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VGGT sections
Human Rights
Land issues
Instrument
Countries
Land issue | VGGT Section | VGGT Paragraph | Human Right | Human rights instrument | Article |
---|---|---|---|---|---|
Ensure and respect the rule of law |
|
14.1Where appropriate, considering their national context, States should consider providing restitution for the loss of legitimate tenure rights to land, fisheries and forests. States should ensure that all actions are consistent with their existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments. |
Right to equality before the law and equal protection of the law |
ECHR Protocol No. 12Protocol No. 12 to the European Convention for the Protection of Human Rights and Fundamental Freedoms |
1The 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. |
ICRPDInternational Convention on the Rights of Persons with Disabilities |
121. 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. |
||||
5.11. 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. |
|||||
ILO C169Indigenous and Tribal Peoples Convention, 1989 (no.169) – ILO 169 |
12The 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. |
||||
ICEDAWInternational Convention on the Elimination of All Forms of Discrimination Against Women |
151. 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. |
||||
2.b & 2.cStates 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 |
|||||
ICERDInternational Convention on the Elimination of All Forms of Racial Discrimination |
2.1.a1. 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; |
||||
ICRMWInternational Convention on the Protection of The Rights of All Migrant Workers and Members of Their Families |
24Every migrant worker and every member of his or her family shall have the right to recognition everywhere as a person before the law. |
||||
ACHRAmerican Convention on Human Rights |
24All persons are equal before the law. Consequently, they are entitled, without discrimination, to equal protection of the law. |
||||
3Every person has the right to recognition as a person before the law. |
|||||
ICCPRInternational Covenant on Civil and Political Rights |
26All 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. |
||||
ACHPRAfrican Charter on Human and Peoples' Rights |
3Every individual shall be equal before the law Every individual shall be entitled to equal protection of the law |
||||
ADHRASEAN Declaration on Human Rights |
3Every 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. |
||||
European Framework Convention on MinoritiesCouncil of Europe Framework Convention for the Protection of National Minorities |
4,1The 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. |
||||
Convention of Belem do ParaInter-American Convention on the Prevention, Punishment and Eradication of Violence Against Women (Convention of Belem do Para) |
4.fEvery 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; |
||||
UDHRUniversal Declaration of human rights |
6Everyone has the right to recognition everywhere as a person before the law |
||||
7All 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. |
|||||
ADRDMAmerican Declaration on the Rights and Duties of Man |
IIAll 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. |
||||
Maputo ProtocolProtocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa |
VIIIWomen 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. |
||||
Protecting and ensuring women's rights |
|
14.4States should develop gender-sensitive policies and laws that provide for clear, transparent processes for restitution. Information on restitution procedures should be widely disseminated in applicable languages. Claimants should be provided with adequate assistance, including through legal and paralegal aid, throughout the process. States should ensure that restitution claims are promptly processed. Where necessary, successful claimants should be provided with support services so that they can enjoy their tenure rights and fulfil their duties. Progress of implementation should be widely publicized |
Right to equality before the law and equal protection of the law |
ECHR Protocol No. 12Protocol No. 12 to the European Convention for the Protection of Human Rights and Fundamental Freedoms |
1The 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. |
ICRPDInternational Convention on the Rights of Persons with Disabilities |
121. 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. |
||||
5.11. 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. |
|||||
ILO C169Indigenous and Tribal Peoples Convention, 1989 (no.169) – ILO 169 |
12The 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. |
||||
ICEDAWInternational Convention on the Elimination of All Forms of Discrimination Against Women |
151. 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. |
||||
2.b & 2.cStates 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 |
|||||
ICERDInternational Convention on the Elimination of All Forms of Racial Discrimination |
2.1.a1. 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; |
||||
ICRMWInternational Convention on the Protection of The Rights of All Migrant Workers and Members of Their Families |
24Every migrant worker and every member of his or her family shall have the right to recognition everywhere as a person before the law. |
||||
ACHRAmerican Convention on Human Rights |
24All persons are equal before the law. Consequently, they are entitled, without discrimination, to equal protection of the law. |
||||
3Every person has the right to recognition as a person before the law. |
|||||
ICCPRInternational Covenant on Civil and Political Rights |
26All 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. |
||||
ACHPRAfrican Charter on Human and Peoples' Rights |
3Every individual shall be equal before the law Every individual shall be entitled to equal protection of the law |
||||
ADHRASEAN Declaration on Human Rights |
3Every 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. |
||||
European Framework Convention on MinoritiesCouncil of Europe Framework Convention for the Protection of National Minorities |
4,1The 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. |
||||
Convention of Belem do ParaInter-American Convention on the Prevention, Punishment and Eradication of Violence Against Women (Convention of Belem do Para) |
4.fEvery 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; |
||||
UDHRUniversal Declaration of human rights |
6Everyone has the right to recognition everywhere as a person before the law |
||||
7All 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. |
|||||
ADRDMAmerican Declaration on the Rights and Duties of Man |
IIAll 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. |
||||
Maputo ProtocolProtocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa |
VIIIWomen 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. |
||||
Access to justice and remedy |
|
14.4States should develop gender-sensitive policies and laws that provide for clear, transparent processes for restitution. Information on restitution procedures should be widely disseminated in applicable languages. Claimants should be provided with adequate assistance, including through legal and paralegal aid, throughout the process. States should ensure that restitution claims are promptly processed. Where necessary, successful claimants should be provided with support services so that they can enjoy their tenure rights and fulfil their duties. Progress of implementation should be widely publicized |
Right to equality before the law and equal protection of the law |
ECHR Protocol No. 12Protocol No. 12 to the European Convention for the Protection of Human Rights and Fundamental Freedoms |
1The 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. |
ICRPDInternational Convention on the Rights of Persons with Disabilities |
121. 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. |
||||
5.11. 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. |
|||||
ILO C169Indigenous and Tribal Peoples Convention, 1989 (no.169) – ILO 169 |
12The 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. |
||||
ICEDAWInternational Convention on the Elimination of All Forms of Discrimination Against Women |
151. 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. |
||||
2.b & 2.cStates 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 |
|||||
ICERDInternational Convention on the Elimination of All Forms of Racial Discrimination |
2.1.a1. 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; |
||||
ICRMWInternational Convention on the Protection of The Rights of All Migrant Workers and Members of Their Families |
24Every migrant worker and every member of his or her family shall have the right to recognition everywhere as a person before the law. |
||||
ACHRAmerican Convention on Human Rights |
24All persons are equal before the law. Consequently, they are entitled, without discrimination, to equal protection of the law. |
||||
3Every person has the right to recognition as a person before the law. |
|||||
ICCPRInternational Covenant on Civil and Political Rights |
26All 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. |
||||
ACHPRAfrican Charter on Human and Peoples' Rights |
3Every individual shall be equal before the law Every individual shall be entitled to equal protection of the law |
||||
ADHRASEAN Declaration on Human Rights |
3Every 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. |
||||
European Framework Convention on MinoritiesCouncil of Europe Framework Convention for the Protection of National Minorities |
4,1The 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. |
||||
Convention of Belem do ParaInter-American Convention on the Prevention, Punishment and Eradication of Violence Against Women (Convention of Belem do Para) |
4.fEvery 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; |
||||
UDHRUniversal Declaration of human rights |
6Everyone has the right to recognition everywhere as a person before the law |
||||
7All 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. |
|||||
ADRDMAmerican Declaration on the Rights and Duties of Man |
IIAll 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. |
||||
Maputo ProtocolProtocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa |
VIIIWomen 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. |