Protection of Women’s Land Rights: The Experience of Foreign Countries

Access to land resources plays a critical role in ensuring women’s economic independence, social security, and participation in decision-making. Yet, in many regions of the world, women continue to face substantial barriers to the realization of their land rights, thereby undermining efforts to achieve gender equality. In most   European countries, the principle of gender equality is formally consolidated in legislation, granting women legal rights equal to those of men to own, use, dispose of, and inherit land. In practice, however, significant inequalities persist. In Africa, the problem of women’s land rights is more complex and multidimensional. In many countries of the region, dual legal systems operate in which formal legislation coexists with customary norms that are often rooted in patriarchal traditions. Within such customary systems, women are generally denied rights of landownership or inheritance. A common problem across countries in Asia and Africa remains: women insufficiently participate in decision-making processes relating to land governance, they are limited in access to financing, training, and agricultural resources. Thus, despite the differences between Europe and Africa, the underlying nature of the problem lies in the unequal distribution of resources, persistent stereotypes, and structural barriers that prevent women from realizing their full potential and role in land governance. The paper argues that addressing this problem requires attention to regional specificities, revision of legal norms, expansion of educational programs, and the active involvement of local and international organizations in dismantling the structural barriers that impede women’s access to land.

1. Agarwal B. Gender and land rights revisited: exploring new prospects via the State, family and market. Journal of Agrarian Change. 2003;3:184-224.

2. Andersson E. Gendered Resource Access and Utilisation in Swedish Family Farming. Land. 2014;3:188-203.

3. Arzoz X. The Constitutional Court of Spain: Doctrines, Practices and Acceptance. Zeitschrift für öffentliches Recht. 2021;76:413-438. (In Germ.).

4. Aymard B. Goulin Dynamics of Women’s Access Conditions to Agricultural Land among the Yacouba of Danané. International Journal of Social Science Research and Review. 2022;5(10):309-320.

5. Butt TM, Hassan SY, Mehmood K, Muhammad S. Role of rural women in agricultural development and their constraints. Journal of Agriculture & Social Sciences. 2010;6(3):53-56.

6. Daley E, Flower C, Miggiano L, Pallas S. Women’ lands rights and gender justice in land governance: pillars in the promotion and protection of women’s human rights in rural areas. Available at: https://landportal.org/library/resources/intern-womens-201301/women%E2%80%99s-land-rights-and-gender-justice-land-governance [Accessed 22.03.2025].

7. Deiana MA. Women’s Citizenship in Northern Ireland after the 1998 Agreement. Irish Political Studies. 2013;28(3):399-412.

8. Deo S. With a historic legal decision, India marks progress toward equal inheritance rights for daughters. Available at: https://landportal.org/blog-post/2021/02/historic-legal-decision-india-marks-progress-toward-equal-inheritance-rights [Accessed 22.03.2025].

9. Knappe H, Lang S. Between whisper and voice: Online women’s movement outreach in the UK and Germany. European Journal of Women’s Studies. 2014;21(4):1-21.

10. Parisio V. Italian administrative Courts, competition and services of general economic interest of local relevance: a general overview. Fascicolo. 2024;3:121-140.

11. Quisumbing AR, Maluccio JA. Resources at marriage and intrahousehold allocation: Evidence from Bangladesh, Ethiopia, Indonesia, and South Africa. Oxford Bulletin of Economics and Statistics. 2002;65:283-328.

12. Salido O. Female employment and policies for balancing work and family life in Spain. In: Guillén A, León M (eds.). The Spanish Welfare State in European Context. Aldershot: Ashgate; 2011.

13. Sulkunen I. Suffrage, gender and citizenship in Finland. NordEuropaForum. 2007;1:27-44.

14. Uwayezu E. Land Policy Reform in Rwanda and Land Tenure Security for all Citizens: Provision and Recognition of Women’s Rights over Land Land Policy Reform in Rwanda and Land Tenure Security for all Citizens: Provision and Recognition of Women’s Rights over Land. Gender Issues in Land Administration. 2011;4914:1-18.

15. Vacca A. The Italian Constitution, Constitutional Court Judgments and the Distribution of Competences on Minority Languages. Journal of Language and Law. 2016;65:149-158.

16. Vicinelli С. Il Cammino Delle Donne Nella Societa Italiana. Available at: https://www.istitutostoricoresistenza.it/wp-content/uploads/2017/04/Il-cammino-delle-donne.pdf.

17. Volkov LV, Khotkin AV. The New Strategy of the Common Agricultural Policy of the European Union: Goals, Guidelines, Principles. Financial Markets and Banks. 2023;11:9 (5–10). (In Russ.).

18. Weiser SD, et al. Food insufficiency is associated with high-risk sexual behavior among women in Botswana and Swaziland. PLos Medicine. 2007;4:e260.

19. Willenbacher B. Individualism and Traditionalism in Inheritance Law in Germany, France, England, and the United States. Journal of Family History. 2003;28:208-225.

20. Zabolotnaya L. Inheritance Rights of Moldavian women (14thџ17th centuries). Comparative study. In: Balcanica Posnaniensia. Acta et studia, XX. Poznań. Wydawnictwo Instytutu Historii UAM; 2013.