STATE OF THE FIELD IN YOUTH ECONOMIC OPPORTUNITIES

Table of Contents
Chapter 9
Chapter 1 Chapter 2 Chapter 3 Chapter 4 Chapter 5 Chapter 6 Chapter 7 Chapter 8
Chapter 10 Chapter 11 Chapter 12 Chapter 13 Chapter 14 Chapter 15 Annexes
2012 State of the Field in Youth Economic Opportunities
7.4 Advocating for Legal Codes that Respect Marriage, Inheritance and Property
Rights for Women is Critical to Protecting AGYW’s Assets
For years, YEO practitioners have built girls social and economic assets only to find that their work is
compromised by legal practices that limit AGYW’s financial rights. The World Bank, as part of its research on
enabling environments for women’s entrepreneurship, has created a database of legal codes and analyzed how
they affect women’s assets. They have found that:
• Property ownership facilitates women’s jump from micro-finance to bank credit.
If women are not considered the legal owners or shared owners of property they cannot use it as
collateral and take out loans to finance larger entrepreneurial ventures. In many countries, women
also need men to co-sign for loans. In the United States, women could not access business credit until
1974. Legacies of these legal practices exist today and limit women’s opportunities.
• Many formal legal codes still allow discriminatory practices under customary law.
Many countries still follow the Napoleonic Code that considers the man as head of household
and frequently prevent married women from formally owning property, testifying in a trial, or
working outside the home. Even when formal legal codes support women’s rights, they may include
exemptions for customary laws that discriminate against women. The World Bank found that while
low-income countries were more likely to recognize customary law and exempt it from nondiscrimination
on the base of gender, middle income countries also recognize discriminatory aspects
of customary law.
• Gender gaps in legal rights do not necessarily close with income. Even women in formal
sector employment with high levels of education find themselves vulnerable. Advocacy on this front
can affect women in all income strata and across age groups.
While YEO programs advocate for long-term change to legal codes, they can also support young women to
make informed choices at a critical life transition: marriage. See Box 7.4.1 to better understand the legal rights
of women in your country, plan advocacy campaigns, and counsel AGYW as they prepare for marriage.
Chapter 7: Asset-Based Approaches:
Building and Protecting Assets of AGYW
7.4.1 Checklist: How Can AGYW Protect Their Assets at Marriage
Key life decisions can affect women’s assets and
ability to access economic opportunities. Hallward-
Dreimeier of the World Bank notes that marriage
can significantly impact AGYW and their financial
trajectories. To understand this issue in your country,
consider the following questions. When AGYW marry,
are they able to:
✔ Register their marriage
✔ Choose a marital property regime that will protect
them in the case of divorce or their husband’s
death
✔ Jointly register property
✔ Register their businesses in their own name
✔ Write a will and have husband write a will to ensure
that she will be entitled to his assets
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