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Title | Date added | Template | Original document | Paragraph text | Body | Document type | Thematics | Topic(s) | Person(s) affected | Year |
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Integrating a gender perspective in the right to food 2016, para. 26 | Aug 19, 2019 | Paragraph | When land is purchased during a marriage, women may lack equitable ownership. Societies with customary law often exclude joint ownership based on the belief that women are not capable of owning land. In market economies, when societal norms have recognized community property between spouses, joint ownership of property acquired during marriage is commonly accepted but patriarchal norms can still result in elusive recognition of gender-equal property rights. | Special Rapporteur on the right to food | Special Procedures' report |
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| 2016 | ||
Human rights criteria for making contract farming and other business models inclusive of small-scale farmers 2011, para. 28 | Aug 19, 2019 | Paragraph | Contracts should be put in the woman's name where it is expected that the woman would be the main person working on the farm, or, in the case of a couple, in the names of both parties. It should not automatically be in the name of the male head of household or the male holder of the title to the land cultivated | Special Rapporteur on the right to food | Special Procedures' report |
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| 2011 | ||
Integrating a gender perspective in the right to food 2016, para. 30 | Aug 19, 2019 | Paragraph | State action can also be a source of discriminatory land distribution. A state may engage in land redistribution through various measures, including land reform, large scale appropriation, and privatization programs. At times, land distribution intended to benefit marginalized groups only benefits male heads of household. Recent land reform programs have tried to address this inequity by specifically allocating land to women, or acknowledging joint property rights. However, many countries still come up short, even when gender equality is explicitly articulated as a policy objective in such programs. This has also been true for States' response to large-scale resettlements in the face of development projects. | Special Rapporteur on the right to food | Special Procedures' report |
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| 2016 | ||
Integrating a gender perspective in the right to food 2016, para. 25 | Aug 19, 2019 | Paragraph | For married women, the death of a husband does not guarantee her ownership rights of the decedent's property. In Uganda for example, a co-ownership clause was added to the Land Act of 1998, which technically vested the land title in both the husband and wife; however, upon the death of the husband, any .children of the marriage are legally allowed to take land from the mother. Similarly, among the Hmong and Khmu, the largest ethnic groups in Lao PDR, women are primarily considered as guardians of their children's inheritance rather than heirs in their own right and additionally single women are prohibited from living independently. | Special Rapporteur on the right to food | Special Procedures' report |
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| 2016 | ||
Integrating a gender perspective in the right to food 2016, para. 24 | Aug 19, 2019 | Paragraph | Inheritance is often the main avenue for women's land acquisition, yet women are still less likely to inherit land than men. Inheritance is often determined through marriage practices. Through patri-linearism, which is the most common societal system, sons, rather than daughters, inherit land from their fathers. Even where bilateral inheritance practices exist, communities may favor customary patrilineal practices. This is so in the case of the Mossi community in Burkina Faso "where despite the fact that the majority of families are Muslim, meaning that in theory daughters inherit land, this practice is not observed." | Special Rapporteur on the right to food | Special Procedures' report |
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| 2016 | ||
Integrating a gender perspective in the right to food 2016, para. 10 | Aug 19, 2019 | Paragraph | Social segregation based on gender, when combined with other forms of discrimination based on religion, race, ethnicity, class and caste, disadvantages women even further. | Special Rapporteur on the right to food | Special Procedures' report |
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| 2016 | ||
Vision of the mandate 2014, para. 35 | Aug 19, 2019 | Paragraph | States must recognize the need to accommodate the specific time and mobility constraints on women, given their role in the "care" economy, while at the same time reconstituting gender roles by adopting a transformative approach to employment and social protection (see A/HRC/22/50). The Special Rapporteur will endeavour to promote greater awareness of the guidance provided by general comments No. 16 (2005) on the equal right of men and women to the enjoyment of all economic, social and cultural rights and No. 20 (2009) on non-discrimination in economic, social and cultural rights of the Committee on Economic Social and Cultural Rights, which relate to discriminatory practices against women. | Special Rapporteur on the right to food | Special Procedures' report |
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| 2014 | ||
Vision of the mandate 2014, para. 9 | Aug 19, 2019 | Paragraph | At the international level, the right to food is recognized as a distinct and fundamental right in a number of international instruments. It was recognized in article 25 of the Universal Declaration of Human Rights and reaffirmed in the International Covenant on Economic, Social and Cultural Rights (article 11) and, through the right to life, in the International Covenant on Civil and Political Rights. It is also conferred in article 3 of the United Nations Declaration on the Rights of Indigenous Peoples. It is further recognized in the Convention on the Rights of the Child (articles 3, 24, para. 2 (c), and 27), the Convention on the Elimination of All Forms of Discrimination against Women (articles 12, para. 2, and 14) the International Convention on the Elimination of All Forms of Racial Discrimination (article 5 (e)) and the Convention on the Rights of Persons with Disabilities (articles 25 (f) and 28, para. 1). | Special Rapporteur on the right to food | Special Procedures' report |
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| 2014 | ||
Women’s right and the right to food 2013, para. 43 | Aug 19, 2019 | Paragraph | Such transformative approach is clearly required under human rights law. The Convention on the Elimination of All Forms of Discrimination against Women affirms that "a change in the traditional role of men as well as the role of women in society and in the family is needed to achieve full equality between men and women" (preamble, 14th para). Accordingly, States Parties shall seek, inter alia, to "modify the social and cultural patterns of conduct of men and women", and to promote the "recognition of the common responsibility of men and women in the upbringing and development of their children" (art. 5 (a). In reference to this provision, the Committee on the Elimination of Discrimination against Women has urged States to combat patriarchal attitudes and stereotypes regarding the roles and responsibilities of women and men within the family and society at large (women being considered as having the primary responsibility for child-rearing and domestic tasks, and men being considered the main breadwinners) and to reject the concept that assigns the role of "head of the household" to men. | Special Rapporteur on the right to food | Special Procedures' report |
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| 2013 | ||
Women’s right and the right to food 2013, para. 42 | Aug 19, 2019 | Paragraph | A second requirement is achieving the right combination of measures that recognize the specific obstacles women face (particularly time poverty and restricted mobility resulting from their role in the "care" economy), and measures that seek to transform the existing gender division of roles by redistributing tasks both within the household and in other spheres. As long as we simply recognize the role of women in the "care" economy by accommodating their specific needs, the existing division of roles within the household and associated gender stereotypes will remain in place, and could even be reinforced. Redistributing roles and challenging the associated gender stereotypes require a transformative approach, whereby the support provided to women not only recognizes their specific needs, but seen provides the opportunity to question existing social and cultural norms. | Special Rapporteur on the right to food | Special Procedures' report |
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| 2013 | ||
Women’s right and the right to food 2013, para. 32 | Aug 19, 2019 | Paragraph | Women face multiple forms of discrimination in accessing land. As regards land that is inherited, laws in many countries still discriminate against women, and even when the discriminatory elements are removed, the laws are often circumvented under the pressure of social and cultural norms. For instance, where a sister could inherit land on an equal basis with her brothers, she may accept a lump-sum payment in lieu of her portion of the land in order to maintain good relations with her brothers. As regards land that is acquired during marriage, in a number of regions, particularly in South Asia, a separation of property regime is applied, according to which assets brought into the marriage or acquired during marriage remain the individual property of the spouse who acquired said assets from his or her personal funds. But this leads to deeply inequitable outcomes, as it does not recognize the important non-monetary contribution that women make to the household by looking after the house, child-rearing, caring for the elderly, or various other chores. | Special Rapporteur on the right to food | Special Procedures' report |
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| 2013 | ||
Women’s right and the right to food 2013, para. 31 | Aug 19, 2019 | Paragraph | Access to land is key in this regard. In an earlier report (A/65/281), the Special Rapporteur discussed the vital role of access to land for small-scale agricultural producers, and the importance of addressing the discrimination women face in that regard. The right of women to have equal access to land is explicitly addressed by the Convention on the Elimination of All Forms of Discrimination against Women and in numerous Human Rights Council and General Assembly resolutions on the right to food. At the 2010 High-level Plenary Meeting of the General Assembly on the Millennium Development Goals, Heads of State and Government also committed to promoting and protecting women's equal access to property and to land, as well as to productive resources. Indeed, land is more than an economic asset that women should be allowed to use productively. It is also a means of empowerment, as the greater economic independence that results from land ownership enhances the woman's role in decision-making and allows her to garner more social, family and community support. | Special Rapporteur on the right to food | Special Procedures' report |
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| 2013 | ||
Access to land and the right to food 2010, para. 31 | Aug 19, 2019 | Paragraph | Finally, land reform may be seen as an opportunity to strengthen access to land for women, particularly single women and widows. Article 14, paragraph 2 (g), of the Convention on the Elimination of All Forms of Discrimination against Women guarantees the right of women to equal treatment in land and agrarian reform as well as in land resettlement schemes. However, there remain laws and social customs such as those ensuring that the land of a deceased husband belongs to his sons, not to his widow, despite the flagrant violation of women's rights to which this leads. As a result, women still represent a significant minority of the total number of title-holders, as illustrated by the statistics set out in figure II. | Special Rapporteur on the right to food | Special Procedures' report |
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| 2010 | ||
Access to land and the right to food 2010, para. 24 | Aug 19, 2019 | Paragraph | True legal empowerment of the poor, then, should be seen as including the following: (a) a protection from eviction; (b) the provision of tools (legal aid, legal literacy training, paralegals) to ensure that formally recognized rights can be effectively defended; (c) support for land users in their utilization of the land; and (d) strengthening of the capacity of land administrations and efforts to combat corruption in those administrations. Individual titling schemes should be encouraged only where they can be combined with the codification of users' rights based on custom, and where the conditions have been created to ensure that the establishment of a land rights market will not lead to further land concentration. Customary forms of tenure, which are often perceived as highly legitimate, should be recognized although it is important that such systems be carefully scrutinized and, if necessary, amended, to bring them into line with women's rights, the use rights of those who depend on commons and the rights of the most vulnerable members of the community. | Special Rapporteur on the right to food | Special Procedures' report |
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| 2010 | ||
Access to land and the right to food 2010, para. 22 | Aug 19, 2019 | Paragraph | A number of countries, particularly in Africa, have extended formal legal recognition to existing customary rights, including collective rights, as an alternative to individual titling. Typically, neither individual members of households nor communities, through their representatives, can dispose of their land, for example, by selling it. Yet, the formal legal recognition of customary rights provides effective security. It favours long-term investments in the land. It may also facilitate access to credit, since creditors (although they will not be able to take possession of the land in the event of default) can be assured of the long-term viability of the investments that they help to finance. And it allows for the emergence of rental markets, which can improve access to land, particularly for land-scarce and labour-abundant households with little education. At the same time, there is a high risk that traditional, patriarchal forms of land distribution will be further legitimized through the recognition of customary forms of tenure, in violation of women's rights. Such risks should be addressed through the inclusion of strict safeguards in the process of such recognition. | Special Rapporteur on the right to food | Special Procedures' report |
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| 2010 | ||
Access to land and the right to food 2010, para. 17 | Aug 19, 2019 | Paragraph | The effort to transplant the Western concept of property rights has created a number of problems, however. Unless it is transparent and carefully monitored, the titling process itself may be appropriated by local elites or foreign investors, with the complicity of corrupt officials. In addition, if it is based on the recognition of formal ownership, rather than on land users' rights, the titling process may confirm the unequal distribution of land, resulting in practice in a counter-agrarian reform. In particular, this will be the case in countries in which a small landed elite owns most of the available land, having benefited from the unequal agrarian structure of the colonial era. There is also a risk that titling will favour men. Any measures aimed at improving security of tenure should instead seek to correct existing imbalances, as the Land Management and Administration Project in Cambodia does. | Special Rapporteur on the right to food | Special Procedures' report |
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| 2010 |
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