Property Rights, Inheritance by Wives and Gender Equality: Brazil and Hispanic America in Comparative Perspective

Abstract

Considerable gains were made in Latin America over the course of the twentieth century in strengthening the property rights of married women. Insufficient attention, nonetheless, has been given to the inheritance rights of wives. Reviewing the legal norms for twelve countries, it is argued that widows are often in a disadvantaged position compared to the children of a couple. Inheritance norms were not designed to give widows the possibility for economic autonomy, such as through control of the family farm or business. Moreover, given the gender gap favoring women in the lengthening of life spans and the low coverage of social security (particularly in rural areas) in most countries, they are particularly vulnerable when they are widowed. The women’s movement is urged to take on the issue of inheritance rights since strengthening these are necessary to achieve a redistribution of property and real gender equality.