KNOW YOUR RIGHTS: UNPAID CARE WORK IN 2024 RWANDA’S FAMILY LAW
Rwanda’s new legislation, Law n° 71/2024 of 26/06/2024 governing persons and family, introduces explicit definitions and mechanisms for recognising and valuing ‘unpaid care work’ within marriage. This is particularly relevant in divorce proceedings and matrimonial agreements, ensuring that domestic contributions have legal and economic recognition.
Definition of Unpaid Care Work
The law provides a clear definition of this labour, emphasising its non-compensated nature within a household:
• Scope of Duties: ‘Unpaid care work’ includes duties related to caring for the health and well-being of household members.
• Specific Tasks: These duties include, but are not limited to, childcare, care for the sick, elder care, cleaning, and meal preparation.
• Key Characteristic: The defining feature is that this work is performed by either spouse without financial compensation.
Valuation in Divorce Proceedings
The new law allows for the economic value of unpaid care work to be considered if a marriage is dissolved:
• Court’s Discretion: During divorce proceedings, the court may take into account the value of unpaid care work performed by one or both spouses, upon request by either of them.
• Calculation Method: The value of this work is calculated as a percentage ranging from 10% to 39% of the property acquired since the spouses’ cohabitation, after deducting any debts incurred after the marriage.
Inclusion in Matrimonial Regimes
Unpaid care work is also incorporated into the design of the custom matrimonial regime:
• Custom Regime: The law introduces a fourth type of matrimonial regime, known as the ‘Matrimonial regime based on agreement drawn up by intending spouses’.
• Content Requirement: The authentic deed establishing this custom regime must explicitly address matters related to unpaid care work.
This legislative approach ensures that domestic contributions are formally recognised and given economic significance, particularly when a marriage ends, thereby acknowledging the often-overlooked value of such labour.