New report by ATRC on women’s property rights in Kosovo

ILC EMENA member ATRC has released a new report called 'Women’s Challenges in Realizing Property Rights in Kosovo: A Perspective from Judicial Monitoring'.

The report addresses the challenges that women in Kosovo face in realizing property rights, based on the monitoring of 60 cases and 172 court sessions in the courts of first and second instance during the period September 2024 – August 2025. The aim is to identify systemic and social obstacles that limit women’s access to justice, particularly in disputes over division of property after divorce and inheritance.

This blog posts gives you the main highlights of the report!

Although the legal framework in Kosovo guarantees gender equality, in reality only 21% of properties in Kosovo are owned by women. The lack of property security limits women’s economic independence and decision-making role in the family and society.

In addition to patriarchal traditions, the judicial system lacks efficiency, making procedures long and complicated. Furthermore, around 40% of properties remain registered in the names of deceased persons, which makes division of property in cases of divorce or inheritance difficult.

The monitoring was conducted in several basic courts and in the Court of Appeals. Cases were identified through cooperation with the courts and judges, since databases do not provide separation according to the gender of the parties – a deficiency that makes gender analysis difficult. Data were collected from court files, sessions, and minutes, supplemented with focus groups and interviews.

The Constitution of Kosovo, international instruments such as CEDAW and the European Convention on Human Rights, as well as domestic laws on property, inheritance, family and gender equality guarantee equal rights to property. However, the gap between law and practice remains large, reflected in the exclusion of women from property through traditions and slow procedures.

From 60 monitored cases, 16 were related to inheritance, 17 to division of property after divorce, whilst 21 to other property issues.

In 35 cases the plaintiffs were women, showing that often they initiate the process to protect their own rights.

1. Lack of capacities – the small number of judges and administrative staff drags processes and limits transparency, since judgments are often not published.
2. Inaccurate minutes – the documentation of sessions often does not reflect reality, leaving out discriminatory behaviors or important incidents.
3. Prolonged procedures – for one lawsuit it takes on average about 4 years to be treated. Postponements and cancellations of sessions are frequent, bringing insecurity for the parties.
4. Poor legal representation – lawyers often do not prepare strong arguments and do not react to discriminatory language, leaving women without effective protection.

Women often remain disadvantaged due to:

• Informality in the registration of properties,
• Lack of recognition of non-financial work (care and unpaid work in the family),
• Transfer of property from husbands to their family members to exclude women.

The greatest inequalities appear in inheritance. Women often:

• Renounce the right due to social pressures,
• Are excluded through hidden procedures by brothers,
• Receive less property through informal agreements,
• Face discrimination, especially when they are widows without children.

In Kosovo the law guarantees equality, but in practice women face structural, procedural and social obstacles that make it difficult to exercise property rights. Long processes, lack of transparency, inadequate representation and patriarchal norms worsen the situation.

• Increase the number of judges and staff, publication of judgments and use of technology for transcription of sessions.
• Establish time limits for civil cases, with priority for cases where a party is a woman.
• Gender trainings for judges and lawyers, as well as disciplinary mechanisms against negligence.
• Awareness campaigns that encourage women to participate in sessions and not renounce inheritance.
• Recognition and measurement of non-financial contribution through independent experts.