An Examination of the Primogeniture Rule and its compliance with International Human Rights Law: A Study of Nigeria, South Africa and United Kingdom
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Date
2023-12
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Lead City University
Abstract
The most prevalent inheritance law used to preserve undivided property is primogeniture, which has drawn criticism because it prevents female children from inheriting. Not through lack of practice, but typically due to their incapacity to coexist with contemporary formal laws, both municipal and international, many customary practices and laws have become extinct. Hence, this study aims to analyze the principles of primogeniture rule and its position under international human rights law; studying a scenario of Nigeria, South Africa and United Kingdom. The research used a qualitative research design method which is deemed the ideal design to use within the qualitative methodology because it’s ability to facilitate exploration of the phenomenon within its context, using a variety of secondary data. The study collected and analyzed non-numerical data (e.g., text, and video) which are all secondary. It is obvious that the primogeniture system has a negative standing in international human rights legislation. The study discovered that primogeniture rule is still significant and applicable in Nigeria, where it is recognized and applied. Customary law and statutes both directly and indirectly support its application. The work suggests a legal framework to be established to handle any failure to uphold the obligation of assistance and care. Also, recommending relatives of a deceased who passes away intestate to have access to a forum where they can decide whether or not they want
to be ruled by the customary norm of primogeniture or a codified customary law of intestate succession.
Keywords: Inheritance, Primogeniture, International Human Rights Law, Customary Law, Statutes, Intestate Succession
Word Count: 243
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Keywords
Inheritance, Primogeniture, International Human Rights Law, Customary Law, Statutes, Intestate Succession