Customary law is still strong in Montenegro

Women's right to inheritance in many societies often encounters obstacles stemming from deep-rooted customs and patriarchal norms. Although laws in most countries do not differentiate between the sexes when it comes to inheritance, reality often shows a different picture.

Thus, a thirty-year-old professor from Nikšić, J. Đ. states that in her extended and immediate family, women were brought up to renounce inheritance and that this attitude towards property became a family tradition.

"Mother, aunt and all the older women in our family gave up their share of the inheritance in favor of the men in the family. "Maybe I would give up my part tomorrow if I didn't listen to the environment and suffer different pressures," she points out.

Law on Inheritance, the lawyer explains Veljo Brajkovic, does not make any difference in relation to the gender of the heir, and women and men have absolutely the same rights when inheriting. Brajković believes that women are fully aware of their rights, but that in a large number of cases under pressure, primarily from the environment (what others will say) and imposed customs, they give up their rights and renounce their property in the name of their male relatives.

"I am not aware that there are statistics in which percentage of women give up their share of inheritance in Montenegro, but I believe that this percentage is decreasing year by year and I think that in recent years it is below 30 percent. However, there is a significant difference between women from urban and rural areas. Women who grew up in urban areas overwhelmingly accept the inheritance that belongs to them by law, while women from rural areas almost all give up their inheritance in favor of their brothers or sons''.

Despite legal equality, women often renounce inheritance in favor of male descendants, according to sociologist, prof. Ph.D Biljana Maslovaric, which states that the reasons are multi-layered and include: social pressure that implies that men, as the future bearers of the family line and household, should receive a greater share of property. Then, customary laws and practices.

"In some societies, customary law and cultural traditions support the idea that women move into another family upon marriage and that therefore property should remain within the family. This may include countries where formal laws provide for equal division of inheritance, but where common law is still stronger. For example, in Montenegro this customary law is still strong. After that we have economic and social status. Women are often in an economically weaker position, they do not have equal access to resources or legal support that would allow them to fight for their rights. This may be related to a lower level of education, limited access to the labor market and a weaker social network. And finally, there are emotional and family relationships".

Prof. Dr. Maslovarić explains that women can be under pressure for family reasons, which includes the desire to preserve family relations and harmony. Renunciation of inheritance can be seen, he states, as an act of sacrifice for the welfare of the family, especially if the male members are financially dependent on the inheritance.

In the event that there is a will or a gift agreement by which the woman was left without her share, lawyer Brajković explains that "women, just like men, in that case have the right to inherit the necessary part of the inheritance (1/2 or 1/ 3 of the part that would belong to them as legal heirs). If that necessary part of them is violated, they can dispute the gifts that the testator made before his death, and these gifts must be included in the part of the inheritance that belongs to the necessary heirs.

That it is still difficult to say "it is my right, it follows me", believes the interlocutor from the beginning of the story, J.Đ. which, however, states that the fight for women's equality must also include the issue of inheritance.

Sociologist Maslovarić considers education to be crucial in the process of emancipation and empowerment of women to fight for what belongs to them, which is equal rights.

"Creating a safe space where women can be open and where they can support each other is key to changing attitudes."

Although the laws on this matter are clear and unambiguous, customs, traditions and the opinion of the environment often have more weight. It is true that changing consciousness takes time, but our society in the 21st century must change social norms faster and more decisively, which harm women and are not in accordance with the principle of gender equality.

This text was written as part of the project "Women as Leaders of Change at the Local Level" implemented by the Open Dialogue Network and financed by the Ministry of Human and Minority Rights.