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EXAMINING THE LEGAL FRAMEWORK IN ADDRESSING WOMEN’S RIGHTS TO PROPERTY IN MARRIAGE, AND DIVORCE IN UGANDA
Nothing more has made the average people afraid than the absolute right of equality in sharing property. Over time and since time immemorial, the man has grab for himself a lot of power, wealth, authority and fame, and anything which is not like him will not be entitled to the privileges a man is supposed to have. Instead of using his power, authority and wealth to uplift and empower the unprivileged like women in the society, man has decided to use his power and authority to undermine the woman and labelling her to be second class citizen and the woman is therefore seen to be below the standard of the man. Women at all material times have been equated to property, and lesser human beings compared to men. As result society has labeled them to be stupid, and people who cannot comprehend difficult things. All these beliefs about women are the principle reasons why, they have been assigned roles that are considered to be inferior to those of men in the marriage institution. Throughout history, the woman is not allowed to own property since she was equated to property and things like inheritance rights are strictly restricted to the male gender, and matrimonial property is regarded to be for the man because the non-financial contribution of the woman is considered to be inferior and therefore unequal to the man. Such beliefs have given the man a superior position in the family, and the man has decided to use his superiority to beat and torture the woman hence leading to domestic violence. The suffering of the Woman caught the attention of the United Nations to adopt and to bring into force CEDAW to address the crisis of property faced by women in the marriage institution and advancing the principle that, Men and Women should be equal in the marriage institution. The researcher’s aim is therefore to investigate whether the law has effectively addressed the issue of rights of women to property in marriage and divorce.
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