Gender equality in disputes for inheritance rights and labor disputes

May 10 2019, Academy of Justice within CTP conducted training on the topic of “Gender equality in disputes for inheritance and in labor disputes”. Purpose of this right was to enhance the judge’s knowledge on disputes over the right to inheritance and labor disputes.

First part of this training elaborated on: infringement of the indispensable part and court proceedings in cases of violation, non-declaration of inheritors and procedure after the announcement of inheritance, discrimination in the right of inheritance in other forms such as the violation of life or including factual separation, discrimination at work and the manner of gender discrimination. Whereas in the second part of the training were addressed: Judicial protection in cases of discrimination on a gender basis and drafting and justification of court decisions according to the procedural and case specifics.

At the beginning it was emphasized that indispensable part is a right of a physical person that according to provisions of the Law on inheritance is entitled to inherit but which is in contradiction with the wish-will of the testator in cases of availability of the property after his/her death. Content and extent of the right in the indispensable part of the property is set forth by norms of imperative character. The indispensable part is not set by default, but this is set and realized only upon request of the heir that is classified as necessary heir according to the law.

This training emphasized that the judgment taken in the inheritance procedure has the declarative character and the person - legal heir has no obstacles to initiate the dispute against the heir announced as heir by will to request the rights to the inheritance property, just like the person that has property claims in the inherited property to initiate the civil dispute. Heirs not included in the inheritance procedure have the right to initiate a civil dispute with inheritance lawsuit, against legal heirs included in the inheritance procedure and against whom they have been announced as heirs.

This training used combined methods of teaching through theoretical lecturing, and case studies, followed by interactive discussions facilitated by trainers, analysis of the topic, with focus on implementation of the gender equality in disputes over the inheritance right and in labor disputes as well.

Beneficiaries of this training were basic court judges and professional associates in the Republic of Kosovo.