Inheritance right of women in Kosovo, specifically in Prizren

AuthorMuharrem Faiku
PositionUniversity of Prizren 'Ukshin Hoti'
European Journal of Economics, Law and Social Sciences
IIPCCL Publishing, Graz-Austria
Vol. 3 No. 1
January, 2019
ISSN 2519-1284
Acces online at
Inheritance right of women in Kosovo, speci cally in Prizren
Prof.ass. dr. Muharrem Faiku
University of Prizren “Ukshin Hoti”
Today anywhere in the world the most modern legislations are built upon strong foundations
that proclaim gender equality and give to women the same legal position as men, thus
contributing to break the thousand year gap in terms of fundamental human rights. With
regard to inheritance rights in practice there are many factors that hinder women to be subject
to it’s bene ciaries. Therefore, this paper aims to study the condition in which our society is
about guaranteeing in practice the rights of women, respectively relating to the acquisition of
the right to eligible for inheritance equally to women and men. Also of interest to this study
are the mentality and general a itudes that exist in society and respectively in the city of
Prizren and its provinces. It also aims to nd out which are the key factors that create multiple
barriers to implementation in practice of the law on inheritance law.
Keywords: gender equality, non-discrimination, customary law, the mentality, judicial system.
Gender equality and women's rights, even today in the 21st century, continues to
remain a decisive challenge anywhere in the world, especially in less developed
societies such as our country, where the undertaken steps are too slow and in uenced
by many intertwined factors.
The number of di erent conventions and agreements, that have the main target
of dealing with issues related to women's rights and taking various measures and
policies to mitigate the ideological cultural and religious severity created between
the two sexes, has been increased. In any contemporary and democratic constitution,
the principle of equality and gender non-discrimination is strongly defended; thus
laying strong foundations for the legal and institutional protection of this principle.
This a itude is maintained by the Constitution of Kosovo, which stipulates that no
one can be discriminated on the basis of .gender and in another article equality and
protection before the law is guaranteed to all the citizens (Constitution of the Republic
of Kosovo, 2008).
The same a itude regarding the equality of all citizens before the law is held by the
Constitution of the Republic of Albania (Constitution of the Republic of Albania
(1998), 2009)
One of the fundamental human rights and freedom is the right to inherit and to be
the bearer of the rights and obligations arising from the inheritance relationship.
Concerning inheritance law, there is a phenomenon that extends to all Albanian
territories, on the basis of which a woman is not a bene ciary of inheritance right, since
she o en either renounces it or this right is denied by her parents. This phenomenon,
which has its roots from the past, continues to be a concern for all groups that protect

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