NRC I Displacement, HLP and access to civil documentation in the north west of the Syrian Arab Republic
Part 3: Women’s housing, land and property
rights
NRC’s research also explored women’s access to housing, land and
property, both prior to and post-2011. Securing HLP rights for women
plays an essential role in economic and social outcomes for women and
their families. As NRC has documented in other conflict-affected states,
women face specific challenges in securing their HLP rights at all stages
of an armed conflict. Discriminatory laws, norms and practices
around ownership, inheritance and decision-making – examples
of which exist in Syria - prior to a conflict also influence the
challenges that women face. 37 Failure to identify these issues and
seek integrated solutions increases the long-term costs of conflict and
undermines progress towards gender equity in the enjoyment of rights.
As a result of conflict, social norms and legal practices, women’s claims
to housing, land and property that was theirs prior to displacement, is
generally weaker than that of their male counterparts. 38
Under the property rights system that was in place in Syria pre-2011,
women had comparatively weaker rights than men to their primary
residence as women’s names were often not included on HLP documents
and there is commonly no provision in marriage contracts regarding HLP
assets accumulated during marriage. This practice remains in place today.
During the course of NRC’s assessment, it was reported that males in
the household often make decisions regarding the primary residence
37 See the Displaced Women’s Rights to Housing, Land and Property project for more information. Available at: http://womenshlp.nrc.no/ In the Syrian context, an example of a discriminatory
HLP law, norm or practice is the common practice of not including the names of women of HLP
documentation which has the effect of limiting women’s right to HLP assets accumulated during
the marriage on divorce or on the death of their spouse.
38 Nadia Forni, 2001, Land Tenure Systems Structural Features and Polices, FAO, p.33 and,
Norwegian Refugee Council, 2016, op. cit., 14.
20 I NRC Assessment Report