From law to reality: Why women in Kosovo still remain out of family heritage

Hannah is 35 years old, living and working in Pristina, has built a stable life, but has no property in her name. Not even from parents. Not even from the family of the man you live with. Not that it doesn't belong to him, but that he never asked for it.

No, I didn't ask for it, nor did I ask for”, she says calm. The password belongs to the brother. My sisters and I are married, we have a home. That's going to be over”

Hannah, whose true identity is known for the editing of Radio Free Europe has three sisters and one brother.

Their parents' property includes a house with about 20 gold of land on the outskirts of Pristina and four hectares of agricultural land in a region village.

Legally, she's right in an equal part, but in reality, she doesn't even think about hers.

The blade speaks of the REL, even reluctant to be identified, not because of the law, but the family.

“If the brother realizes I'm talking about this matter, he feels bad”, Hannah says.

She admits that property is security but a certainty she has learned to view as something she does not belong to.

If my brother voluntarily gave me my share, I would admit it, because the property is financial security, but otherwise not”, she says.

Hannah's case is no exception, but it's almost fine, even in the younger generation.

When the legacy is taboo

In Kosovo, many women do not enjoy property rights, not because of lack of law, but because of mentality.

Tradition still views family property as an inheritance for boys.

During the report, Radio Free Europe has often encountered women's refusal to talk about the subject.

The reason is the same: The legacy is not discussed in the family.

According to a report by the Group for Juridical and Political Studies (GLPS) in Pristina, published in September last year, about 45 percent of women involved in judicial processes renounce their legacy.

The attraction is often presented as <x0volve>”, but in reality is the result of social pressure, fear of breakdown of family relations and traditional norms that do not treat women and men as equal.

The report is based on monitoring 60 property disputes in Kosovo's six fundamental courts, which include women and non-US communities.

And more than half of the cases are related to the heritage or division of wealth after the divorce.

When men decide how much <x0...

The author of this report, Dea Fetiu, tells Radio Free Europe that women often give up inheritance even through informal agreements or because of promises that never come true.

But it is the most disturbing idea that men have the right to decide for themselves how much a woman should inherit.

“During the monitoring, we have encountered cases when brothers have given the sister a flat and have declared that she no longer has the right to be involved in sharing her parents ' wealth. The reason was that she was upset with the part they decided to give”, Fetiu explains.

According to her, regardless of the different terrestrials, the common denominator remains the same - the dominance of patriarchal values.

The patriarchal monotheism continues not to treat women and men as equal owners of property, especially of inherited property”, Fetiu says.

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Sociologist Besim Golopen from University “Isa Boletini” in South Mitrovica says that women who seek their share often stigmatize.

If a sister wants her share, she's labeled ruthless or untraceable, he says.

This approach has silenced women and the legacy remains taboo, although it is legal right”.

According to Golopen, the role of the institutions of justice also has a discouraging effect.

The procedures are long, procrastinated, and in some cases women give up because the process becomes unbearable”, he says.

Delaying Justice, Women Who Surrender

The GLPS report finds that the judicial system in Kosovo faces structural, technical and human challenges that limit women's access to justice.

Of the 24 cases monitored, on average it takes about four years, or 1,454 days, for a matter to begin to be considered.

Even after the first session, the processes drag on due to frequent delays.

“Out of 170 monitored sessions, 55 have been postponed and some have been completely cancelled”, Fetiu says. “These delays discourage women from demanding inheritance sharing”, according to her.

Is the new generation changing?

Sociologist Golopen believes that change must be initiated by the new generation and the family.

“Young people should be examples in law enforcement. The subject should also be discussed in schools, but real change starts with parents”, he says.

However, not all young women express confidence that they will seek family inheritance.

Dea Gashi, Laura and Aureela all students from Pristina tell Radio Free Europe that they hesitate when it comes to parental wealth, but are more determined on the wealth created in marriage.

“If we contribute both, the property should be shared”, Dea says. If I buy the property myself with my money, it will only be in my name. Or if he buys it himself, I won't insist on being co-owner”, she adds.

And Silver Asia, 22, says convinced that his only sister will not be excluded from family heritage, while in marriage she says that wealth should be shared.

This is how we grow up as a couple and contribute equally. No one's contribution can be replaced”, he says.

Figures showing slow change

According to the Kosovo Cadastral Agency, 656,430 properties are registered in the country.

Some 77 percent are in the name of men, while only 21 percent figure in the name of women or in the common name of husbands.

Property registration on common behalf has begun to rise after 2016, after the introduction of an administrative directive that stimulates the practice. That instruction will be applied until March 2028.

Leonora Selmani, from the Agency for Gender Equality, says this mechanism has produced positive results.

There were only 105 registered properties in 2016. Today, this number has increased significantly”, she says, without specifying more.

But Hannah, who has never benefited from family wealth and has no property in her name, sees life differently.

The house is in the husband's name, and that doesn't bother me”

I've never asked to register on a common name. Maybe... because I'm used to not seeking property”, the 35-year-old ends. /Radio Free Europe