Legal recognition and allocation of tenure rights and duties
10. Informal tenure |
10.1
Where informal tenure to land, fisheries and forests exists, States should acknowledge it in a manner that respects existing formal rights under national law and in ways that recognize the reality of the situation and promote social, economic and environmental well-being. States should promote policies and laws to provide recognition to such informal tenure. The process of establishing these policies and laws should be
participatory, gender sensitive and strive to make provision for technical and legal support to affected communities and individuals. In particular,
States should acknowledge the emergence of informal tenure arising from large-scale migrations. |
Right to equality before the law and equal protection of the law
|
|
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 |
10.2
States should ensure that all actions regarding informal tenure are consistent with their existing obligations under national and international law, and with due regard to voluntary commitments under applicable regional and international instruments, including as appropriate to the
right to adequate housing |
Right to equality before the law and equal protection of the law
|
|
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
|
|
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 |
10.6
Where it is not possible to provide legal recognition to informal tenure, States should prevent forced evictions that violate existing obligations under national and international law, and consistent with relevant
provisions under Section 16. |
Right to equality before the law and equal protection of the law
|
|
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.
|
