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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.
- 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. 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.
- 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. 64
- Paragraph text
- States should also amend or repeal domestic legislation related to family and marriage which discriminates against women, so as to ensure that women and men have equal powers in all matters related to housing and land. Seemingly gender-neutral concepts or standards which discriminate against women in practice - such as the application of the "head of the household" concept - should similarly be rescinded.
- 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
- Families
- Men
- Women
- Year
- 2012
Paragraph
3 shown of 3 entities