Right to development |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
23
Indigenous peoples have the right to determine and develop priorities and strategies for exercising their right to development. In particular, indigenous peoples have the right to be actively involved in developing and determining health, housing and other economic and social programmes affecting them and, as far as possible, to administer such programmes through their own institutions.
|
Legal recognition and allocation of tenure rights and duties
9. Indigenous peoples and other communities with customary tenure systems |
9.9
States and other parties should hold good faith consultation with indigenous peoples before initiating any project or before adopting and implementing legislative or administrative measures affecting the resources for which the communities hold rights. Such projects should be based on an effective and meaningful consultation with indigenous peoples, through their own representative institutions in order to obtain their free, prior and informed consent under the United Nations Declaration of Rights of Indigenous Peoples and with due regard for particular positions and understandings of individual States. Consultation and decision-making processes should be organized without intimidation and be conducted in a climate of trust.
The principles of consultation and participation, as set out in paragraph 3B.6, should be applied in the case of other communities described in this section.
|
Right to development |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
32
1. Indigenous peoples have the right to determine and develop priorities and strategies for the development or use of their lands or territories and other resources. 2. States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free and informed consent prior to the approval of any project affecting their lands or territories and other resources, particularly in connection with the development, utilization or exploitation of mineral, water or other resources. 3. States shall provide effective mechanisms for just and fair redress for any such activities, and appropriate measures shall be taken to mitigate adverse environmental, economic, social, cultural or spiritual impact.
|
Legal recognition and allocation of tenure rights and duties
9. Indigenous peoples and other communities with customary tenure systems |
9.9
States and other parties should hold good faith consultation with indigenous peoples before initiating any project or before adopting and implementing legislative or administrative measures affecting the resources for which the communities hold rights. Such projects should be based on an effective and meaningful consultation with indigenous peoples, through their own representative institutions in order to obtain their free, prior and informed consent under the United Nations Declaration of Rights of Indigenous Peoples and with due regard for particular positions and understandings of individual States. Consultation and decision-making processes should be organized without intimidation and be conducted in a climate of trust.
The principles of consultation and participation, as set out in paragraph 3B.6, should be applied in the case of other communities described in this section.
|
Right to development |
ILO C169
Indigenous and Tribal Peoples Convention, 1989 (no.169) – ILO 169 |
7.1
The peoples concerned shall have the right to decide their own priorities for the process of development as it affects their lives, beliefs, institutions and spiritual well-being and the lands they occupy or otherwise use, and to exercise control, to the extent possible, over their own economic, social and cultural development. In addition, they shall participate in the formulation, implementation and evaluation of plans and programmes for national and regional development which may affect them directly.
|
Legal recognition and allocation of tenure rights and duties
9. Indigenous peoples and other communities with customary tenure systems |
9.9
States and other parties should hold good faith consultation with indigenous peoples before initiating any project or before adopting and implementing legislative or administrative measures affecting the resources for which the communities hold rights. Such projects should be based on an effective and meaningful consultation with indigenous peoples, through their own representative institutions in order to obtain their free, prior and informed consent under the United Nations Declaration of Rights of Indigenous Peoples and with due regard for particular positions and understandings of individual States. Consultation and decision-making processes should be organized without intimidation and be conducted in a climate of trust.
The principles of consultation and participation, as set out in paragraph 3B.6, should be applied in the case of other communities described in this section.
|
Right to development |
Escazu Agreement
Regional Agreement on Access to Information, Public Participation and Justice in Environmental Matters in Latin America and the Caribbean |
1
The objective of the present Agreement is to guarantee the full and effective implementation in Latin America and the Caribbean of the rights of access to environmental information, public participation in the environmental decision-making process and access to justice in environmental matters, and the creation and strengthening of capacities and cooperation, contributing to the protection of the right of every person of present and future generations to live in a healthy environment and to sustainable development.
|
Legal recognition and allocation of tenure rights and duties
9. Indigenous peoples and other communities with customary tenure systems |
9.9
States and other parties should hold good faith consultation with indigenous peoples before initiating any project or before adopting and implementing legislative or administrative measures affecting the resources for which the communities hold rights. Such projects should be based on an effective and meaningful consultation with indigenous peoples, through their own representative institutions in order to obtain their free, prior and informed consent under the United Nations Declaration of Rights of Indigenous Peoples and with due regard for particular positions and understandings of individual States. Consultation and decision-making processes should be organized without intimidation and be conducted in a climate of trust.
The principles of consultation and participation, as set out in paragraph 3B.6, should be applied in the case of other communities described in this section.
|
Right to development |
ACHPR
African Charter on Human and Peoples' Rights |
22
All peoples shall have the right to their economic, social and cultural development with due regard to their freedom and identity and in the equal enjoyment of the common heritage of mankind.
States shall have the duty, individually or collectively, to ensure the exercise of the right to development.
|
Legal recognition and allocation of tenure rights and duties
9. Indigenous peoples and other communities with customary tenure systems |
9.9
States and other parties should hold good faith consultation with indigenous peoples before initiating any project or before adopting and implementing legislative or administrative measures affecting the resources for which the communities hold rights. Such projects should be based on an effective and meaningful consultation with indigenous peoples, through their own representative institutions in order to obtain their free, prior and informed consent under the United Nations Declaration of Rights of Indigenous Peoples and with due regard for particular positions and understandings of individual States. Consultation and decision-making processes should be organized without intimidation and be conducted in a climate of trust.
The principles of consultation and participation, as set out in paragraph 3B.6, should be applied in the case of other communities described in this section.
|
Right to development |
ACHPR
African Charter on Human and Peoples' Rights |
24
All peoples shall have the right to a general satisfactory environment favourable to their development.
|
Legal recognition and allocation of tenure rights and duties
9. Indigenous peoples and other communities with customary tenure systems |
9.9
States and other parties should hold good faith consultation with indigenous peoples before initiating any project or before adopting and implementing legislative or administrative measures affecting the resources for which the communities hold rights. Such projects should be based on an effective and meaningful consultation with indigenous peoples, through their own representative institutions in order to obtain their free, prior and informed consent under the United Nations Declaration of Rights of Indigenous Peoples and with due regard for particular positions and understandings of individual States. Consultation and decision-making processes should be organized without intimidation and be conducted in a climate of trust.
The principles of consultation and participation, as set out in paragraph 3B.6, should be applied in the case of other communities described in this section.
|
Right to development |
Maputo Protocol
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa |
XIX
Women shall have the right to fully enjoy their right to sustainable development. In this connection, the States Parties shall take all appropriate measures to:
a) Introduce the gender perspective in the national development planning procedures;
b) Ensure participation of women at all levels in the conceptualisation, decision-making, implementation and evaluation of development policies and programmes;
c) Promote women’s access to and control over productive resources such as land and guarantee their right to property;
d) Promote women’s access to credit, training, skills development and extension services at rural and urban levels in order to provide women with a higher quality of life and reduce the level of poverty among women;
e) Take into account indicators of human development specifically relating to women in the elaboration of development policies and programmes; and
f) Ensure that the negative effects of globalisation and any adverse effects of the implementation of trade and economic policies and programmes are reduced to the minimum for women.
|
Legal recognition and allocation of tenure rights and duties
9. Indigenous peoples and other communities with customary tenure systems |
9.9
States and other parties should hold good faith consultation with indigenous peoples before initiating any project or before adopting and implementing legislative or administrative measures affecting the resources for which the communities hold rights. Such projects should be based on an effective and meaningful consultation with indigenous peoples, through their own representative institutions in order to obtain their free, prior and informed consent under the United Nations Declaration of Rights of Indigenous Peoples and with due regard for particular positions and understandings of individual States. Consultation and decision-making processes should be organized without intimidation and be conducted in a climate of trust.
The principles of consultation and participation, as set out in paragraph 3B.6, should be applied in the case of other communities described in this section.
|
Right to development |
ADHR
ASEAN Declaration on Human Rights |
35
The right to development is an inalienable human right by virtue of which every human person and the peoples of ASEAN are entitled to participate in, contribute to, enjoy and benefit equitably and sustainably from economic, social, cultural and political development. The right to development should be fulfilled so as to meet equitably the developmental and environmental needs of present and future generations. While development facilitates and is necessary for the enjoyment of all human rights, the lack of development may not be invoked to justify the violations of internationally recognised human rights.
|
Legal recognition and allocation of tenure rights and duties
9. Indigenous peoples and other communities with customary tenure systems |
9.9
States and other parties should hold good faith consultation with indigenous peoples before initiating any project or before adopting and implementing legislative or administrative measures affecting the resources for which the communities hold rights. Such projects should be based on an effective and meaningful consultation with indigenous peoples, through their own representative institutions in order to obtain their free, prior and informed consent under the United Nations Declaration of Rights of Indigenous Peoples and with due regard for particular positions and understandings of individual States. Consultation and decision-making processes should be organized without intimidation and be conducted in a climate of trust.
The principles of consultation and participation, as set out in paragraph 3B.6, should be applied in the case of other communities described in this section.
|
Right to development |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
3.2
Peasants and other people working in rural areas have the right to determine and develop priorities and strategies to exercise their right to development.
|
Legal recognition and allocation of tenure rights and duties
9. Indigenous peoples and other communities with customary tenure systems |
9.9
States and other parties should hold good faith consultation with indigenous peoples before initiating any project or before adopting and implementing legislative or administrative measures affecting the resources for which the communities hold rights. Such projects should be based on an effective and meaningful consultation with indigenous peoples, through their own representative institutions in order to obtain their free, prior and informed consent under the United Nations Declaration of Rights of Indigenous Peoples and with due regard for particular positions and understandings of individual States. Consultation and decision-making processes should be organized without intimidation and be conducted in a climate of trust.
The principles of consultation and participation, as set out in paragraph 3B.6, should be applied in the case of other communities described in this section.
|
Right to equality before the law and equal protection of the law |
UDHR
Universal Declaration of human rights |
6
Everyone has the right to recognition everywhere as a person before the law
|
General matters
4. Rights and responsibilities related to tenure |
4.7
States should consider providing non-discriminatory and gender-sensitive assistance where people are unable through their own actions to acquire tenure rights to sustain themselves, to gain access to the services of implementing agencies and judicial authorities, or to participate in processes that could affect their tenure rights
|
Right to equality before the law and equal protection of the law |
UDHR
Universal Declaration of human rights |
6
Everyone has the right to recognition everywhere as a person before the law
|
Legal recognition and allocation of tenure rights and duties
10. Informal tenure |
10.3
Whenever States provide legal recognition to informal tenure, this should be done through participatory, gender-sensitive processes, having particular regard to tenants. In doing so, States should pay special attention to farmers and small-scale food producers. These processes should facilitate access to legalization services and minimize costs. State should strive to provide technical and legal support to communities and participants.
|
Right to equality before the law and equal protection of the law |
UDHR
Universal Declaration of human rights |
6
Everyone has the right to recognition everywhere as a person before the law
|
Administration of tenure
17. Records of tenure rights |
17.3
States should strive to ensure that everyone is able to record their tenure rights and obtain information without discrimination on any basis. Where
appropriate, implementing agencies, such as land registries, should establish service centres or mobile offices, having regard to accessibility by women, the poor and vulnerable groups. States should consider using locally-based professionals, such as lawyers, notaries, surveyors and social scientists to deliver information on tenure rights to the public
|
Right to equality before the law and equal protection of the law |
UDHR
Universal Declaration of human rights |
6
Everyone has the right to recognition everywhere as a person before the law
|
Administration of tenure
20. Regulated spatial planning |
20.2
States should develop through consultation and participation, and publicize, gender-sensitive policies and laws on regulated spatial planning. Where appropriate, formal planning systems should consider methods of planning and territorial development used by indigenous peoples and other communities with customary tenure systems, and decision-making
processes within those communities.
|
Right to equality before the law and equal protection of the law |
UDHR
Universal Declaration of human rights |
6
Everyone has the right to recognition everywhere as a person before the law
|
Responses to climate change and emergencies
25. Conflicts in respect to tenure of land, fisheries and forests |
25.6
Where restitution is not possible, the provision of secure access to alternative land, fisheries and forests and livelihoods for refugees and displaced persons should be negotiated with host communities and other
relevant parties to ensure that the resettlement does not jeopardize the livelihoods of others. Special procedures should, where possible, provide the vulnerable, including widows and orphans, with secure access to land,
fisheries and forests
|
Right to equality before the law and equal protection of the law |
UDHR
Universal Declaration of human rights |
7
All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.
|
General matters
4. Rights and responsibilities related to tenure |
4.7
States should consider providing non-discriminatory and gender-sensitive assistance where people are unable through their own actions to acquire tenure rights to sustain themselves, to gain access to the services of implementing agencies and judicial authorities, or to participate in processes that could affect their tenure rights
|
Right to equality before the law and equal protection of the law |
UDHR
Universal Declaration of human rights |
7
All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.
|
Legal recognition and allocation of tenure rights and duties
10. Informal tenure |
10.3
Whenever States provide legal recognition to informal tenure, this should be done through participatory, gender-sensitive processes, having particular regard to tenants. In doing so, States should pay special attention to farmers and small-scale food producers. These processes should facilitate access to legalization services and minimize costs. State should strive to provide technical and legal support to communities and participants.
|
Right to equality before the law and equal protection of the law |
UDHR
Universal Declaration of human rights |
7
All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.
|
Administration of tenure
17. Records of tenure rights |
17.3
States should strive to ensure that everyone is able to record their tenure rights and obtain information without discrimination on any basis. Where
appropriate, implementing agencies, such as land registries, should establish service centres or mobile offices, having regard to accessibility by women, the poor and vulnerable groups. States should consider using locally-based professionals, such as lawyers, notaries, surveyors and social scientists to deliver information on tenure rights to the public
|
Right to equality before the law and equal protection of the law |
UDHR
Universal Declaration of human rights |
7
All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.
|
Administration of tenure
20. Regulated spatial planning |
20.2
States should develop through consultation and participation, and publicize, gender-sensitive policies and laws on regulated spatial planning. Where appropriate, formal planning systems should consider methods of planning and territorial development used by indigenous peoples and other communities with customary tenure systems, and decision-making
processes within those communities.
|
Right to equality before the law and equal protection of the law |
UDHR
Universal Declaration of human rights |
7
All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.
|
Responses to climate change and emergencies
25. Conflicts in respect to tenure of land, fisheries and forests |
25.6
Where restitution is not possible, the provision of secure access to alternative land, fisheries and forests and livelihoods for refugees and displaced persons should be negotiated with host communities and other
relevant parties to ensure that the resettlement does not jeopardize the livelihoods of others. Special procedures should, where possible, provide the vulnerable, including widows and orphans, with secure access to land,
fisheries and forests
|
Right to equality before the law and equal protection of the law |
ICCPR
International Covenant on Civil and Political Rights |
26
All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
|
General matters
4. Rights and responsibilities related to tenure |
4.7
States should consider providing non-discriminatory and gender-sensitive assistance where people are unable through their own actions to acquire tenure rights to sustain themselves, to gain access to the services of implementing agencies and judicial authorities, or to participate in processes that could affect their tenure rights
|
Right to equality before the law and equal protection of the law |
ICCPR
International Covenant on Civil and Political Rights |
26
All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
|
Legal recognition and allocation of tenure rights and duties
10. Informal tenure |
10.3
Whenever States provide legal recognition to informal tenure, this should be done through participatory, gender-sensitive processes, having particular regard to tenants. In doing so, States should pay special attention to farmers and small-scale food producers. These processes should facilitate access to legalization services and minimize costs. State should strive to provide technical and legal support to communities and participants.
|
Right to equality before the law and equal protection of the law |
ICCPR
International Covenant on Civil and Political Rights |
26
All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
|
Administration of tenure
17. Records of tenure rights |
17.3
States should strive to ensure that everyone is able to record their tenure rights and obtain information without discrimination on any basis. Where
appropriate, implementing agencies, such as land registries, should establish service centres or mobile offices, having regard to accessibility by women, the poor and vulnerable groups. States should consider using locally-based professionals, such as lawyers, notaries, surveyors and social scientists to deliver information on tenure rights to the public
|
Right to equality before the law and equal protection of the law |
ICCPR
International Covenant on Civil and Political Rights |
26
All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
|
Administration of tenure
20. Regulated spatial planning |
20.2
States should develop through consultation and participation, and publicize, gender-sensitive policies and laws on regulated spatial planning. Where appropriate, formal planning systems should consider methods of planning and territorial development used by indigenous peoples and other communities with customary tenure systems, and decision-making
processes within those communities.
|
Right to equality before the law and equal protection of the law |
ICCPR
International Covenant on Civil and Political Rights |
26
All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
|
Responses to climate change and emergencies
25. Conflicts in respect to tenure of land, fisheries and forests |
25.6
Where restitution is not possible, the provision of secure access to alternative land, fisheries and forests and livelihoods for refugees and displaced persons should be negotiated with host communities and other
relevant parties to ensure that the resettlement does not jeopardize the livelihoods of others. Special procedures should, where possible, provide the vulnerable, including widows and orphans, with secure access to land,
fisheries and forests
|
Right to equality before the law and equal protection of the law |
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination |
2.1.a
1. States Parties condemn racial discrimination and undertake to pursue by all appropriate means and without delay a policy of eliminating racial discrimination in all its forms and promoting understanding among all races, and, to this end: (a) Each State Party undertakes to engage in no act or practice of racial discrimination against persons, groups of persons or institutions and to ensure that all public authorities and public institutions, national and local, shall act in conformity with this obligation;
|
General matters
4. Rights and responsibilities related to tenure |
4.7
States should consider providing non-discriminatory and gender-sensitive assistance where people are unable through their own actions to acquire tenure rights to sustain themselves, to gain access to the services of implementing agencies and judicial authorities, or to participate in processes that could affect their tenure rights
|
Right to equality before the law and equal protection of the law |
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination |
2.1.a
1. States Parties condemn racial discrimination and undertake to pursue by all appropriate means and without delay a policy of eliminating racial discrimination in all its forms and promoting understanding among all races, and, to this end: (a) Each State Party undertakes to engage in no act or practice of racial discrimination against persons, groups of persons or institutions and to ensure that all public authorities and public institutions, national and local, shall act in conformity with this obligation;
|
Legal recognition and allocation of tenure rights and duties
10. Informal tenure |
10.3
Whenever States provide legal recognition to informal tenure, this should be done through participatory, gender-sensitive processes, having particular regard to tenants. In doing so, States should pay special attention to farmers and small-scale food producers. These processes should facilitate access to legalization services and minimize costs. State should strive to provide technical and legal support to communities and participants.
|
Right to equality before the law and equal protection of the law |
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination |
2.1.a
1. States Parties condemn racial discrimination and undertake to pursue by all appropriate means and without delay a policy of eliminating racial discrimination in all its forms and promoting understanding among all races, and, to this end: (a) Each State Party undertakes to engage in no act or practice of racial discrimination against persons, groups of persons or institutions and to ensure that all public authorities and public institutions, national and local, shall act in conformity with this obligation;
|
Administration of tenure
17. Records of tenure rights |
17.3
States should strive to ensure that everyone is able to record their tenure rights and obtain information without discrimination on any basis. Where
appropriate, implementing agencies, such as land registries, should establish service centres or mobile offices, having regard to accessibility by women, the poor and vulnerable groups. States should consider using locally-based professionals, such as lawyers, notaries, surveyors and social scientists to deliver information on tenure rights to the public
|
Right to equality before the law and equal protection of the law |
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination |
2.1.a
1. States Parties condemn racial discrimination and undertake to pursue by all appropriate means and without delay a policy of eliminating racial discrimination in all its forms and promoting understanding among all races, and, to this end: (a) Each State Party undertakes to engage in no act or practice of racial discrimination against persons, groups of persons or institutions and to ensure that all public authorities and public institutions, national and local, shall act in conformity with this obligation;
|
Administration of tenure
20. Regulated spatial planning |
20.2
States should develop through consultation and participation, and publicize, gender-sensitive policies and laws on regulated spatial planning. Where appropriate, formal planning systems should consider methods of planning and territorial development used by indigenous peoples and other communities with customary tenure systems, and decision-making
processes within those communities.
|
Right to equality before the law and equal protection of the law |
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination |
2.1.a
1. States Parties condemn racial discrimination and undertake to pursue by all appropriate means and without delay a policy of eliminating racial discrimination in all its forms and promoting understanding among all races, and, to this end: (a) Each State Party undertakes to engage in no act or practice of racial discrimination against persons, groups of persons or institutions and to ensure that all public authorities and public institutions, national and local, shall act in conformity with this obligation;
|
Responses to climate change and emergencies
25. Conflicts in respect to tenure of land, fisheries and forests |
25.6
Where restitution is not possible, the provision of secure access to alternative land, fisheries and forests and livelihoods for refugees and displaced persons should be negotiated with host communities and other
relevant parties to ensure that the resettlement does not jeopardize the livelihoods of others. Special procedures should, where possible, provide the vulnerable, including widows and orphans, with secure access to land,
fisheries and forests
|
Right to equality before the law and equal protection of the law |
ICEDAW
International Convention on the Elimination of All Forms of Discrimination Against Women |
15
1. States Parties shall accord to women equality with men before the law.
2. States Parties shall accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. In particular, they shall give women equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals.
3. States Parties agree that all contracts and all other private instruments of any kind with a legal effect which is directed at restricting the legal capacity of women shall be deemed null and void.
4. States Parties shall accord to men and women the same rights with regard to the law relating to the movement of persons and the freedom to choose their residence and domicile.
|
General matters
4. Rights and responsibilities related to tenure |
4.7
States should consider providing non-discriminatory and gender-sensitive assistance where people are unable through their own actions to acquire tenure rights to sustain themselves, to gain access to the services of implementing agencies and judicial authorities, or to participate in processes that could affect their tenure rights
|
Right to equality before the law and equal protection of the law |
ICEDAW
International Convention on the Elimination of All Forms of Discrimination Against Women |
15
1. States Parties shall accord to women equality with men before the law.
2. States Parties shall accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. In particular, they shall give women equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals.
3. States Parties agree that all contracts and all other private instruments of any kind with a legal effect which is directed at restricting the legal capacity of women shall be deemed null and void.
4. States Parties shall accord to men and women the same rights with regard to the law relating to the movement of persons and the freedom to choose their residence and domicile.
|
Legal recognition and allocation of tenure rights and duties
10. Informal tenure |
10.3
Whenever States provide legal recognition to informal tenure, this should be done through participatory, gender-sensitive processes, having particular regard to tenants. In doing so, States should pay special attention to farmers and small-scale food producers. These processes should facilitate access to legalization services and minimize costs. State should strive to provide technical and legal support to communities and participants.
|
Right to equality before the law and equal protection of the law |
ICEDAW
International Convention on the Elimination of All Forms of Discrimination Against Women |
15
1. States Parties shall accord to women equality with men before the law.
2. States Parties shall accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. In particular, they shall give women equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals.
3. States Parties agree that all contracts and all other private instruments of any kind with a legal effect which is directed at restricting the legal capacity of women shall be deemed null and void.
4. States Parties shall accord to men and women the same rights with regard to the law relating to the movement of persons and the freedom to choose their residence and domicile.
|
Administration of tenure
17. Records of tenure rights |
17.3
States should strive to ensure that everyone is able to record their tenure rights and obtain information without discrimination on any basis. Where
appropriate, implementing agencies, such as land registries, should establish service centres or mobile offices, having regard to accessibility by women, the poor and vulnerable groups. States should consider using locally-based professionals, such as lawyers, notaries, surveyors and social scientists to deliver information on tenure rights to the public
|
Right to equality before the law and equal protection of the law |
ICEDAW
International Convention on the Elimination of All Forms of Discrimination Against Women |
15
1. States Parties shall accord to women equality with men before the law.
2. States Parties shall accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. In particular, they shall give women equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals.
3. States Parties agree that all contracts and all other private instruments of any kind with a legal effect which is directed at restricting the legal capacity of women shall be deemed null and void.
4. States Parties shall accord to men and women the same rights with regard to the law relating to the movement of persons and the freedom to choose their residence and domicile.
|
Administration of tenure
20. Regulated spatial planning |
20.2
States should develop through consultation and participation, and publicize, gender-sensitive policies and laws on regulated spatial planning. Where appropriate, formal planning systems should consider methods of planning and territorial development used by indigenous peoples and other communities with customary tenure systems, and decision-making
processes within those communities.
|
Right to equality before the law and equal protection of the law |
ICEDAW
International Convention on the Elimination of All Forms of Discrimination Against Women |
15
1. States Parties shall accord to women equality with men before the law.
2. States Parties shall accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. In particular, they shall give women equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals.
3. States Parties agree that all contracts and all other private instruments of any kind with a legal effect which is directed at restricting the legal capacity of women shall be deemed null and void.
4. States Parties shall accord to men and women the same rights with regard to the law relating to the movement of persons and the freedom to choose their residence and domicile.
|
Responses to climate change and emergencies
25. Conflicts in respect to tenure of land, fisheries and forests |
25.6
Where restitution is not possible, the provision of secure access to alternative land, fisheries and forests and livelihoods for refugees and displaced persons should be negotiated with host communities and other
relevant parties to ensure that the resettlement does not jeopardize the livelihoods of others. Special procedures should, where possible, provide the vulnerable, including widows and orphans, with secure access to land,
fisheries and forests
|
Right to equality before the law and equal protection of the law |
ICEDAW
International Convention on the Elimination of All Forms of Discrimination Against Women |
2.b & 2.c
States Parties condemn discrimination against women in all its forms, agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women and, to this end, undertake: [..] (b) To adopt appropriate legislative and other measures, including sanctions where appropriate, prohibiting all discrimination against women (c) To establish legal protection of the rights of women on an equal basis with men and to ensure through competent national tribunals and other public institutions the effective protection of women against any act of discrimination
|
General matters
4. Rights and responsibilities related to tenure |
4.7
States should consider providing non-discriminatory and gender-sensitive assistance where people are unable through their own actions to acquire tenure rights to sustain themselves, to gain access to the services of implementing agencies and judicial authorities, or to participate in processes that could affect their tenure rights
|
Right to equality before the law and equal protection of the law |
ICEDAW
International Convention on the Elimination of All Forms of Discrimination Against Women |
2.b & 2.c
States Parties condemn discrimination against women in all its forms, agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women and, to this end, undertake: [..] (b) To adopt appropriate legislative and other measures, including sanctions where appropriate, prohibiting all discrimination against women (c) To establish legal protection of the rights of women on an equal basis with men and to ensure through competent national tribunals and other public institutions the effective protection of women against any act of discrimination
|
Legal recognition and allocation of tenure rights and duties
10. Informal tenure |
10.3
Whenever States provide legal recognition to informal tenure, this should be done through participatory, gender-sensitive processes, having particular regard to tenants. In doing so, States should pay special attention to farmers and small-scale food producers. These processes should facilitate access to legalization services and minimize costs. State should strive to provide technical and legal support to communities and participants.
|
Right to equality before the law and equal protection of the law |
ICEDAW
International Convention on the Elimination of All Forms of Discrimination Against Women |
2.b & 2.c
States Parties condemn discrimination against women in all its forms, agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women and, to this end, undertake: [..] (b) To adopt appropriate legislative and other measures, including sanctions where appropriate, prohibiting all discrimination against women (c) To establish legal protection of the rights of women on an equal basis with men and to ensure through competent national tribunals and other public institutions the effective protection of women against any act of discrimination
|
Administration of tenure
17. Records of tenure rights |
17.3
States should strive to ensure that everyone is able to record their tenure rights and obtain information without discrimination on any basis. Where
appropriate, implementing agencies, such as land registries, should establish service centres or mobile offices, having regard to accessibility by women, the poor and vulnerable groups. States should consider using locally-based professionals, such as lawyers, notaries, surveyors and social scientists to deliver information on tenure rights to the public
|
Right to equality before the law and equal protection of the law |
ICEDAW
International Convention on the Elimination of All Forms of Discrimination Against Women |
2.b & 2.c
States Parties condemn discrimination against women in all its forms, agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women and, to this end, undertake: [..] (b) To adopt appropriate legislative and other measures, including sanctions where appropriate, prohibiting all discrimination against women (c) To establish legal protection of the rights of women on an equal basis with men and to ensure through competent national tribunals and other public institutions the effective protection of women against any act of discrimination
|
Administration of tenure
20. Regulated spatial planning |
20.2
States should develop through consultation and participation, and publicize, gender-sensitive policies and laws on regulated spatial planning. Where appropriate, formal planning systems should consider methods of planning and territorial development used by indigenous peoples and other communities with customary tenure systems, and decision-making
processes within those communities.
|
Right to equality before the law and equal protection of the law |
ICEDAW
International Convention on the Elimination of All Forms of Discrimination Against Women |
2.b & 2.c
States Parties condemn discrimination against women in all its forms, agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women and, to this end, undertake: [..] (b) To adopt appropriate legislative and other measures, including sanctions where appropriate, prohibiting all discrimination against women (c) To establish legal protection of the rights of women on an equal basis with men and to ensure through competent national tribunals and other public institutions the effective protection of women against any act of discrimination
|
Responses to climate change and emergencies
25. Conflicts in respect to tenure of land, fisheries and forests |
25.6
Where restitution is not possible, the provision of secure access to alternative land, fisheries and forests and livelihoods for refugees and displaced persons should be negotiated with host communities and other
relevant parties to ensure that the resettlement does not jeopardize the livelihoods of others. Special procedures should, where possible, provide the vulnerable, including widows and orphans, with secure access to land,
fisheries and forests
|
Right to equality before the law and equal protection of the law |
ICRPD
International Convention on the Rights of Persons with Disabilities |
12
1. States Parties reaffirm that persons with disabilities have the right to recognition everywhere as persons before the law.
2. States Parties shall recognize that persons with disabilities enjoy legal capacity on an equal basis with others in all aspects of life.
3. States Parties shall take appropriate measures to provide access by persons with disabilities to the support they may require in exercising their legal capacity.
4. States Parties shall ensure that all measures that relate to the exercise of legal capacity provide for appropriate and effective safeguards to prevent abuse in accordance with international human rights law. Such safeguards shall ensure that measures relating to the exercise of legal capacity respect the rights, will and preferences of the person, are free of conflict of interest and undue influence, are proportional and tailored to the person's circumstances, apply for the shortest time possible and are subject to regular review by a competent, independent and impartial authority or judicial body. The safeguards shall be proportional to the degree to which such measures affect the person's rights and interests.
5. Subject to the provisions of this article, States Parties shall take all appropriate and effective measures to ensure the equal right of persons with disabilities to own or inherit property, to control their own financial affairs and to have equal access to bank loans, mortgages and other forms of financial credit, and shall ensure that persons with disabilities are not arbitrarily deprived of their property.
|
General matters
4. Rights and responsibilities related to tenure |
4.7
States should consider providing non-discriminatory and gender-sensitive assistance where people are unable through their own actions to acquire tenure rights to sustain themselves, to gain access to the services of implementing agencies and judicial authorities, or to participate in processes that could affect their tenure rights
|
Right to equality before the law and equal protection of the law |
ICRPD
International Convention on the Rights of Persons with Disabilities |
12
1. States Parties reaffirm that persons with disabilities have the right to recognition everywhere as persons before the law.
2. States Parties shall recognize that persons with disabilities enjoy legal capacity on an equal basis with others in all aspects of life.
3. States Parties shall take appropriate measures to provide access by persons with disabilities to the support they may require in exercising their legal capacity.
4. States Parties shall ensure that all measures that relate to the exercise of legal capacity provide for appropriate and effective safeguards to prevent abuse in accordance with international human rights law. Such safeguards shall ensure that measures relating to the exercise of legal capacity respect the rights, will and preferences of the person, are free of conflict of interest and undue influence, are proportional and tailored to the person's circumstances, apply for the shortest time possible and are subject to regular review by a competent, independent and impartial authority or judicial body. The safeguards shall be proportional to the degree to which such measures affect the person's rights and interests.
5. Subject to the provisions of this article, States Parties shall take all appropriate and effective measures to ensure the equal right of persons with disabilities to own or inherit property, to control their own financial affairs and to have equal access to bank loans, mortgages and other forms of financial credit, and shall ensure that persons with disabilities are not arbitrarily deprived of their property.
|
Legal recognition and allocation of tenure rights and duties
10. Informal tenure |
10.3
Whenever States provide legal recognition to informal tenure, this should be done through participatory, gender-sensitive processes, having particular regard to tenants. In doing so, States should pay special attention to farmers and small-scale food producers. These processes should facilitate access to legalization services and minimize costs. State should strive to provide technical and legal support to communities and participants.
|
Right to equality before the law and equal protection of the law |
ICRPD
International Convention on the Rights of Persons with Disabilities |
12
1. States Parties reaffirm that persons with disabilities have the right to recognition everywhere as persons before the law.
2. States Parties shall recognize that persons with disabilities enjoy legal capacity on an equal basis with others in all aspects of life.
3. States Parties shall take appropriate measures to provide access by persons with disabilities to the support they may require in exercising their legal capacity.
4. States Parties shall ensure that all measures that relate to the exercise of legal capacity provide for appropriate and effective safeguards to prevent abuse in accordance with international human rights law. Such safeguards shall ensure that measures relating to the exercise of legal capacity respect the rights, will and preferences of the person, are free of conflict of interest and undue influence, are proportional and tailored to the person's circumstances, apply for the shortest time possible and are subject to regular review by a competent, independent and impartial authority or judicial body. The safeguards shall be proportional to the degree to which such measures affect the person's rights and interests.
5. Subject to the provisions of this article, States Parties shall take all appropriate and effective measures to ensure the equal right of persons with disabilities to own or inherit property, to control their own financial affairs and to have equal access to bank loans, mortgages and other forms of financial credit, and shall ensure that persons with disabilities are not arbitrarily deprived of their property.
|
Administration of tenure
17. Records of tenure rights |
17.3
States should strive to ensure that everyone is able to record their tenure rights and obtain information without discrimination on any basis. Where
appropriate, implementing agencies, such as land registries, should establish service centres or mobile offices, having regard to accessibility by women, the poor and vulnerable groups. States should consider using locally-based professionals, such as lawyers, notaries, surveyors and social scientists to deliver information on tenure rights to the public
|
Right to equality before the law and equal protection of the law |
ICRPD
International Convention on the Rights of Persons with Disabilities |
12
1. States Parties reaffirm that persons with disabilities have the right to recognition everywhere as persons before the law.
2. States Parties shall recognize that persons with disabilities enjoy legal capacity on an equal basis with others in all aspects of life.
3. States Parties shall take appropriate measures to provide access by persons with disabilities to the support they may require in exercising their legal capacity.
4. States Parties shall ensure that all measures that relate to the exercise of legal capacity provide for appropriate and effective safeguards to prevent abuse in accordance with international human rights law. Such safeguards shall ensure that measures relating to the exercise of legal capacity respect the rights, will and preferences of the person, are free of conflict of interest and undue influence, are proportional and tailored to the person's circumstances, apply for the shortest time possible and are subject to regular review by a competent, independent and impartial authority or judicial body. The safeguards shall be proportional to the degree to which such measures affect the person's rights and interests.
5. Subject to the provisions of this article, States Parties shall take all appropriate and effective measures to ensure the equal right of persons with disabilities to own or inherit property, to control their own financial affairs and to have equal access to bank loans, mortgages and other forms of financial credit, and shall ensure that persons with disabilities are not arbitrarily deprived of their property.
|
Administration of tenure
20. Regulated spatial planning |
20.2
States should develop through consultation and participation, and publicize, gender-sensitive policies and laws on regulated spatial planning. Where appropriate, formal planning systems should consider methods of planning and territorial development used by indigenous peoples and other communities with customary tenure systems, and decision-making
processes within those communities.
|
Right to equality before the law and equal protection of the law |
ICRPD
International Convention on the Rights of Persons with Disabilities |
12
1. States Parties reaffirm that persons with disabilities have the right to recognition everywhere as persons before the law.
2. States Parties shall recognize that persons with disabilities enjoy legal capacity on an equal basis with others in all aspects of life.
3. States Parties shall take appropriate measures to provide access by persons with disabilities to the support they may require in exercising their legal capacity.
4. States Parties shall ensure that all measures that relate to the exercise of legal capacity provide for appropriate and effective safeguards to prevent abuse in accordance with international human rights law. Such safeguards shall ensure that measures relating to the exercise of legal capacity respect the rights, will and preferences of the person, are free of conflict of interest and undue influence, are proportional and tailored to the person's circumstances, apply for the shortest time possible and are subject to regular review by a competent, independent and impartial authority or judicial body. The safeguards shall be proportional to the degree to which such measures affect the person's rights and interests.
5. Subject to the provisions of this article, States Parties shall take all appropriate and effective measures to ensure the equal right of persons with disabilities to own or inherit property, to control their own financial affairs and to have equal access to bank loans, mortgages and other forms of financial credit, and shall ensure that persons with disabilities are not arbitrarily deprived of their property.
|
Responses to climate change and emergencies
25. Conflicts in respect to tenure of land, fisheries and forests |
25.6
Where restitution is not possible, the provision of secure access to alternative land, fisheries and forests and livelihoods for refugees and displaced persons should be negotiated with host communities and other
relevant parties to ensure that the resettlement does not jeopardize the livelihoods of others. Special procedures should, where possible, provide the vulnerable, including widows and orphans, with secure access to land,
fisheries and forests
|
Right to equality before the law and equal protection of the law |
ICRPD
International Convention on the Rights of Persons with Disabilities |
5.1
1. States Parties recognize that all persons are equal before and under the law and are entitled without any discrimination to the equal protection and equal benefit of the law.
|
General matters
4. Rights and responsibilities related to tenure |
4.7
States should consider providing non-discriminatory and gender-sensitive assistance where people are unable through their own actions to acquire tenure rights to sustain themselves, to gain access to the services of implementing agencies and judicial authorities, or to participate in processes that could affect their tenure rights
|
Right to equality before the law and equal protection of the law |
ICRPD
International Convention on the Rights of Persons with Disabilities |
5.1
1. States Parties recognize that all persons are equal before and under the law and are entitled without any discrimination to the equal protection and equal benefit of the law.
|
Legal recognition and allocation of tenure rights and duties
10. Informal tenure |
10.3
Whenever States provide legal recognition to informal tenure, this should be done through participatory, gender-sensitive processes, having particular regard to tenants. In doing so, States should pay special attention to farmers and small-scale food producers. These processes should facilitate access to legalization services and minimize costs. State should strive to provide technical and legal support to communities and participants.
|
Right to equality before the law and equal protection of the law |
ICRPD
International Convention on the Rights of Persons with Disabilities |
5.1
1. States Parties recognize that all persons are equal before and under the law and are entitled without any discrimination to the equal protection and equal benefit of the law.
|
Administration of tenure
17. Records of tenure rights |
17.3
States should strive to ensure that everyone is able to record their tenure rights and obtain information without discrimination on any basis. Where
appropriate, implementing agencies, such as land registries, should establish service centres or mobile offices, having regard to accessibility by women, the poor and vulnerable groups. States should consider using locally-based professionals, such as lawyers, notaries, surveyors and social scientists to deliver information on tenure rights to the public
|
Right to equality before the law and equal protection of the law |
ICRPD
International Convention on the Rights of Persons with Disabilities |
5.1
1. States Parties recognize that all persons are equal before and under the law and are entitled without any discrimination to the equal protection and equal benefit of the law.
|
Administration of tenure
20. Regulated spatial planning |
20.2
States should develop through consultation and participation, and publicize, gender-sensitive policies and laws on regulated spatial planning. Where appropriate, formal planning systems should consider methods of planning and territorial development used by indigenous peoples and other communities with customary tenure systems, and decision-making
processes within those communities.
|
Right to equality before the law and equal protection of the law |
ICRPD
International Convention on the Rights of Persons with Disabilities |
5.1
1. States Parties recognize that all persons are equal before and under the law and are entitled without any discrimination to the equal protection and equal benefit of the law.
|
Responses to climate change and emergencies
25. Conflicts in respect to tenure of land, fisheries and forests |
25.6
Where restitution is not possible, the provision of secure access to alternative land, fisheries and forests and livelihoods for refugees and displaced persons should be negotiated with host communities and other
relevant parties to ensure that the resettlement does not jeopardize the livelihoods of others. Special procedures should, where possible, provide the vulnerable, including widows and orphans, with secure access to land,
fisheries and forests
|
Right to equality before the law and equal protection of the law |
ICRMW
International Convention on the Protection of The Rights of All Migrant Workers and Members of Their Families |
24
Every migrant worker and every member of his or her family shall have the right to recognition everywhere as a person before the law.
|
General matters
4. Rights and responsibilities related to tenure |
4.7
States should consider providing non-discriminatory and gender-sensitive assistance where people are unable through their own actions to acquire tenure rights to sustain themselves, to gain access to the services of implementing agencies and judicial authorities, or to participate in processes that could affect their tenure rights
|
Right to equality before the law and equal protection of the law |
ICRMW
International Convention on the Protection of The Rights of All Migrant Workers and Members of Their Families |
24
Every migrant worker and every member of his or her family shall have the right to recognition everywhere as a person before the law.
|
Legal recognition and allocation of tenure rights and duties
10. Informal tenure |
10.3
Whenever States provide legal recognition to informal tenure, this should be done through participatory, gender-sensitive processes, having particular regard to tenants. In doing so, States should pay special attention to farmers and small-scale food producers. These processes should facilitate access to legalization services and minimize costs. State should strive to provide technical and legal support to communities and participants.
|
Right to equality before the law and equal protection of the law |
ICRMW
International Convention on the Protection of The Rights of All Migrant Workers and Members of Their Families |
24
Every migrant worker and every member of his or her family shall have the right to recognition everywhere as a person before the law.
|
Administration of tenure
17. Records of tenure rights |
17.3
States should strive to ensure that everyone is able to record their tenure rights and obtain information without discrimination on any basis. Where
appropriate, implementing agencies, such as land registries, should establish service centres or mobile offices, having regard to accessibility by women, the poor and vulnerable groups. States should consider using locally-based professionals, such as lawyers, notaries, surveyors and social scientists to deliver information on tenure rights to the public
|
Right to equality before the law and equal protection of the law |
ICRMW
International Convention on the Protection of The Rights of All Migrant Workers and Members of Their Families |
24
Every migrant worker and every member of his or her family shall have the right to recognition everywhere as a person before the law.
|
Administration of tenure
20. Regulated spatial planning |
20.2
States should develop through consultation and participation, and publicize, gender-sensitive policies and laws on regulated spatial planning. Where appropriate, formal planning systems should consider methods of planning and territorial development used by indigenous peoples and other communities with customary tenure systems, and decision-making
processes within those communities.
|
Right to equality before the law and equal protection of the law |
ICRMW
International Convention on the Protection of The Rights of All Migrant Workers and Members of Their Families |
24
Every migrant worker and every member of his or her family shall have the right to recognition everywhere as a person before the law.
|
Responses to climate change and emergencies
25. Conflicts in respect to tenure of land, fisheries and forests |
25.6
Where restitution is not possible, the provision of secure access to alternative land, fisheries and forests and livelihoods for refugees and displaced persons should be negotiated with host communities and other
relevant parties to ensure that the resettlement does not jeopardize the livelihoods of others. Special procedures should, where possible, provide the vulnerable, including widows and orphans, with secure access to land,
fisheries and forests
|
Right to equality before the law and equal protection of the law |
ILO C169
Indigenous and Tribal Peoples Convention, 1989 (no.169) – ILO 169 |
12
The peoples concerned shall be safeguarded against the abuse of their rights and shall be able to take legal proceedings, either individually or through their representative bodies, for the effective protection of these rights. Measures shall be taken to ensure that members of these peoples can understand and be understood in legal proceedings, where necessary through the provision of interpretation or by other effective means.
|
General matters
4. Rights and responsibilities related to tenure |
4.7
States should consider providing non-discriminatory and gender-sensitive assistance where people are unable through their own actions to acquire tenure rights to sustain themselves, to gain access to the services of implementing agencies and judicial authorities, or to participate in processes that could affect their tenure rights
|
Right to equality before the law and equal protection of the law |
ILO C169
Indigenous and Tribal Peoples Convention, 1989 (no.169) – ILO 169 |
12
The peoples concerned shall be safeguarded against the abuse of their rights and shall be able to take legal proceedings, either individually or through their representative bodies, for the effective protection of these rights. Measures shall be taken to ensure that members of these peoples can understand and be understood in legal proceedings, where necessary through the provision of interpretation or by other effective means.
|
Legal recognition and allocation of tenure rights and duties
10. Informal tenure |
10.3
Whenever States provide legal recognition to informal tenure, this should be done through participatory, gender-sensitive processes, having particular regard to tenants. In doing so, States should pay special attention to farmers and small-scale food producers. These processes should facilitate access to legalization services and minimize costs. State should strive to provide technical and legal support to communities and participants.
|
Right to equality before the law and equal protection of the law |
ILO C169
Indigenous and Tribal Peoples Convention, 1989 (no.169) – ILO 169 |
12
The peoples concerned shall be safeguarded against the abuse of their rights and shall be able to take legal proceedings, either individually or through their representative bodies, for the effective protection of these rights. Measures shall be taken to ensure that members of these peoples can understand and be understood in legal proceedings, where necessary through the provision of interpretation or by other effective means.
|
Administration of tenure
17. Records of tenure rights |
17.3
States should strive to ensure that everyone is able to record their tenure rights and obtain information without discrimination on any basis. Where
appropriate, implementing agencies, such as land registries, should establish service centres or mobile offices, having regard to accessibility by women, the poor and vulnerable groups. States should consider using locally-based professionals, such as lawyers, notaries, surveyors and social scientists to deliver information on tenure rights to the public
|
Right to equality before the law and equal protection of the law |
ILO C169
Indigenous and Tribal Peoples Convention, 1989 (no.169) – ILO 169 |
12
The peoples concerned shall be safeguarded against the abuse of their rights and shall be able to take legal proceedings, either individually or through their representative bodies, for the effective protection of these rights. Measures shall be taken to ensure that members of these peoples can understand and be understood in legal proceedings, where necessary through the provision of interpretation or by other effective means.
|
Administration of tenure
20. Regulated spatial planning |
20.2
States should develop through consultation and participation, and publicize, gender-sensitive policies and laws on regulated spatial planning. Where appropriate, formal planning systems should consider methods of planning and territorial development used by indigenous peoples and other communities with customary tenure systems, and decision-making
processes within those communities.
|
Right to equality before the law and equal protection of the law |
ILO C169
Indigenous and Tribal Peoples Convention, 1989 (no.169) – ILO 169 |
12
The peoples concerned shall be safeguarded against the abuse of their rights and shall be able to take legal proceedings, either individually or through their representative bodies, for the effective protection of these rights. Measures shall be taken to ensure that members of these peoples can understand and be understood in legal proceedings, where necessary through the provision of interpretation or by other effective means.
|
Responses to climate change and emergencies
25. Conflicts in respect to tenure of land, fisheries and forests |
25.6
Where restitution is not possible, the provision of secure access to alternative land, fisheries and forests and livelihoods for refugees and displaced persons should be negotiated with host communities and other
relevant parties to ensure that the resettlement does not jeopardize the livelihoods of others. Special procedures should, where possible, provide the vulnerable, including widows and orphans, with secure access to land,
fisheries and forests
|
Right to equality before the law and equal protection of the law |
ECHR Protocol No. 12
Protocol No. 12 to the European Convention for the Protection of Human Rights and Fundamental Freedoms |
1
The enjoyment of any right set forth by law shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.
2. No one shall be discriminated against by any public authority on any ground such as those mentioned in paragraph 1.
|
General matters
4. Rights and responsibilities related to tenure |
4.7
States should consider providing non-discriminatory and gender-sensitive assistance where people are unable through their own actions to acquire tenure rights to sustain themselves, to gain access to the services of implementing agencies and judicial authorities, or to participate in processes that could affect their tenure rights
|
Right to equality before the law and equal protection of the law |
ECHR Protocol No. 12
Protocol No. 12 to the European Convention for the Protection of Human Rights and Fundamental Freedoms |
1
The enjoyment of any right set forth by law shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.
2. No one shall be discriminated against by any public authority on any ground such as those mentioned in paragraph 1.
|
Legal recognition and allocation of tenure rights and duties
10. Informal tenure |
10.3
Whenever States provide legal recognition to informal tenure, this should be done through participatory, gender-sensitive processes, having particular regard to tenants. In doing so, States should pay special attention to farmers and small-scale food producers. These processes should facilitate access to legalization services and minimize costs. State should strive to provide technical and legal support to communities and participants.
|
Right to equality before the law and equal protection of the law |
ECHR Protocol No. 12
Protocol No. 12 to the European Convention for the Protection of Human Rights and Fundamental Freedoms |
1
The enjoyment of any right set forth by law shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.
2. No one shall be discriminated against by any public authority on any ground such as those mentioned in paragraph 1.
|
Administration of tenure
17. Records of tenure rights |
17.3
States should strive to ensure that everyone is able to record their tenure rights and obtain information without discrimination on any basis. Where
appropriate, implementing agencies, such as land registries, should establish service centres or mobile offices, having regard to accessibility by women, the poor and vulnerable groups. States should consider using locally-based professionals, such as lawyers, notaries, surveyors and social scientists to deliver information on tenure rights to the public
|
Right to equality before the law and equal protection of the law |
ECHR Protocol No. 12
Protocol No. 12 to the European Convention for the Protection of Human Rights and Fundamental Freedoms |
1
The enjoyment of any right set forth by law shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.
2. No one shall be discriminated against by any public authority on any ground such as those mentioned in paragraph 1.
|
Administration of tenure
20. Regulated spatial planning |
20.2
States should develop through consultation and participation, and publicize, gender-sensitive policies and laws on regulated spatial planning. Where appropriate, formal planning systems should consider methods of planning and territorial development used by indigenous peoples and other communities with customary tenure systems, and decision-making
processes within those communities.
|
Right to equality before the law and equal protection of the law |
ECHR Protocol No. 12
Protocol No. 12 to the European Convention for the Protection of Human Rights and Fundamental Freedoms |
1
The enjoyment of any right set forth by law shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.
2. No one shall be discriminated against by any public authority on any ground such as those mentioned in paragraph 1.
|
Responses to climate change and emergencies
25. Conflicts in respect to tenure of land, fisheries and forests |
25.6
Where restitution is not possible, the provision of secure access to alternative land, fisheries and forests and livelihoods for refugees and displaced persons should be negotiated with host communities and other
relevant parties to ensure that the resettlement does not jeopardize the livelihoods of others. Special procedures should, where possible, provide the vulnerable, including widows and orphans, with secure access to land,
fisheries and forests
|
Right to equality before the law and equal protection of the law |
European Framework Convention on Minorities
Council of Europe Framework Convention for the Protection of National Minorities |
4,1
The Parties undertake to guarantee to persons belonging to national minorities the right of equality before the law and of equal protection of the law. In this respect, any discrimination based on belonging to a national minority shall be prohibited.
|
General matters
4. Rights and responsibilities related to tenure |
4.7
States should consider providing non-discriminatory and gender-sensitive assistance where people are unable through their own actions to acquire tenure rights to sustain themselves, to gain access to the services of implementing agencies and judicial authorities, or to participate in processes that could affect their tenure rights
|
Right to equality before the law and equal protection of the law |
European Framework Convention on Minorities
Council of Europe Framework Convention for the Protection of National Minorities |
4,1
The Parties undertake to guarantee to persons belonging to national minorities the right of equality before the law and of equal protection of the law. In this respect, any discrimination based on belonging to a national minority shall be prohibited.
|
Legal recognition and allocation of tenure rights and duties
10. Informal tenure |
10.3
Whenever States provide legal recognition to informal tenure, this should be done through participatory, gender-sensitive processes, having particular regard to tenants. In doing so, States should pay special attention to farmers and small-scale food producers. These processes should facilitate access to legalization services and minimize costs. State should strive to provide technical and legal support to communities and participants.
|
Right to equality before the law and equal protection of the law |
European Framework Convention on Minorities
Council of Europe Framework Convention for the Protection of National Minorities |
4,1
The Parties undertake to guarantee to persons belonging to national minorities the right of equality before the law and of equal protection of the law. In this respect, any discrimination based on belonging to a national minority shall be prohibited.
|
Administration of tenure
17. Records of tenure rights |
17.3
States should strive to ensure that everyone is able to record their tenure rights and obtain information without discrimination on any basis. Where
appropriate, implementing agencies, such as land registries, should establish service centres or mobile offices, having regard to accessibility by women, the poor and vulnerable groups. States should consider using locally-based professionals, such as lawyers, notaries, surveyors and social scientists to deliver information on tenure rights to the public
|
Right to equality before the law and equal protection of the law |
European Framework Convention on Minorities
Council of Europe Framework Convention for the Protection of National Minorities |
4,1
The Parties undertake to guarantee to persons belonging to national minorities the right of equality before the law and of equal protection of the law. In this respect, any discrimination based on belonging to a national minority shall be prohibited.
|
Administration of tenure
20. Regulated spatial planning |
20.2
States should develop through consultation and participation, and publicize, gender-sensitive policies and laws on regulated spatial planning. Where appropriate, formal planning systems should consider methods of planning and territorial development used by indigenous peoples and other communities with customary tenure systems, and decision-making
processes within those communities.
|
Right to equality before the law and equal protection of the law |
European Framework Convention on Minorities
Council of Europe Framework Convention for the Protection of National Minorities |
4,1
The Parties undertake to guarantee to persons belonging to national minorities the right of equality before the law and of equal protection of the law. In this respect, any discrimination based on belonging to a national minority shall be prohibited.
|
Responses to climate change and emergencies
25. Conflicts in respect to tenure of land, fisheries and forests |
25.6
Where restitution is not possible, the provision of secure access to alternative land, fisheries and forests and livelihoods for refugees and displaced persons should be negotiated with host communities and other
relevant parties to ensure that the resettlement does not jeopardize the livelihoods of others. Special procedures should, where possible, provide the vulnerable, including widows and orphans, with secure access to land,
fisheries and forests
|
Right to equality before the law and equal protection of the law |
ADRDM
American Declaration on the Rights and Duties of Man |
II
All persons are equal before the law and have the rights and duties established in this Declaration, without distinction as to race, sex, language, creed or any other factor.
|
General matters
4. Rights and responsibilities related to tenure |
4.7
States should consider providing non-discriminatory and gender-sensitive assistance where people are unable through their own actions to acquire tenure rights to sustain themselves, to gain access to the services of implementing agencies and judicial authorities, or to participate in processes that could affect their tenure rights
|
Right to equality before the law and equal protection of the law |
ADRDM
American Declaration on the Rights and Duties of Man |
II
All persons are equal before the law and have the rights and duties established in this Declaration, without distinction as to race, sex, language, creed or any other factor.
|
Legal recognition and allocation of tenure rights and duties
10. Informal tenure |
10.3
Whenever States provide legal recognition to informal tenure, this should be done through participatory, gender-sensitive processes, having particular regard to tenants. In doing so, States should pay special attention to farmers and small-scale food producers. These processes should facilitate access to legalization services and minimize costs. State should strive to provide technical and legal support to communities and participants.
|
Right to equality before the law and equal protection of the law |
ADRDM
American Declaration on the Rights and Duties of Man |
II
All persons are equal before the law and have the rights and duties established in this Declaration, without distinction as to race, sex, language, creed or any other factor.
|
Administration of tenure
17. Records of tenure rights |
17.3
States should strive to ensure that everyone is able to record their tenure rights and obtain information without discrimination on any basis. Where
appropriate, implementing agencies, such as land registries, should establish service centres or mobile offices, having regard to accessibility by women, the poor and vulnerable groups. States should consider using locally-based professionals, such as lawyers, notaries, surveyors and social scientists to deliver information on tenure rights to the public
|
Right to equality before the law and equal protection of the law |
ADRDM
American Declaration on the Rights and Duties of Man |
II
All persons are equal before the law and have the rights and duties established in this Declaration, without distinction as to race, sex, language, creed or any other factor.
|
Administration of tenure
20. Regulated spatial planning |
20.2
States should develop through consultation and participation, and publicize, gender-sensitive policies and laws on regulated spatial planning. Where appropriate, formal planning systems should consider methods of planning and territorial development used by indigenous peoples and other communities with customary tenure systems, and decision-making
processes within those communities.
|
Right to equality before the law and equal protection of the law |
ADRDM
American Declaration on the Rights and Duties of Man |
II
All persons are equal before the law and have the rights and duties established in this Declaration, without distinction as to race, sex, language, creed or any other factor.
|
Responses to climate change and emergencies
25. Conflicts in respect to tenure of land, fisheries and forests |
25.6
Where restitution is not possible, the provision of secure access to alternative land, fisheries and forests and livelihoods for refugees and displaced persons should be negotiated with host communities and other
relevant parties to ensure that the resettlement does not jeopardize the livelihoods of others. Special procedures should, where possible, provide the vulnerable, including widows and orphans, with secure access to land,
fisheries and forests
|
Right to equality before the law and equal protection of the law |
ACHR
American Convention on Human Rights |
3
Every person has the right to recognition as a person before the law.
|
General matters
4. Rights and responsibilities related to tenure |
4.7
States should consider providing non-discriminatory and gender-sensitive assistance where people are unable through their own actions to acquire tenure rights to sustain themselves, to gain access to the services of implementing agencies and judicial authorities, or to participate in processes that could affect their tenure rights
|
Right to equality before the law and equal protection of the law |
ACHR
American Convention on Human Rights |
3
Every person has the right to recognition as a person before the law.
|
Legal recognition and allocation of tenure rights and duties
10. Informal tenure |
10.3
Whenever States provide legal recognition to informal tenure, this should be done through participatory, gender-sensitive processes, having particular regard to tenants. In doing so, States should pay special attention to farmers and small-scale food producers. These processes should facilitate access to legalization services and minimize costs. State should strive to provide technical and legal support to communities and participants.
|
Right to equality before the law and equal protection of the law |
ACHR
American Convention on Human Rights |
3
Every person has the right to recognition as a person before the law.
|
Administration of tenure
17. Records of tenure rights |
17.3
States should strive to ensure that everyone is able to record their tenure rights and obtain information without discrimination on any basis. Where
appropriate, implementing agencies, such as land registries, should establish service centres or mobile offices, having regard to accessibility by women, the poor and vulnerable groups. States should consider using locally-based professionals, such as lawyers, notaries, surveyors and social scientists to deliver information on tenure rights to the public
|
Right to equality before the law and equal protection of the law |
ACHR
American Convention on Human Rights |
3
Every person has the right to recognition as a person before the law.
|
Administration of tenure
20. Regulated spatial planning |
20.2
States should develop through consultation and participation, and publicize, gender-sensitive policies and laws on regulated spatial planning. Where appropriate, formal planning systems should consider methods of planning and territorial development used by indigenous peoples and other communities with customary tenure systems, and decision-making
processes within those communities.
|
Right to equality before the law and equal protection of the law |
ACHR
American Convention on Human Rights |
3
Every person has the right to recognition as a person before the law.
|
Responses to climate change and emergencies
25. Conflicts in respect to tenure of land, fisheries and forests |
25.6
Where restitution is not possible, the provision of secure access to alternative land, fisheries and forests and livelihoods for refugees and displaced persons should be negotiated with host communities and other
relevant parties to ensure that the resettlement does not jeopardize the livelihoods of others. Special procedures should, where possible, provide the vulnerable, including widows and orphans, with secure access to land,
fisheries and forests
|
Right to equality before the law and equal protection of the law |
ACHR
American Convention on Human Rights |
24
All persons are equal before the law. Consequently, they are entitled, without discrimination, to equal protection of the law.
|
General matters
4. Rights and responsibilities related to tenure |
4.7
States should consider providing non-discriminatory and gender-sensitive assistance where people are unable through their own actions to acquire tenure rights to sustain themselves, to gain access to the services of implementing agencies and judicial authorities, or to participate in processes that could affect their tenure rights
|
Right to equality before the law and equal protection of the law |
ACHR
American Convention on Human Rights |
24
All persons are equal before the law. Consequently, they are entitled, without discrimination, to equal protection of the law.
|
Legal recognition and allocation of tenure rights and duties
10. Informal tenure |
10.3
Whenever States provide legal recognition to informal tenure, this should be done through participatory, gender-sensitive processes, having particular regard to tenants. In doing so, States should pay special attention to farmers and small-scale food producers. These processes should facilitate access to legalization services and minimize costs. State should strive to provide technical and legal support to communities and participants.
|
Right to equality before the law and equal protection of the law |
ACHR
American Convention on Human Rights |
24
All persons are equal before the law. Consequently, they are entitled, without discrimination, to equal protection of the law.
|
Administration of tenure
17. Records of tenure rights |
17.3
States should strive to ensure that everyone is able to record their tenure rights and obtain information without discrimination on any basis. Where
appropriate, implementing agencies, such as land registries, should establish service centres or mobile offices, having regard to accessibility by women, the poor and vulnerable groups. States should consider using locally-based professionals, such as lawyers, notaries, surveyors and social scientists to deliver information on tenure rights to the public
|
Right to equality before the law and equal protection of the law |
ACHR
American Convention on Human Rights |
24
All persons are equal before the law. Consequently, they are entitled, without discrimination, to equal protection of the law.
|
Administration of tenure
20. Regulated spatial planning |
20.2
States should develop through consultation and participation, and publicize, gender-sensitive policies and laws on regulated spatial planning. Where appropriate, formal planning systems should consider methods of planning and territorial development used by indigenous peoples and other communities with customary tenure systems, and decision-making
processes within those communities.
|
Right to equality before the law and equal protection of the law |
ACHR
American Convention on Human Rights |
24
All persons are equal before the law. Consequently, they are entitled, without discrimination, to equal protection of the law.
|
Responses to climate change and emergencies
25. Conflicts in respect to tenure of land, fisheries and forests |
25.6
Where restitution is not possible, the provision of secure access to alternative land, fisheries and forests and livelihoods for refugees and displaced persons should be negotiated with host communities and other
relevant parties to ensure that the resettlement does not jeopardize the livelihoods of others. Special procedures should, where possible, provide the vulnerable, including widows and orphans, with secure access to land,
fisheries and forests
|
Right to equality before the law and equal protection of the law |
Convention of Belem do Para
Inter-American Convention on the Prevention, Punishment and Eradication of Violence Against Women (Convention of Belem do Para) |
4.f
Every woman has the right to the recognition, enjoyment, exercise and protection of all human rights and freedoms embodied in regional and international human rights instruments. These rights include, among others:
f. The right to equal protection before the law and of the law;
|
General matters
4. Rights and responsibilities related to tenure |
4.7
States should consider providing non-discriminatory and gender-sensitive assistance where people are unable through their own actions to acquire tenure rights to sustain themselves, to gain access to the services of implementing agencies and judicial authorities, or to participate in processes that could affect their tenure rights
|
Right to equality before the law and equal protection of the law |
Convention of Belem do Para
Inter-American Convention on the Prevention, Punishment and Eradication of Violence Against Women (Convention of Belem do Para) |
4.f
Every woman has the right to the recognition, enjoyment, exercise and protection of all human rights and freedoms embodied in regional and international human rights instruments. These rights include, among others:
f. The right to equal protection before the law and of the law;
|
Legal recognition and allocation of tenure rights and duties
10. Informal tenure |
10.3
Whenever States provide legal recognition to informal tenure, this should be done through participatory, gender-sensitive processes, having particular regard to tenants. In doing so, States should pay special attention to farmers and small-scale food producers. These processes should facilitate access to legalization services and minimize costs. State should strive to provide technical and legal support to communities and participants.
|
Right to equality before the law and equal protection of the law |
Convention of Belem do Para
Inter-American Convention on the Prevention, Punishment and Eradication of Violence Against Women (Convention of Belem do Para) |
4.f
Every woman has the right to the recognition, enjoyment, exercise and protection of all human rights and freedoms embodied in regional and international human rights instruments. These rights include, among others:
f. The right to equal protection before the law and of the law;
|
Administration of tenure
17. Records of tenure rights |
17.3
States should strive to ensure that everyone is able to record their tenure rights and obtain information without discrimination on any basis. Where
appropriate, implementing agencies, such as land registries, should establish service centres or mobile offices, having regard to accessibility by women, the poor and vulnerable groups. States should consider using locally-based professionals, such as lawyers, notaries, surveyors and social scientists to deliver information on tenure rights to the public
|
Right to equality before the law and equal protection of the law |
Convention of Belem do Para
Inter-American Convention on the Prevention, Punishment and Eradication of Violence Against Women (Convention of Belem do Para) |
4.f
Every woman has the right to the recognition, enjoyment, exercise and protection of all human rights and freedoms embodied in regional and international human rights instruments. These rights include, among others:
f. The right to equal protection before the law and of the law;
|
Administration of tenure
20. Regulated spatial planning |
20.2
States should develop through consultation and participation, and publicize, gender-sensitive policies and laws on regulated spatial planning. Where appropriate, formal planning systems should consider methods of planning and territorial development used by indigenous peoples and other communities with customary tenure systems, and decision-making
processes within those communities.
|
Right to equality before the law and equal protection of the law |
Convention of Belem do Para
Inter-American Convention on the Prevention, Punishment and Eradication of Violence Against Women (Convention of Belem do Para) |
4.f
Every woman has the right to the recognition, enjoyment, exercise and protection of all human rights and freedoms embodied in regional and international human rights instruments. These rights include, among others:
f. The right to equal protection before the law and of the law;
|
Responses to climate change and emergencies
25. Conflicts in respect to tenure of land, fisheries and forests |
25.6
Where restitution is not possible, the provision of secure access to alternative land, fisheries and forests and livelihoods for refugees and displaced persons should be negotiated with host communities and other
relevant parties to ensure that the resettlement does not jeopardize the livelihoods of others. Special procedures should, where possible, provide the vulnerable, including widows and orphans, with secure access to land,
fisheries and forests
|
Right to equality before the law and equal protection of the law |
ACHPR
African Charter on Human and Peoples' Rights |
3
Every individual shall be equal before the law
Every individual shall be entitled to equal protection of the law
|
General matters
4. Rights and responsibilities related to tenure |
4.7
States should consider providing non-discriminatory and gender-sensitive assistance where people are unable through their own actions to acquire tenure rights to sustain themselves, to gain access to the services of implementing agencies and judicial authorities, or to participate in processes that could affect their tenure rights
|
Right to equality before the law and equal protection of the law |
ACHPR
African Charter on Human and Peoples' Rights |
3
Every individual shall be equal before the law
Every individual shall be entitled to equal protection of the law
|
Legal recognition and allocation of tenure rights and duties
10. Informal tenure |
10.3
Whenever States provide legal recognition to informal tenure, this should be done through participatory, gender-sensitive processes, having particular regard to tenants. In doing so, States should pay special attention to farmers and small-scale food producers. These processes should facilitate access to legalization services and minimize costs. State should strive to provide technical and legal support to communities and participants.
|
Right to equality before the law and equal protection of the law |
ACHPR
African Charter on Human and Peoples' Rights |
3
Every individual shall be equal before the law
Every individual shall be entitled to equal protection of the law
|
Administration of tenure
17. Records of tenure rights |
17.3
States should strive to ensure that everyone is able to record their tenure rights and obtain information without discrimination on any basis. Where
appropriate, implementing agencies, such as land registries, should establish service centres or mobile offices, having regard to accessibility by women, the poor and vulnerable groups. States should consider using locally-based professionals, such as lawyers, notaries, surveyors and social scientists to deliver information on tenure rights to the public
|
Right to equality before the law and equal protection of the law |
ACHPR
African Charter on Human and Peoples' Rights |
3
Every individual shall be equal before the law
Every individual shall be entitled to equal protection of the law
|
Administration of tenure
20. Regulated spatial planning |
20.2
States should develop through consultation and participation, and publicize, gender-sensitive policies and laws on regulated spatial planning. Where appropriate, formal planning systems should consider methods of planning and territorial development used by indigenous peoples and other communities with customary tenure systems, and decision-making
processes within those communities.
|
Right to equality before the law and equal protection of the law |
ACHPR
African Charter on Human and Peoples' Rights |
3
Every individual shall be equal before the law
Every individual shall be entitled to equal protection of the law
|
Responses to climate change and emergencies
25. Conflicts in respect to tenure of land, fisheries and forests |
25.6
Where restitution is not possible, the provision of secure access to alternative land, fisheries and forests and livelihoods for refugees and displaced persons should be negotiated with host communities and other
relevant parties to ensure that the resettlement does not jeopardize the livelihoods of others. Special procedures should, where possible, provide the vulnerable, including widows and orphans, with secure access to land,
fisheries and forests
|
Right to equality before the law and equal protection of the law |
Maputo Protocol
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa |
VIII
Women and men are equal before the law and shall have the right to equal protection andbenefit of the law. States Parties shall take all appropriate measures to ensure:
a) Effective access by women to judicial and legal services, including legal aid;
b) Support to local, national, regional and continental initiatives directed at providing women access to legal services, including legal aid;
c) The establishment of adequate educational and other appropriate structures with particular attention to women and to sensitise everyone to the rights of women;
d) That law enforcement organs at all levels are equipped to effectively interpret and enforce gender equality rights;
e)that women are represented equally in the judiciary and law enforcement organs;
f) Reform of existing discriminatory laws and practices in order to promote and protect the rights of women.
|
General matters
4. Rights and responsibilities related to tenure |
4.7
States should consider providing non-discriminatory and gender-sensitive assistance where people are unable through their own actions to acquire tenure rights to sustain themselves, to gain access to the services of implementing agencies and judicial authorities, or to participate in processes that could affect their tenure rights
|
Right to equality before the law and equal protection of the law |
Maputo Protocol
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa |
VIII
Women and men are equal before the law and shall have the right to equal protection andbenefit of the law. States Parties shall take all appropriate measures to ensure:
a) Effective access by women to judicial and legal services, including legal aid;
b) Support to local, national, regional and continental initiatives directed at providing women access to legal services, including legal aid;
c) The establishment of adequate educational and other appropriate structures with particular attention to women and to sensitise everyone to the rights of women;
d) That law enforcement organs at all levels are equipped to effectively interpret and enforce gender equality rights;
e)that women are represented equally in the judiciary and law enforcement organs;
f) Reform of existing discriminatory laws and practices in order to promote and protect the rights of women.
|
Legal recognition and allocation of tenure rights and duties
10. Informal tenure |
10.3
Whenever States provide legal recognition to informal tenure, this should be done through participatory, gender-sensitive processes, having particular regard to tenants. In doing so, States should pay special attention to farmers and small-scale food producers. These processes should facilitate access to legalization services and minimize costs. State should strive to provide technical and legal support to communities and participants.
|
Right to equality before the law and equal protection of the law |
Maputo Protocol
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa |
VIII
Women and men are equal before the law and shall have the right to equal protection andbenefit of the law. States Parties shall take all appropriate measures to ensure:
a) Effective access by women to judicial and legal services, including legal aid;
b) Support to local, national, regional and continental initiatives directed at providing women access to legal services, including legal aid;
c) The establishment of adequate educational and other appropriate structures with particular attention to women and to sensitise everyone to the rights of women;
d) That law enforcement organs at all levels are equipped to effectively interpret and enforce gender equality rights;
e)that women are represented equally in the judiciary and law enforcement organs;
f) Reform of existing discriminatory laws and practices in order to promote and protect the rights of women.
|
Administration of tenure
17. Records of tenure rights |
17.3
States should strive to ensure that everyone is able to record their tenure rights and obtain information without discrimination on any basis. Where
appropriate, implementing agencies, such as land registries, should establish service centres or mobile offices, having regard to accessibility by women, the poor and vulnerable groups. States should consider using locally-based professionals, such as lawyers, notaries, surveyors and social scientists to deliver information on tenure rights to the public
|
Right to equality before the law and equal protection of the law |
Maputo Protocol
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa |
VIII
Women and men are equal before the law and shall have the right to equal protection andbenefit of the law. States Parties shall take all appropriate measures to ensure:
a) Effective access by women to judicial and legal services, including legal aid;
b) Support to local, national, regional and continental initiatives directed at providing women access to legal services, including legal aid;
c) The establishment of adequate educational and other appropriate structures with particular attention to women and to sensitise everyone to the rights of women;
d) That law enforcement organs at all levels are equipped to effectively interpret and enforce gender equality rights;
e)that women are represented equally in the judiciary and law enforcement organs;
f) Reform of existing discriminatory laws and practices in order to promote and protect the rights of women.
|
Administration of tenure
20. Regulated spatial planning |
20.2
States should develop through consultation and participation, and publicize, gender-sensitive policies and laws on regulated spatial planning. Where appropriate, formal planning systems should consider methods of planning and territorial development used by indigenous peoples and other communities with customary tenure systems, and decision-making
processes within those communities.
|
Right to equality before the law and equal protection of the law |
Maputo Protocol
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa |
VIII
Women and men are equal before the law and shall have the right to equal protection andbenefit of the law. States Parties shall take all appropriate measures to ensure:
a) Effective access by women to judicial and legal services, including legal aid;
b) Support to local, national, regional and continental initiatives directed at providing women access to legal services, including legal aid;
c) The establishment of adequate educational and other appropriate structures with particular attention to women and to sensitise everyone to the rights of women;
d) That law enforcement organs at all levels are equipped to effectively interpret and enforce gender equality rights;
e)that women are represented equally in the judiciary and law enforcement organs;
f) Reform of existing discriminatory laws and practices in order to promote and protect the rights of women.
|
Responses to climate change and emergencies
25. Conflicts in respect to tenure of land, fisheries and forests |
25.6
Where restitution is not possible, the provision of secure access to alternative land, fisheries and forests and livelihoods for refugees and displaced persons should be negotiated with host communities and other
relevant parties to ensure that the resettlement does not jeopardize the livelihoods of others. Special procedures should, where possible, provide the vulnerable, including widows and orphans, with secure access to land,
fisheries and forests
|
Right to equality before the law and equal protection of the law |
ADHR
ASEAN Declaration on Human Rights |
3
Every person has the right of recognition everywhere as a person before the law. Every person is equal before the law. Every person is entitled without discrimination to equal protection of the law.
|
General matters
4. Rights and responsibilities related to tenure |
4.7
States should consider providing non-discriminatory and gender-sensitive assistance where people are unable through their own actions to acquire tenure rights to sustain themselves, to gain access to the services of implementing agencies and judicial authorities, or to participate in processes that could affect their tenure rights
|
Right to equality before the law and equal protection of the law |
ADHR
ASEAN Declaration on Human Rights |
3
Every person has the right of recognition everywhere as a person before the law. Every person is equal before the law. Every person is entitled without discrimination to equal protection of the law.
|
Legal recognition and allocation of tenure rights and duties
10. Informal tenure |
10.3
Whenever States provide legal recognition to informal tenure, this should be done through participatory, gender-sensitive processes, having particular regard to tenants. In doing so, States should pay special attention to farmers and small-scale food producers. These processes should facilitate access to legalization services and minimize costs. State should strive to provide technical and legal support to communities and participants.
|
Right to equality before the law and equal protection of the law |
ADHR
ASEAN Declaration on Human Rights |
3
Every person has the right of recognition everywhere as a person before the law. Every person is equal before the law. Every person is entitled without discrimination to equal protection of the law.
|
Administration of tenure
17. Records of tenure rights |
17.3
States should strive to ensure that everyone is able to record their tenure rights and obtain information without discrimination on any basis. Where
appropriate, implementing agencies, such as land registries, should establish service centres or mobile offices, having regard to accessibility by women, the poor and vulnerable groups. States should consider using locally-based professionals, such as lawyers, notaries, surveyors and social scientists to deliver information on tenure rights to the public
|
Right to equality before the law and equal protection of the law |
ADHR
ASEAN Declaration on Human Rights |
3
Every person has the right of recognition everywhere as a person before the law. Every person is equal before the law. Every person is entitled without discrimination to equal protection of the law.
|
Administration of tenure
20. Regulated spatial planning |
20.2
States should develop through consultation and participation, and publicize, gender-sensitive policies and laws on regulated spatial planning. Where appropriate, formal planning systems should consider methods of planning and territorial development used by indigenous peoples and other communities with customary tenure systems, and decision-making
processes within those communities.
|
Right to equality before the law and equal protection of the law |
ADHR
ASEAN Declaration on Human Rights |
3
Every person has the right of recognition everywhere as a person before the law. Every person is equal before the law. Every person is entitled without discrimination to equal protection of the law.
|
Responses to climate change and emergencies
25. Conflicts in respect to tenure of land, fisheries and forests |
25.6
Where restitution is not possible, the provision of secure access to alternative land, fisheries and forests and livelihoods for refugees and displaced persons should be negotiated with host communities and other
relevant parties to ensure that the resettlement does not jeopardize the livelihoods of others. Special procedures should, where possible, provide the vulnerable, including widows and orphans, with secure access to land,
fisheries and forests
|