Discriminatory attitudes towards women’s access to property and inheritance rights: the case of Eastern Black Sea Region (EBSR), Türkiye

Women’s property and inheritance rights are protected by gender-neutral laws in Türkiye. Nevertheless, there is a discrepancy between the de facto and de jure situation in certain segments of society. In order to shed light on the reasons for this discrepancy, the study focuses on real-life experiences in the Eastern Black Sea Region (EBSR). The objective of this study is to describe and interpret, from a phenomenological perspective, the gender-based approaches, attitudes, and barriers encountered regarding women’s property rights during land title determination processes. These dynamics are explored through the lived experiences of eight cadastre experts during their field operations. Notably, descriptive phenomenology was adopted for this inquiry. Data were collected via interviews with experts actively serving in the EBSR, all of whom possess extensive field experience in property law applications. The analysis revealed a total of 51 codes, 14 sub-themes, and 6 primary themes. The results demonstrate that while women’s right to access property is legally well-established, the practical exercise of this right remains contingent upon various socio-cultural phenomena. Furthermore, it was observed that women are often deprived of their property and inheritance rights due to a lack of legal literacy regarding inheritance distribution, male-centric traditional practices, the opposition to formal regulations, and interpersonal conflicts. However, it is also significant that in some instances, this deprivation occurs through the voluntary renunciation of inheritance claims by the women themselves.