16.1
Subject to their national law and legislation and in accordance with national context, States should expropriate only where rights to land, fisheries or
forests are required for a public purpose. States should clearly define the concept of public purpose in law, in order to allow for judicial review. States should ensure that all actions are consistent with their national law as well as their existing obligations under national and international law, and with due regard to voluntary commitments under applicable
regional and international instruments. They should respect all legitimate tenure right holders, especially vulnerable and marginalized groups, by
acquiring the minimum resources necessary and promptly providing just compensation in accordance with national law |
4g
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:
g. The right to simple and prompt recourse to a competent court for protection against acts that violate her rights;
|