Examples of using Devolution of property on death in English and their translations into Arabic
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article 23(4) permits discriminatory laws to exist in the area of personal law, namely revenue allocation, adoption, marriage, divorce, burial, devolution of property on death or other matters of personal law and customary law with respect to any matter.
Some provisions of the Constitution affecting women, including Section 27(4)(d) and(e), have encouraged discriminatory practices with respect to adoption, marriage, divorce, burial, devolution of property on death, and other personal law issues, thus limiting the general principle of non-discrimination, and compromising the implementation of the three" gender" laws enacted in 2007, which have attempted to promote equal rights in areas of property, adoption, marriage and divorce.
CEDAW, CESCR, the HR Committee and CERD, also highlighted by UNHCR, expressed concern that article 23 of the current Constitution provides for exclusions and exceptions to the prohibition against discrimination, including with respect to non-citizens, adoption, marriage, divorce, burial, devolution of property on death, and other matters of civil and customary law. The amendment of article 23(4) of the Constitution was recommended.
burial, devolution of property on death or other interests of personal law".
The Constitution protects people from being" treated in a discriminatory manner by any person or authority"(16, 2), except in certain circumstances, including where any law applies" with respect to adoption, marriage, divorce, burial, devolution of property on death or other like matters which is the personal law of persons"(16, 4, c), and subject to such provisions as the public interest and the protection of the rights or freedoms of others(16, 7).
The Committee is particularly concerned that the highly debated section 27(d)(4) of the Constitution, which provides that the prohibition of discrimination does not apply to adoption, marriage, divorce, burial, devolution of property on death and to other matters of personal law, not only discriminates against women, but also prevails over the Registration of Customary Marriage and Divorce Act, the Domestic Violence Act and the Devolution of Estates Act, thus defeating the efforts of the State party to comply with the Convention.
The Committee ' s concern that:(i) the 1997 Constitution explicitly exempts from prohibition of discrimination on grounds of gender. The areas governing personal status, particularly with regard to adoption, marriage, divorce, burial and devolution of property on death, in contravention of articles 2 and 16 of the Convention, resulting in continuing discrimination against women; and(ii) about the widespread practice of polygamy does not take into consideration the
the Committee expressed its concern at the contradictory provisions contained in the Constitution whereby article 11 guarantees the equal status of women and article 23(4) permits discriminatory laws to exist in the area of personal law, namely; revenue allocation, adoption, marriage, divorce, burial, devolution of property on death, or other matters of personal law and customary law with respect to any matter.
practice would be lawful and justifiable. Section 4(d) provides that" subsection(1) shall not apply to any law so far as that law makes provision with respect to adoption, marriage, divorce, burial, devolution of property on death or other interests of personal law".
in some cases, of personal laws with respect to adoption, marriage, divorce, burial, devolution of property on death and other like matters.
In Sierra Leone, the Constitution still includes language that has discriminatory effect against women, including a provision excluding from the Constitution ' s anti-discrimination clause any law which makes provision with respect to adoption, marriage, divorce, burial, devolution of property on death or other interests of personal law.
party to ensure that the ongoing constitutional reform and all personal laws relating to adoption, marriage, divorce, burial or devolution of property on death are governed by the principle of non-discrimination, and that it eliminate all legislation that may result in discrimination against women.
The Committee urges the State party to repeal urgently and without delay section 15(4) of the Constitution, in order to end violations of women ' s rights with respect to adoption, marriage, divorce, burial and devolution of property on death and other matters of personal law in line with articles 2 and 16 of the Convention.
The Committee is deeply concerned that section 15(4) of the Constitution exempts adoption, marriage, divorce, burial and devolution of property on death and other matters of personal law from the constitutional provision of nondiscrimination, indicating violations by the State party of rights set forth in the Convention, in particular articles 2 and 16 of the Convention.
In 2007, the Committee on the Elimination of Discrimination against Women(CEDAW) expressed concern about section 27(4)(d) of the Constitution, which provided that the guarantee against non-discrimination did not apply with respect to adoption, marriage, divorce, burial, devolution of property on death or other interests of personal law, thus discriminating against women, in violation of the Convention.
On the issue of constitutional exceptions to the principle of non-discrimination(question 4), section 15, subsection 4, of the Constitution stipulated that a law would not be regarded as discriminatory insofar as it made provision with respect to persons who were not citizens of Botswana and with respect to adoption, marriage, divorce, burial, devolution of property on death or other matters of personal law.
Subsection(1) shall not apply to any law so far as that law makes provision ' for the application, in the case of persons of any such description as is mentioned in Subsection(3)(or of persons connected with such persons), of the law with respect to adoption, marriage, divorce, burial, devolution of property on death or any other like matters that is the personal law applicable to persons of that description.
The Constitution guarantees that, except in certain circumstances, including where any law applies" with respect to adoption, marriage, divorce, burial, devolution of property on death or other like matters which is the personal law of persons"(16, 4, c), and subject to such provisions as the public interest and the protection of the rights or freedoms of others(16, 7)," no person shall be treated in a discriminatory manner by any person or authority"(16, 2).
The critical issues raised by the CEDAW Committee relating to" adoption, marriage, divorce, burial and devolution of property on death…" were thoroughly debated to reach consensus on the concepts.