"A widow shall have the right to an equitable share in the inheritance of the property of her husband...Women and men shall have the right to inherit, in equitable shares, their parents' properties". 99.The Applicants state that the Committee on the Elimination of Discrimination against Women has also declared that practices which do not give women the same share of inheritance as men constitute a violation of CEDAW. 100. As regards the child, the Applicants submit that, according to the new Family Code, children born out of wedlock do not have the right to inheritance and that they may be accorded inheritance only if their parents so wish and the conditions set out in Article 751 of the Family Code have been met (see supra paragraph 97). 101 . The Applicants further submit that the Respondent State also violated Article a() of the Children's Charter, and Article 3 thereof which prohibits all forms of discrimination. 102. The Applicants contend that although the new Code provides for equal share of inheritance between the legitimate child and the child born out of wedlock where inheritance is governed by the provisions of the Family Code, this right is rendered illusory by the application of the customary or religious regime as the law applicable in the absence of a will to the contrary; that the regime applicable to most children born out of wedlock in Mali remains the customary or religious law, and that in the circumstances, the right to inheritance is no longer a right but a favour for children born out of wedlock in Muslim families. 103. ln its Response, the Respondent State indicates that, until recenfly, Mali did not have an inheritance legislation that was entirely customary; that by a commitment entered into, the State of Mali regulated inheritance in the Family Code of 2009 by enshrining equal share for men and women with the pation of the children born out of wedlock in the devolution of estate on 6 See Matter of A.T yersus Hungary (2005)pEDAW 212005, para. 9.3 {t 22 v- s @'

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