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