Abstract
It is commonly assumed that widows are adult women; hence, there has been a lack of
research on violations of child-widows' inheritance rights. This study explores the
circumstances under which the girl-child encounters early marriage and is then
widowed under a plural legal system; and searches for solutions. It examines legal
pluralism in Tanzania and its relevancy in this study and applies a qualitative
grounded approach in analysing the interplay between the law and the realities of
child-widows' lives.
Child-widowhood is one of the worst repercussions of child marriage in a variety of
situations and contexts due to their age, gender and immaturity. The study reveals
that most customary laws of inheritance and customs discriminate against childwidows. They face profound violations of their human rights in coping with
widowhood problems. Access to courts is difficult, so their problems are mainly solved
at clan level. Ironically, customary norms, such as the care of widows have been
manipulated; widows are often left with no inheritance. The harm inflicted by
customary law includes impoverishment, violence, the lack of education and the risk of
HIV infection.
The study identifies features for and against the favourable realisation of gender
equality for child-widows through local norms and practices. Although there are
significant obstacles, local norms are still central in facilitating or constraining people's
abilities to claim or exercise whatever rights are available to them. Thus, the study
suggests possibilities of mediating customary norms through the international human
rights law, using the principles of gender equality and non-discrimination. The
prerequisites for this include political will and the legislativeframework.
