not make any distinction between children and they all have the right to inheritance. 110. The Court notes from the foregoing provisions (paragraph 105) that in matters of inheritance a predominant place is accorded to the rights of the woman and the child, given that the widow and the children born out of wedlock have the same rights as the others. These guarantee equality of treatment for women and for children without any distinction. 111. The Court notes that in the instant case, the Family Code applicable in Mali enshrines religious and customary law as the applicable regime in the absence of any other legal regime or a document authenticated by a notary. Article 751 of the Family Code stipulates that: "lnheritance shall be devolved according to the rules of religious law or the provisions of this Code ... ". 112. The documents on record also show that in matters of inheritance, lslamic law gives to the woman half of the inheritance a man receives, and that children born out of wedlock are entitled to inheritance only if their parents so desire. 113. The Court notes that the superior interest of the child required in matters of inheritance as stipulated under Article (1) of the Children's Charter in any procedure, were not taken into account by the Mali legislator at the time of elaboration of the Family Code. 114. The Court finds that the lslamic law currently applicable in Mali in matters of inheritance and the customary practices are not in conformity with the instruments ratified by the Respondent State. 1 15. The Court therefore holds that the Respondent State has violated Article 21(2) of the Maputo Protocol and Articles 3 and 4 of the Children's Charter. D. Alleged violation of the obligation to eliminate practices or traditions harmful towards women and children 4 24 ru

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