Cohabitation And Instate Succession: A Human Right Perspective

ABSTRACT

General comment 19 of the international covenant on civil and political rights asks states to

recognise and protect all families but leaves how to do this to state discretion. It is silfflit on

whether all families must be protected equally in all circumstances. Often, states make n01mative

distinction between the unmarried cohabitants and married spouses such that cohabitants are

norn1ally not given the quality of rights and protections guaranteed to maJTied spouses. Whereas

some researchers found that this situation creates disadvantages for cohabitants and argue for

equal treatment of cohabitants and married spouses in all matters of concern to the family, others

would like to preserve the usual strict distinctions between them. The thesis uses Uganda's

intestate succession law as primary data to take a mid way position in this research. It proposes a

contextual specific approach to assessing issues of interest to the family taking into consideration

the human rights implications so as to determine how appropriate it is to distinguish be~een

cohabitants and married spouses. This suggests that human rights concern should normally

determine the essence of differential treatment to avoid discrimination against cohabitants