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Human Rights Land issues

VGGT Section	VGGT Paragraph	Human Right	Human rights instrument	Article
General matters 3. Guiding principles of responsible tenure governance	3.1.3 States should: Promote and facilitate the enjoyment of legitimate tenure rights. They should take active measures to promote and facilitate the full realization of tenure rights or the making of transactions with the rights, such as ensuring that services are accessible to all.	Right to equality before courts and tribunals and to a fair trial Human rights note As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32.	ICEDAW	15.2 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.
			ICEDAW		General matters 3. Guiding principles of responsible tenure governance	3.1.3 States should: Promote and facilitate the enjoyment of legitimate tenure rights. They should take active measures to promote and facilitate the full realization of tenure rights or the making of transactions with the rights, such as ensuring that services are accessible to all.	Right to equality before courts and tribunals and to a fair trial Human rights note As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32.	ICEDAW	15.2 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.
Legal recognition and allocation of tenure rights and duties 8. Public land, fisheries and forests	8.10 To the extent that resources permit, States should ensure that competent bodies responsible for land, fisheries and forests have the human, physical, financial and other forms of capacity. Where responsibilities for tenure governance are delegated, the recipients should receive training and other support so they can perform those responsibilities.	Right to equality before courts and tribunals and to a fair trial Human rights note This aspect can be said to be implicit in States' obligations to respect, protect and fulfil the human rights listed under "Public land, fisheries and forests" (guideline 8.1 to 8.9) ILO C169 and UNDROP address explicitly the matter (see for example ILO C169 art 33 and UNDROP art 12.4). In connection with the aspect of the delegation of tenure governance addressed under guideline 8.10, the provisions concerning recognition and strengthening of traditional institutions under ILO C169, UNDRIP and UNDROP and the right to self-determination are also focused on here.	ICEDAW	15.2 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.
Transfers and other changes to tenure rights and duties 12. Investments	12.14 States and affected parties should contribute to the effective monitoring of the implementation and impacts of agreements involving large-scale transactions in tenure rights, including acquisitions and partnership agreements. States should take corrective action where necessary to enforce agreements and protect tenure and other rights and provide mechanisms whereby aggrieved parties can request such action.	Right to equality before courts and tribunals and to a fair trial	ICEDAW	15.2 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.
Responses to climate change and emergencies 25. Conflicts in respect to tenure of land, fisheries and forests	25.7 Where appropriate, policies and laws should be revised to address preexisting discrimination as well as discrimination introduced during the conflicts. Where appropriate or required, relevant agencies should be re-established to deliver services necessary for responsible tenure governance	Right to equality before courts and tribunals and to a fair trial Human rights note In this section, reference is made to the human rights standards underpinning the principles of responsible tenure in guideline 3.1. For additional explanatory notes concerning these standards see guideline 3.1.	ICEDAW	15.2 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.