General matters
4. Rights and responsibilities related to tenure |
4.9
States should provide access through impartial and competent judicial and administrative bodies to timely, affordable and effective means of resolving disputes over tenure rights, including alternative means of
resolving such disputes, and should provide effective remedies, which may include a right of appeal, as appropriate. Such remedies should be
promptly enforced and may include restitution, indemnity, compensation and reparation. States should strive to ensure that vulnerable and marginalized persons have access to such means, in line with paragraphs 6.6 and 21.6. States should ensure that any person whose human rights are violated in the context of tenure has access to such means of dispute
resolution and remedies |
Right to equality before the law and equal protection of the law
|
|
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 |
4.9
States should provide access through impartial and competent judicial and administrative bodies to timely, affordable and effective means of resolving disputes over tenure rights, including alternative means of
resolving such disputes, and should provide effective remedies, which may include a right of appeal, as appropriate. Such remedies should be
promptly enforced and may include restitution, indemnity, compensation and reparation. States should strive to ensure that vulnerable and marginalized persons have access to such means, in line with paragraphs 6.6 and 21.6. States should ensure that any person whose human rights are violated in the context of tenure has access to such means of dispute
resolution and remedies |
Right to equality before the law and equal protection of the law
|
|
3
Every individual shall be equal before the law
Every individual shall be entitled to equal protection of the law
|
Administration of tenure
21. Resolution of disputes over tenure rights |
21.3
States should strengthen and develop alternative forms of dispute resolution, especially at the local level. Where customary or other established forms of dispute settlement exist, they should provide for fair, reliable, accessible and non-discriminatory ways of promptly resolving disputes over tenure rights |
Right to equality before the law and equal protection of the law
|
|
3
Every individual shall be equal before the law
Every individual shall be entitled to equal protection of the law
|
Administration of tenure
21. Resolution of disputes over tenure rights |
21.4
States may consider using implementing agencies to resolve disputes within their technical expertise, such as those responsible for surveying to resolve boundary disputes between individual parcels within national
contexts. Decisions should be delivered in writing and based on objective reasoning, and there should be a right to appeal to the judicial authorities. |
Right to equality before the law and equal protection of the law
|
|
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 |
25.3
In order that tenure problems do not lead to conflicts, all parties should take steps to resolve such problems through peaceful means. States should revise relevant policies and laws to eliminate discrimination and other factors that can be a cause of conflicts. Where appropriate, States
may consider using customary and other local mechanisms that provide fair, reliable, gender-sensitive, accessible and non-discriminatory ways of promptly resolving disputes over tenure rights to land, fisheries and forests. |
Right to equality before the law and equal protection of the law
|
|
3
Every individual shall be equal before the law
Every individual shall be entitled to equal protection of the law
|