PALU Seeks Advisory Opinion from African Court on Women’s Inheritance Rights

Arusha, Tanzania, — The Pan African Lawyers Union (PALU), in partnership with the Clooney Foundation for Justice, has formally filed a request for an Advisory Opinion before the African Court on Human and Peoples’ Rights, seeking clarity on the legal obligations of African states to uphold equal inheritance rights for women and girls.

In a press statement released today,13 March 2026, PALU described the move as “a significant legal step” aimed at addressing widespread discrimination embedded in statutory, customary, and religious inheritance systems across the continent.

“Inheritance is central to economic independence and social security for women and girls, yet millions across Africa are still denied equal rights due to discriminatory laws, customs, and religious practices,” the statement reads.

According to the World Bank’s 'Women, Business and the Law 2026 report', 18 African Union member states do not grant equal inheritance rights to sons and daughters, while 19 countries deny equal rights to widows and widowers. PALU noted that in many cases, customary and religious norms override statutory protections, leaving women in polygamous or unregistered unions, as well as children born out of wedlock, particularly vulnerable.

The organization emphasized that such inequalities perpetuate poverty and gender disparity. “These practices perpetuate cycles of poverty, the feminization of poverty, and gender inequality,” the statement said, adding that secure inheritance and land rights can significantly improve women’s economic outcomes.

Citing data from international institutions, PALU highlighted that “secure land and inheritance rights for women can increase their income by up to 3.8 times, improve access to credit, and reduce food insecurity by over one-third.” Furthermore, estimates from the International Monetary Fund and UN Women suggest that eliminating gender gaps in economic participation could contribute up to $7 trillion to the global economy.

Through its application, PALU has asked the Court to clarify whether inheritance laws that discriminate against women violate key human rights instruments, including the African Charter on Human and Peoples’ Rights and the Maputo Protocol. It also seeks guidance on states’ responsibilities to eliminate discrimination, ensure equal protection under the law, and guarantee access to justice.

“The request calls for robust enforcement mechanisms and inclusive legal protections, particularly for widows, women in polygamous or unregistered marriages, and children born out of wedlock,” the statement noted.

PALU further pointed to recent judicial decisions in countries such as Nigeria, South Africa, Kenya, and Botswana, where courts have upheld constitutional principles of equality over conflicting customary or religious practices.

“The Advisory Opinion will provide vital guidance for harmonizing national laws with human rights standards, shaping policy reform, and supporting advocacy for equal inheritance rights across the continent,” PALU stated.

The organization has called on governments, African Union institutions, civil society, and other stakeholders to support the initiative. “Together, we can close the justice gap, end discriminatory practices, and uphold the dignity and rights of every African woman and girl,” the statement concluded.