the same footing as the legitimate child; but that, under the pressure and for fear of social unrest, the State had to consent to a re-drafting of this text. 104. The Respondent State further submits that the Family Code promulgated in 2011 has the advantage of being flexible in the sense that it allows for reconciliation of entrenched positions, offering each citizen the possibility of determining his mode of inheritance; that anyone who does not wish his succession to be arranged according to customary or religious rules simply expresses his willto have his inheritance devolved according to Family Code rules or his will; that the legislator has simplified the mode of expression of this choice which can be made even by testimony. 105. Based on the above considerations, the Respondent State concludes that it must be recognised that Mali's Family Code offers immense possibilities to every citizen and, therefore, does not violate the right to inheritance. 106. ln their Reply, the Applicants maintain the arguments developed in their Application that under lslamic law, granting equal inheritance shares to men and women is a favour and not a right; and also that equal share between children born in wedlock and children born out of wedlock is similarly a favour. 107. The Applicants therefore pray the Court to rule that, by legalising discrimination against women and children born out of wedlock, the Respondent State violated Article 21 of the Maputo Protocol, Article 4 of the Children's Charter and Article 16(h) of the CEDAW. *** 108. with regard to women, Article 21 of Maputo protocol stipulates that: "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,,. 109. Regarding the child, Article 3 of the Children's Charter (paragraph 1OS) recognises for the child, all rights and freedoms and proscribes all forms of discrimination regardless of the basi s. The Children's Charter therefore does Y423

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