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Migration and the right to adequate housing 2010, para. 4
- Paragraph text
- International migrants worldwide are estimated to number over 200 million, representing 3.1 per cent of the world population. Ninety million of them are migrant workers. Forty-eight per cent of all international migrants are women. While the larger proportion of migrants moves from low- and middle-income countries to high-income countries, representing a total flow of 80 million persons, it is estimated that South-South migration accounts for 47 per cent of all migration from the South. Migration between developing countries may be even higher if undocumented migration is considered, as official numbers are for the most part unknown, but it is estimated to be around one third of documented migration.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Women
- Year
- 2010
Paragraph
The right to adequate housing in disaster relief efforts 2011, para. 19
- Paragraph text
- Recovery efforts, by overlooking or directly discriminating against some groups, can perpetuate and even reinforce pre-existing patterns of vulnerability and disadvantage. This is often the case with women. In the wake of the 2004 Indian Ocean tsunami, it was reported that the international response on many occasions strengthened "those who were better off and/or more articulate … while marginalizing those who had few assets, notably women". Relief efforts and policies, for instance, excluded women from livelihoods assistance and on occasion directly undermined women's pre-existing rights, such as their rights to housing or land in matrilineal communities. When women also happen to have insecure tenure - as they often do because their access to housing and land frequently hinges on a relationship with a man, or because they face additional hurdles as sole head of a household, they are particularly vulnerable.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Person(s) affected
- Women
- Year
- 2011
Paragraph
Post conflict and post disaster reconstruction and the right to adequate housing 2011, para. 39
- Paragraph text
- Research conducted by the Active Learning Network for Accountability and Performance (ALNAP) and the ProVention Consortium in the wake of the 2005 South Asia earthquake found "accumulated evidence that people affected by disasters want to participate fully in the response, even if this means a slower implementation process. However, disbursement pressure - the need to get money out of the door - has in the past partly determined response mechanis."While emphasizing the importance of participation, the study also cautions: "When considering communities […] it is important to remember: not to romanticise the coping capacities and resilience of local people and communities - they often face insurmountable difficulties when responding to major disasters; that often 'communities', particularly in areas of high inequality, are made up of different interest groups, and include marginalised groups who may well have difficulty getting their views represented; cultural 'norms' may also, for example, work against women's rights."
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Person(s) affected
- Women
- Year
- 2011
Paragraph
Women and their right to adequate housing 2012, para. 11
- Paragraph text
- The e-consultation highlighted a host of issues which continue to impact the ability of women to enjoy their right to adequate housing or which otherwise have a disproportionate gender impact. In all regions, patriarchy and gender discrimination; poverty; and the impact of globalization, neo-liberal economic policies and privatization surfaced as overarching issues of concern which set the stage for violations of women's right to adequate housing. More specifically, the impact of natural and human-induced disasters, conflict and internal displacement, war and occupation, lack of affordable and low-cost housing, forced evictions, homelessness, domestic violence, lack of women's participation in law and policy-making, lack of access to remedies, inadequate and discriminatory laws, and the application of discriminatory customary law, all emerged as relevant barriers to women's right to adequate housing across regions.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Equality & Inclusion
- Gender
- Movement
- Social & Cultural Rights
- Person(s) affected
- Women
- Year
- 2012
Paragraph
Women and their right to adequate housing 2012, para. 12
- Paragraph text
- Concerns also emerged which were more regionally specific. In Africa, urbanization, climate change, low levels of financial literacy amongst women, and the rising number of female headed households all emerged as key issues affecting the status of women's right to adequate housing in the African continent today. In Asia, as well as in Africa, the consultation revealed how women are negatively affected by the impact of the agrarian crisis, as well as by "land grabbing", further limiting women's already precarious access to, and control over, land and other natural resources. The e-consultation in Eastern and Central Europe highlighted the importance of recognizing intersectional discrimination as it affects certain groups of women, in particular vis-à-vis the segregation of Roma communities. In the Middle East and North Africa, lack of law enforcement; conflict and occupation; and discrimination against minorities all negatively impact women's right to adequate housing. In Western Europe and North America, key issues highlighted included inadequate supply of public housing and lack of government assistance for housing; lack of affordable housing; domestic violence; and discrimination against women on public assistance, women with disabilities, and women belonging to racial/ethnic minorities, including Indigenous women. And in Latin America, where the e-consultation highlighted many of the issues already mentioned - including discrimination in matters related to housing against indigenous and Afro-descendant women, lack of access to justice, and domestic violence - participants also highlighted the need for better statistical information related to women and housing, as well as the urgent need to close the implementation gap between policy and practice.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Equality & Inclusion
- Gender
- Person(s) affected
- Ethnic minorities
- Women
- Year
- 2012
Paragraph
Women and their right to adequate housing 2012, para. 30
- Paragraph text
- Each of these advancements in law and policy represents an important achievement which ought to be celebrated. Yet, women throughout the world continue to face entrenched de jure and de facto barriers to the realization and enjoyment of this right. When it comes to women's right to adequate housing, much more needs to be done to ensure the effective domestication of human rights standards and the harmonization of national legislative frameworks with those international standards. In addition, the conceptual tensions which exist between "progressive realization" on the one hand (which is applicable to the achievement of substantive rights contained within the International Covenant on Economic, Social and Cultural Rights versus the immediate obligation of States to ensure that women enjoy their rights to non-discrimination and equality on the other (as guaranteed under both the Covenant and the Convention on the Elimination of All Forms of Discrimination against Women, as well as other relevant treaties) must be addressed.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Women
- Year
- 2012
Paragraph
Women and their right to adequate housing 2012, para. 31
- Paragraph text
- It is clear that the legal and policy barriers to women's enjoyment of their right to adequate housing must be removed, and replaced by laws, policies and programming which take a focused and proactive approach. Legislative and policy measures must be put in place at national and regional levels explicitly prioritizing women's right to adequate housing. In order to assist States and other relevant actors in the development of gender-sensitive housing law, policy, and programming, the Special Rapporteur takes this opportunity to provide some guidance on a gender perspective on the elements of the right to adequate housing, through a gendered lens.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2012
Paragraph
Women and their right to adequate housing 2012, para. 37
- Paragraph text
- Housing law, policy and programmes should also ensure that women have the legal literacy and legal resources needed to effectively claim and enforce their rights within the context of eviction. Women must "have the right to relevant information, full consultation and participation throughout the entire [evictions] process, and to propose alternatives that authorities should duly consider" and in the event of eviction "[w]omen and men must be co-beneficiaries of all compensation packages. Single women and widows should be entitled to their own compensation."
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Men
- Women
- Year
- 2012
Paragraph
Women and their right to adequate housing 2012, para. 38
- Paragraph text
- Adequate housing requires availability of services, materials, facilities and infrastructure, including access to water and sanitation; heating, cooling, and lighting; energy; washing facilities; food storage and refuse disposal; as well as emergency services. Taking into account women's perspectives on these issues is vital given the fact that women tend to spend more time at home, and are often disproportionately burdened with household chores which depend directly on the availability of such services, materials, facilities and infrastructure. There are interesting precedents for this type of gender-sensitive planning, as in the housing project Frauen-Werk-Stadt developed by the City of Vienna. This housing project received international acclaim for being a "housing project for and by women" and was designated a best practice for urban settlements by UN-Habitat and UNESCO.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Water & Sanitation
- Person(s) affected
- Women
- Year
- 2012
Paragraph
Women and their right to adequate housing 2012, para. 58
- Paragraph text
- Women must also be made aware of their right to adequate housing, both as it is recognized under domestic legislation as well as under the international human rights framework. This right should be actively promoted so as to ensure that women know what it entails in all aspects. However, it is also important to go beyond "rights awareness" so that women are actually able to know and understand what services are available locally to assist them in claiming their rights and holding actors accountable for violations of these rights. With the foundation of rights awareness, women must have a seat at the table of decision-making, so that they are able to effectively and meaningfully able to participate in all aspects related to the formulation, design and implementation of housing law, policy and programming.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Women
- Year
- 2012
Paragraph
Women and their right to adequate housing 2012, para. 59
- Paragraph text
- In order to ensure proper enforcement and implementation, it is also important for the legal system to be accessible to women and itself gender-sensitive, and that it is specifically enabled to protect women's right to adequate housing. In this regard, it is vital for women to have access to affordable or free legal aid which can assist them in seeking justice and enforcing their right to a remedy. Women must also be able, should they so choose, to file legal complaints against the State as well as private and third-party actors for gender-discrimination in housing and other violations of women's right to adequate housing, and to have those complaints decided by a fair and impartial tribunal.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Women
- Year
- 2012
Paragraph
Women and their right to adequate housing 2012, para. 49
- Paragraph text
- On the positive side, the design of housing itself can certainly encourage greater equality vis-à-vis enjoyment and use of domestic space. An example of new ways of thinking about domestic space from a gender perspective can be seen through the development of housing projects which seek to promote non-hierarchical and more flexible uses of the home. For example, creating personal workspaces inside the home can support women who are more likely to engage in home-based income-generating activities. Another interesting development which can be found in certain policies relates to the design of kitchens, a traditionally female space which is often cramped and separated. The design of housing from a gender-sensitive perspective can better promote family integration, as well as a more equitable sharing of household responsibilities between women and men through openness and shared use of spaces.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Person(s) affected
- Families
- Men
- Women
- Year
- 2012
Paragraph
Women and their right to adequate housing 2012, para. 52
- Paragraph text
- Culturally adequate housing allows for the expression of cultural diversity, yet too often women are excluded from being able to shape that cultural identity and to participate in traditional cultural decision-making structures. In order to ensure that women's voices and visions are reflected, women must be able to effectively participate in defining what adequate housing means to them within their particular context, and to ensure that housing addresses not only their practical, material needs, but also their needs vis-à-vis autonomy, equality and dignity. In order to achieve this, women must be seen as partners in the creation and interpretation of cultural norms related to housing and land. The Kenya Legal and Ethical Issues Network on HIV and AIDS (KELIN) has spearheaded innovative efforts specifically designed to utilize cultural structures to protect women's rights, including to adequate housing.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Women
- Year
- 2012
Paragraph
Reflection on work undertaken in first 14 years of the mandate; outline of opportunities and priorities 2014, para. 87
- Paragraph text
- The Special Rapporteur values and will continue to nurture the long-standing cooperation that the mandate holder has developed with civil society organizations, community organizations and regional and international networks around the world, notably those with a focus on the right to housing, women's housing and land rights, the "right to the city", economic, social and cultural rights and strategic litigation and, in general, organizations focused on the living conditions of people in situations of poverty or exclusion. She also wishes to consolidate channels of cooperation with tenant associations and with emerging movements and groups that will help to ensure that the mandate addresses housing rights issues as they arise. She hopes that the mandate will also give rise to new relationships, particularly through her missions and her participation in various forums, with constituencies that play an active role in the development of their communities, such as unions and community associations.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Women
- Year
- 2014
Paragraph
Centrality of the right to adequate housing for the development and implementation of the New Urban Agenda to be adopted at Habitat III in October 2016 2015, para. 49
- Paragraph text
- In some situations, children and youth, including lesbian, gay, bisexual, transgender and intersex youth, and women can be vulnerable to violence, requiring access to safe housing and basic services if they are to thrive in the urban context. These groups are often forced into homelessness by sexual and other violence, socioeconomic deprivation, and religious and cultural intolerance within their homes or communities. A sound housing structure does not guarantee safety within housing for these vulnerable groups. When women, children and youth leave their homes, they require both short- and long-term support to secure adequate housing, as they often lack the means to secure housing themselves. In this regard, diverse, culturally appropriate options must be made available.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Person(s) affected
- Children
- LGBTQI+
- Women
- Youth
- Year
- 2015
Paragraph
The right to adequate housing of persons with disabilities 2017, para. 31
- Original document
- Paragraph text
- Conflict and displacement also give rise to increased numbers of persons with disabilities. In Lebanon, the Syrian Arab Republic and the Gaza Strip, for example, conflict has contributed to high numbers of persons with disabilities. At the same time, in each of those places, adequate, accessible housing is extremely scarce, with housing stock having been destroyed and a lack of access or specific policies blocking access to the materials and resources necessary to rebuild homes. In refugee camps, poorly lit and remotely located latrines can lead to difficult access and experiences of sexual violence for women with disabilities, while crowded, narrow walkways can result in persons with visual impairments falling into open sewers.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Person(s) affected
- Persons on the move
- Persons with disabilities
- Women
- Year
- 2017
Paragraph
Women and their right to adequate housing 2012, para. 53
- Paragraph text
- Legislation and gender-sensitive housing law, policy and programming are only the first step. Even where good laws and policies are in place, an important challenge remains in translating them fully into practice. Unfortunately, in terms of implementation, progress has remained slow. Indeed, during the consultation process for this report, it became clear that even in places where good laws exist, discriminatory social and customary norms continue to hinder the enjoyment of women's right to adequate housing.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Person(s) affected
- Women
- Year
- 2012
Paragraph
Women and their right to adequate housing 2012, para. 56
- Paragraph text
- With these gaps in mind, awareness-raising programmes and campaigns aimed at the general public ought to be launched, so as to challenge discriminatory attitudes which may be widely shared. Such programmes and campaigns should actively promote women's equality in all matters related to housing and land and combat these discriminatory attitudes within the broader society, which should be addressed through media campaigns, public education and outreach, and discussion of these issues within public forums.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Women
- Year
- 2012
Paragraph
Post conflict and post disaster reconstruction and the right to adequate housing 2011, para. 62
- Paragraph text
- A rapid assessment and analysis of pre-existing tenure and property rights systems should be conducted in the immediate aftermath of a disaster or conflict. The aims of this assessment should be: (1) to guide on urgent steps to be taken to protect the right to adequate housing and tenure security of all, but particularly the poorer and marginalized members of society; (2) to identify areas of opportunity where, with the presence and support of bilateral and multilateral international agencies, opportunities could arise for improvement and innovation (for example securing of previously unavailable housing-related rights and entitlements for women); (3) to identify and warn against risk areas where poorly informed actions would result in further housing rights violations. This rapid assessment should be an essential step towards the formulation of a more detailed and comprehensive land management, allocation and registration strategy for sustainable rehabilitation and reconstruction.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Social & Cultural Rights
- Person(s) affected
- Women
- Year
- 2011
Paragraph
Women and their right to adequate housing 2012, para. 5
- Paragraph text
- The focus on women and the right to adequate housing is not a new topic for the mandate of the Special Rapporteur. Indeed, significant work on women's right to adequate housing was done under the mandate of the Special Rapporteur between 2002 and 2006. The 2006 report on women and the right to adequate housing of the then Special Rapporteur offered the main findings stemming from an important body of thematic research, country missions, regional civil society consultations and information received from Governments and other actors on the status and implementation of this right.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Women
- Year
- 2012
Paragraph
Women and their right to adequate housing 2012, para. 6
- Paragraph text
- During that period, regional civil society consultations were held with support from the Office of the High Commissioner for Human Rights, United Nations agencies, and non-governmental organizations. Those regional consultations highlighted key issues related to women's right to adequate housing, most of which remain relevant today, including women's right to adequate housing and access to land in the context of HIV/AIDS; violence against women and its relationship to housing; the impact of forced evictions on women; gender discrimination in law, custom and practice related to housing (including discriminatory practices with respect to property and inheritance); as well as intersectional discrimination.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Women
- Year
- 2012
Paragraph
Women and their right to adequate housing 2012, para. 7
- Paragraph text
- Those consultations brought to light the specific difficulties that women, in every region, have to face in accessing housing and land. And, to make matters worse, far from being a place of safety and security, the home is too often permeated by violence. Women, those consultations highlighted, were likely to experience physical and sexual assault within the context of forced evictions. They also face insecurity and abuse within their own communities, including domestic violence. While the home should be a place of security, dignity, peace, and equality, for millions of women around the world the right to adequate housing has gone unfulfilled and unrealized.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Violence
- Person(s) affected
- Women
- Year
- 2012
Paragraph
Women and their right to adequate housing 2012, para. 10
- Paragraph text
- The e-consultation harnessed the participation of approximately 300 organizations, networks, social movements, grassroots groups, advocates, academics, affected women, experts and others from across the world. While many of the issues documented by the earlier reports of the mandate remain relevant today, it is also clear that new challenges have emerged which threaten to turn back the clock for women and their right to adequate housing. At the same time, it is also clear that some notable advances, mainly in the field of new national legislation on women and housing, have occurred in different regions.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2012
Paragraph
Women and their right to adequate housing 2012, para. 17
- Paragraph text
- Urgent progress must be made if women are to see improvements in their actual housing situations. However, what we have seen is far from what is required. In fact, within the context of the global financial crisis there has been a worrying move away from human rights standards, such as those requiring allocation of the maximum of available resources towards the realization of the right to adequate housing, or prioritizing marginalized women in all matters related to housing law, policy and programming. Rather, the trend has been towards increased privatization and further deregulation of the housing market, a move which leaves millions of women at the periphery, unable to access adequate housing. This situation not only perpetuates women's poverty, it also reinforces women's second-class status and gender inequality itself.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Person(s) affected
- Women
- Year
- 2012
Paragraph
Women and their right to adequate housing 2012, para. 18
- Paragraph text
- While the financial crisis looms heavy, it is important to recognize that some significant legal, policy and judicial progress has been achieved in recent years which increasingly recognizes and protects women's right to adequate housing. This section highlights some of the recent successes in the fight for women's equal right to adequate housing, including on issues related to inheritance, divorce, land and property at international, regional and national levels. While not meant to be a comprehensive account of all of the advancements that have been made, each of the laws, policies, frameworks, decisions and/or judicial decisions highlighted below has had positive attributes from the standpoint of women's right to adequate housing, as well as their right to equality.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2012
Paragraph
Women and their right to adequate housing 2012, para. 19
- Paragraph text
- At the international level, the newly created UN-Women, the United Nations Entity for Gender Equality and the Empowerment of Women, has incorporated a specific goal on increasing women's access to economic empowerment and opportunities. This focus seeks, inter alia, to promote the adoption and implementation of laws and policies that expand women's economic assets and security, including laws and policies to guarantee equal access to land and property. In addition, the recently created Working Group on the issue of discrimination against women in law and practice has been tasked by the Human Rights Council with promoting and exchanging views on best practices related to the elimination of laws that discriminate against women or are discriminatory to women in terms of implementation or impact. Doing so will contribute to ending gender discrimination in all parts of the world, as well as to ending systemic violations of women's right to adequate housing.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Person(s) affected
- Women
- Year
- 2012
Paragraph
Women and their right to adequate housing 2012, para. 20
- Paragraph text
- In addition, the most recent concluding observations adopted by the Committee on the Elimination of Discrimination against Women on Israel for the first time made explicit reference to women's "right to adequate housing." In those concluding observations, the Committee also for the first time made explicit reference to the practice of "forced evictions", urging Israel to "revoke its policies allowing for and refrain from the practice of forced eviction and house demolitions, which negatively impact on the physical and psychological well-being as well as the development and advancement of Palestinian and Israeli Arab women." These recommendations help to conceptually link the contents of general comments 4 (1991) on the right to adequate housing and 7 (1997) on forced evictions of the Committee on Economic, Social and Cultural Rights to the non-discrimination and equality protections guaranteed under the Covenant.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Women
- Year
- 2012
Paragraph
Women and their right to adequate housing 2012, para. 23
- Paragraph text
- Women's right to adequate housing is often denied or ignored within the broader context of family and marriage law. Equality in matters of inheritance is often denied for women and girls on the basis of custom and tradition, whether within the context of the death of a spouse, parent or other relative. This has important ramifications, as inheritance is a primary means by which wealth and resources are transferred within societies, as well as within families. To be excluded from the process of inheritance reinforces women's lack of autonomy and equality, and jeopardizes in a very direct way their right to adequate housing.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Families
- Girls
- Women
- Year
- 2012
Paragraph
Women and their right to adequate housing 2012, para. 25
- Paragraph text
- In applying the law, the courts also have a critical role to play. In Kenya, recent judicial decisions referencing the Convention on the Elimination of All Forms of Discrimination against Women have put to rest the persistent conflict between customary legal systems which deny women inheritance of family property on the one hand, and the guarantee of gender equality under the Kenyan Constitution on the other. In the Ntutu case (2008), for example, the Kenyan High Court heard arguments by the sons of the deceased that "Masai customary law of succession … does not recognize the rights of the daughters to inherit the estate of their fathers." Here, the Court applied international human rights law, international covenants and treaties which have been ratified by Kenya, and noted the previous decision of Rono vs. Rono. The Court found "the customary law which shall abrogate the right of daughters to inherit the estate of a father cannot be applicable as it shall be repugnant to justice and morality," and upheld the right of the daughters to inherit equally from the assets of the estate.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Families
- Women
- Year
- 2012
Paragraph
Women and their right to adequate housing 2012, para. 46
- Paragraph text
- As such, when seeking to define affordability, it is important to take into account the gender disparity in income and access to financial resources, and to prioritize the allocation of social or public housing to those who are unable to meet the cost of housing, often women. Within the context of increased privatization of social services, it is also vital that the cost of housing itself be defined to include costs associated with realizing the right to adequate housing, including vis-à-vis rights to water and sanitation, energy supply, etc. Within the framework of housing law, policy and programming, women's access to the financial resources needed to obtain adequate housing - including loans, credits, and/or vouchers, etc. - ought to be reflected.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Water & Sanitation
- Person(s) affected
- Women
- Year
- 2012
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