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.
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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
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