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Integrating a gender perspective in the right to food 2016, para. 25
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- 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.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Integrating a gender perspective in the right to food 2016, para. 24
- Paragraph text
- 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."
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Social & Cultural Rights
- Person(s) affected
- Families
- Men
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Access to justice and the right to food: the way forward 2015, para. 19
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- Judicial protection of land as a source of livelihood can be seen in judgments by the Constitutional Court of Colombia. One such significant case involves the community of Las Pavas, whose members occupied unused land in 1997 and began farming activities to feed themselves. Over the years, the community had been repeatedly subjected to various forms of intimidation and harassment, including attacks by paramilitary groups and the destruction of crops and food. A formal eviction order was issued in 2009 at the request of two private companies, who claimed ownership of the land. In 2011, the Colombian Constitutional Court delivered its judgment, finding that the actions leading to the eviction of the families of Las Pavas were unlawful and violated the right to a dignified existence, among other rights.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Social & Cultural Rights
- Person(s) affected
- Families
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Women’s right and the right to food 2013, para. 43
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- 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.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Person(s) affected
- Families
- Men
- Women
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Women’s right and the right to food 2013, para. 32
- Paragraph text
- 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.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Families
- Women
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Human rights criteria for making contract farming and other business models inclusive of small-scale farmers 2011, para. 19
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- More generally, contract farming can lead to a loss of control over production, including which crops to produce and how to produce them. Contract farming can thus cause farmers to become essentially wage-earning agricultural labourers on their own land, but without the benefits associated with paid labour, such as minimum wages, sick leave and other legislated benefits. Contracted small farmers are then seen by the buyer as labour market intermediaries. This is particularly clear after plantations are broken up by owners to create small-scale farms, possibly to break the power of unions or divest firms of their responsibilities, with negative effects on former labourers. Seen in this light, contract farming raises a number of questions that concern the right to work and the conditions of employment on family farms. Contract farmers often rely on family labour to fulfil work requirements. While this may be seen as leading to greater employment opportunities, it often simply results in more family members working without pay because that may be the only way to cut costs and to make the contractual arrangement profitable. In such contexts, child labour can become a problem in contract farming arrangements. Article 10 of the International Covenant on Social and Cultural Rights and article 32 of the Convention on the Rights of the Child impose on States the obligation to protect children and young persons from economic and social exploitation and to punish their employment in work that is likely to be hazardous or to interfere with the child's education or to be harmful to the child's health or physical, spiritual, moral or social development. States must adopt effective measures to ensure that the prohibition of child labour is fully respected (see E/C.12/GC/18, para. 24). It is also relevant to note that in accordance with article 9 of the Covenant, States must guarantee the right to social security, which must also be accessible to independent producers (see E/C.12/GC/19).
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
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