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VGGT Section VGGT Paragraph Human Right Human rights instrument Article

General matters

5. Policy, legal and organizational frameworks related to tenure

5.1

States should provide and maintain policy, legal and organizational frameworks that promote responsible governance of tenure of land, fisheries and forests. These frameworks are dependent on, and are supported by broader reforms to the legal system, public service and judicial authorities

Right to adequate food

Maputo Protocol
XV

States Parties shall ensure that women have the right to nutritious and adequate food. In this regard, they shall take appropriate measures to: a) Provide women with access to clean drinking water, sources of domestic fuel, land, and the means of producing nutritious food; b) Establish adequate systems of supply and storage to ensure food security.

Right to adequate housing

Maputo Protocol
XVI

Women shall have the right to equal access to housing and to acceptable living conditions in a healthy environment. To ensure this right, States Parties shall grant to women, whatever their marital status, access to adequate housing.

Right to development

Maputo Protocol
XIX

Women shall have the right to fully enjoy their right to sustainable development. In this connection, the States Parties shall take all appropriate measures to: a) Introduce the gender perspective in the national development planning procedures; b) Ensure participation of women at all levels in the conceptualisation, decision-making, implementation and evaluation of development policies and programmes; c) Promote women’s access to and control over productive resources such as land and guarantee their right to property; d) Promote women’s access to credit, training, skills development and extension services at rural and urban levels in order to provide women with a higher quality of life and reduce the level of poverty among women; e) Take into account indicators of human development specifically relating to women in the elaboration of development policies and programmes; and f) Ensure that the negative effects of globalisation and any adverse effects of the implementation of trade and economic policies and programmes are reduced to the minimum for women.

Right to equality before the law and equal protection of the law

Maputo Protocol
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.

Right to land

Maputo Protocol
XIX.c

Women shall have the right to fully enjoy their right to sustainable development. In this connection, the States Parties shall take all appropriate measures to: c) Promote women’s access to and control over productive resources such as land and guarantee their right to property;

XV

States Parties shall ensure that women have the right to nutritious and adequate food. In this regard, they shall take appropriate measures to: a) Provide women with access to clean drinking water, sources of domestic fuel, land, and the means of producing nutritious food; b) Establish adequate systems of supply and storage to ensure food security.

Right to property

Maputo Protocol
XIX.c

Women shall have the right to fully enjoy their right to sustainable development. In this connection, the States Parties shall take all appropriate measures to: c) Promote women’s access to and control over productive resources such as land and guarantee their right to property;

XX

1. A widow shall have the right to an equitable share in the inheritance of the property of her husband. A widow shall have the right to continue to live in the matrimonial house. In case of remarriage, she shall retain this right if the house belongs to her or she has inherited it. 2. Women and men shall have the right to inherit, in equitable shares, their parents’ properties.

Right to remedy

Maputo Protocol
XXV

The States Parties undertake to: a) Provide for appropriate remedies to any woman whose rights or freedoms, as herein recognised, have been violated; b) Ensure that such remedies are determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by law.

Right to take part in cultural life

Maputo Protocol
XVIII

Women shall have the right to live in a healthy and sustainable environment. 2. States Parties shall take all appropriate measures to: a) Ensure greater participation of women in the planning, management and preservation of the environment and the sustainable use of natural resources at all levels; b) Promote research and investment in new and renewable energy sources and appropriate technologies, including information technologies and facilitate women’s access to, and participation in their control; c) Protect and enable the development of women’s indigenous knowledge systems; d) Regulate the management, processing, storage and disposal of domestic waste; e) Ensure that proper standards are followed for the storage, transportation and disposal of toxic waste

Right to water

Maputo Protocol
XV

States Parties shall ensure that women have the right to nutritious and adequate food. In this regard, they shall take appropriate measures to: a) Provide women with access to clean drinking water, sources of domestic fuel, land, and the means of producing nutritious food; b) Establish adequate systems of supply and storage to ensure food security.

Right to work, to free choice of employment, right to enjoyment of just and favourable conditions of work

Maputo Protocol
XIII.a-e

States Parties shall adopt and enforce legislative and other measures to guarantee womenequal opportunities in work and career advancement and other economic opportunities. In this respect, they shall: a) Promote equality of access to employment; [...] d) Guarantee women the freedom to choose their occupation, and protect them from exploitation by their employers violating and exploiting their fundamental rights as recognised and guaranteed by conventions, laws and regulations in force; e) Create conditions to promote and support the occupations and economic activities of women, in particular, within the informal sector;

5.2

States should ensure that policy, legal and organizational frameworks for tenure governance 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

Maputo Protocol
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.

Right to participation

Maputo Protocol
IX

1. States Parties shall take specific positive action to promote participative governance and the equal participation of women in the political life of their countries through affirmative action, enabling national legislation and other measures to ensure that: a) Women participate without any discrimination in all elections; b) Women are represented equally at all levels with men in all electoral processes; c) Women are equal partners with men at all levels of development and implementation of State policies and development programmes. 2. States Parties shall ensure increased and effective representation and participation of women at all levels of decision-making.

XIX.b

Women shall have the right to fully enjoy their right to sustainable development. In this connection, the States Parties shall take all appropriate measures to: b) Ensure participation of women at all levels in the conceptualisation, decision-making, implementation and evaluation of development policies and programmes;

Right to remedy

Maputo Protocol
XXV

The States Parties undertake to: a) Provide for appropriate remedies to any woman whose rights or freedoms, as herein recognised, have been violated; b) Ensure that such remedies are determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by law.

5.3

States should ensure that policy, legal and organizational frameworks for tenure governance recognize and respect, in accordance with national laws, legitimate tenure rights including legitimate customary tenure rights that are not currently protected by law; and facilitate, promote and protect the exercise of tenure rights. Frameworks should reflect the social, cultural, economic and environmental significance of land, fisheries and forests. States should provide frameworks that are non-discriminatory and promote social equity and gender equality. Frameworks should reflect the interconnected relationships between land, fisheries and forests and their uses, and establish an integrated approach to their administration

Right to adequate food

Maputo Protocol
XV

States Parties shall ensure that women have the right to nutritious and adequate food. In this regard, they shall take appropriate measures to: a) Provide women with access to clean drinking water, sources of domestic fuel, land, and the means of producing nutritious food; b) Establish adequate systems of supply and storage to ensure food security.

Right to adequate housing

Maputo Protocol
XVI

Women shall have the right to equal access to housing and to acceptable living conditions in a healthy environment. To ensure this right, States Parties shall grant to women, whatever their marital status, access to adequate housing.

Right to development

Maputo Protocol
XIX

Women shall have the right to fully enjoy their right to sustainable development. In this connection, the States Parties shall take all appropriate measures to: a) Introduce the gender perspective in the national development planning procedures; b) Ensure participation of women at all levels in the conceptualisation, decision-making, implementation and evaluation of development policies and programmes; c) Promote women’s access to and control over productive resources such as land and guarantee their right to property; d) Promote women’s access to credit, training, skills development and extension services at rural and urban levels in order to provide women with a higher quality of life and reduce the level of poverty among women; e) Take into account indicators of human development specifically relating to women in the elaboration of development policies and programmes; and f) Ensure that the negative effects of globalisation and any adverse effects of the implementation of trade and economic policies and programmes are reduced to the minimum for women.

Right to equality and non-discrimination

Maputo Protocol
II.1

States Parties shall combat all forms of discrimination against women through appropriate legislative, institutional and other measures. In this regard they shall: a) include in their national constitutions and other legislative instruments, if not already done, the principle of equality between women and men and ensure its effective application; b) enact and effectively implement appropriate legislative or regulatory measures, including those prohibiting and curbing all forms of discrimination particularly those harmful practices which endanger the health and general well-being of women; c) integrate a gender perspective in their policy decisions, legislation, development plans, programmes and activities and in all other spheres of life; d) take corrective and positive action in those areas where discrimination against women in law and in fact continues to exist; e) support the local, national, regional and continental initiatives directed at eradicating all forms of discrimination against women.

XIX.a

Women shall have the right to fully enjoy their right to sustainable development. In this connection, the States Parties shall take all appropriate measures to: a) Introduce the gender perspective in the national development planning procedures;

XXIIIa

The States Parties undertake to: a) Ensure the protection of women with disabilities and take specific measures commensurate with their physical, economic and social needs to facilitate their access to employment, professional and vocational training as well as their participation in decision-making;

Right to a healthy environment

Maputo Protocol
XVI

Women shall have the right to equal access to housing and to acceptable living conditions in a healthy environment. To ensure this right, States Parties shall grant to women, whatever their marital status, access to adequate housing.

XVIII

Women shall have the right to live in a healthy and sustainable environment. 2. States Parties shall take all appropriate measures to: a) Ensure greater participation of women in the planning, management and preservation of the environment and the sustainable use of natural resources at all levels; b) Promote research and investment in new and renewable energy sources and appropriate technologies, including information technologies and facilitate women’s access to, and participation in their control; c) Protect and enable the development of women’s indigenous knowledge systems; d) Regulate the management, processing, storage and disposal of domestic waste; e) Ensure that proper standards are followed for the storage, transportation and disposal of toxic waste

Right to land

Maputo Protocol
XIX.c

Women shall have the right to fully enjoy their right to sustainable development. In this connection, the States Parties shall take all appropriate measures to: c) Promote women’s access to and control over productive resources such as land and guarantee their right to property;

XV

States Parties shall ensure that women have the right to nutritious and adequate food. In this regard, they shall take appropriate measures to: a) Provide women with access to clean drinking water, sources of domestic fuel, land, and the means of producing nutritious food; b) Establish adequate systems of supply and storage to ensure food security.

Right to property

Maputo Protocol
XIX.c

Women shall have the right to fully enjoy their right to sustainable development. In this connection, the States Parties shall take all appropriate measures to: c) Promote women’s access to and control over productive resources such as land and guarantee their right to property;

XX

1. A widow shall have the right to an equitable share in the inheritance of the property of her husband. A widow shall have the right to continue to live in the matrimonial house. In case of remarriage, she shall retain this right if the house belongs to her or she has inherited it. 2. Women and men shall have the right to inherit, in equitable shares, their parents’ properties.

Right to take part in cultural life

Maputo Protocol
XVIII

Women shall have the right to live in a healthy and sustainable environment. 2. States Parties shall take all appropriate measures to: a) Ensure greater participation of women in the planning, management and preservation of the environment and the sustainable use of natural resources at all levels; b) Promote research and investment in new and renewable energy sources and appropriate technologies, including information technologies and facilitate women’s access to, and participation in their control; c) Protect and enable the development of women’s indigenous knowledge systems; d) Regulate the management, processing, storage and disposal of domestic waste; e) Ensure that proper standards are followed for the storage, transportation and disposal of toxic waste

Right to water

Maputo Protocol
XV

States Parties shall ensure that women have the right to nutritious and adequate food. In this regard, they shall take appropriate measures to: a) Provide women with access to clean drinking water, sources of domestic fuel, land, and the means of producing nutritious food; b) Establish adequate systems of supply and storage to ensure food security.

5.4

States should consider the particular obstacles faced by women and girls with regard to tenure and associated tenure rights, and take measures to ensure that legal and policy frameworks provide adequate protection for women and that laws that recognize women’s tenure rights are implemented and enforced. States should ensure that women can legally enter into contracts concerning tenure rights on the basis of equality with men and should strive to provide legal services and other assistance to enable women to defend their tenure interests.

Right to equality and non-discrimination

Maputo Protocol
II.1

States Parties shall combat all forms of discrimination against women through appropriate legislative, institutional and other measures. In this regard they shall: a) include in their national constitutions and other legislative instruments, if not already done, the principle of equality between women and men and ensure its effective application; b) enact and effectively implement appropriate legislative or regulatory measures, including those prohibiting and curbing all forms of discrimination particularly those harmful practices which endanger the health and general well-being of women; c) integrate a gender perspective in their policy decisions, legislation, development plans, programmes and activities and in all other spheres of life; d) take corrective and positive action in those areas where discrimination against women in law and in fact continues to exist; e) support the local, national, regional and continental initiatives directed at eradicating all forms of discrimination against women.

XIX.a

Women shall have the right to fully enjoy their right to sustainable development. In this connection, the States Parties shall take all appropriate measures to: a) Introduce the gender perspective in the national development planning procedures;

XXIIIa

The States Parties undertake to: a) Ensure the protection of women with disabilities and take specific measures commensurate with their physical, economic and social needs to facilitate their access to employment, professional and vocational training as well as their participation in decision-making;

Right to equality before the law and equal protection of the law

Maputo Protocol
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.

Right to property

Maputo Protocol
XIX.c

Women shall have the right to fully enjoy their right to sustainable development. In this connection, the States Parties shall take all appropriate measures to: c) Promote women’s access to and control over productive resources such as land and guarantee their right to property;

XX

1. A widow shall have the right to an equitable share in the inheritance of the property of her husband. A widow shall have the right to continue to live in the matrimonial house. In case of remarriage, she shall retain this right if the house belongs to her or she has inherited it. 2. Women and men shall have the right to inherit, in equitable shares, their parents’ properties.

5.5

States should develop relevant policies, laws and procedures through participatory processes involving all affected parties, ensuring that both men and women are included from the outset. Policies, laws and procedures should take into account the capacity to implement. They should incorporate gender-sensitive approaches, be clearly expressed in applicable languages, and widely publicized.

Right to equality and non-discrimination

Maputo Protocol
II.1

States Parties shall combat all forms of discrimination against women through appropriate legislative, institutional and other measures. In this regard they shall: a) include in their national constitutions and other legislative instruments, if not already done, the principle of equality between women and men and ensure its effective application; b) enact and effectively implement appropriate legislative or regulatory measures, including those prohibiting and curbing all forms of discrimination particularly those harmful practices which endanger the health and general well-being of women; c) integrate a gender perspective in their policy decisions, legislation, development plans, programmes and activities and in all other spheres of life; d) take corrective and positive action in those areas where discrimination against women in law and in fact continues to exist; e) support the local, national, regional and continental initiatives directed at eradicating all forms of discrimination against women.

XIX.a

Women shall have the right to fully enjoy their right to sustainable development. In this connection, the States Parties shall take all appropriate measures to: a) Introduce the gender perspective in the national development planning procedures;

XXIIIa

The States Parties undertake to: a) Ensure the protection of women with disabilities and take specific measures commensurate with their physical, economic and social needs to facilitate their access to employment, professional and vocational training as well as their participation in decision-making;

Right to participation

Maputo Protocol
IX

1. States Parties shall take specific positive action to promote participative governance and the equal participation of women in the political life of their countries through affirmative action, enabling national legislation and other measures to ensure that: a) Women participate without any discrimination in all elections; b) Women are represented equally at all levels with men in all electoral processes; c) Women are equal partners with men at all levels of development and implementation of State policies and development programmes. 2. States Parties shall ensure increased and effective representation and participation of women at all levels of decision-making.

XIX.b

Women shall have the right to fully enjoy their right to sustainable development. In this connection, the States Parties shall take all appropriate measures to: b) Ensure participation of women at all levels in the conceptualisation, decision-making, implementation and evaluation of development policies and programmes;

5.6

States should place responsibilities at levels of government that can most effectively deliver services to the people. States should clearly define the roles and responsibilities of agencies dealing with tenure of land, fisheries and forests. States should ensure coordination between implementing agencies, as well as with local governments, and indigenous peoples and other communities with customary tenure systems

Right to equality before the law and equal protection of the law

Maputo Protocol
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.

Right to participation

Maputo Protocol
IX

1. States Parties shall take specific positive action to promote participative governance and the equal participation of women in the political life of their countries through affirmative action, enabling national legislation and other measures to ensure that: a) Women participate without any discrimination in all elections; b) Women are represented equally at all levels with men in all electoral processes; c) Women are equal partners with men at all levels of development and implementation of State policies and development programmes. 2. States Parties shall ensure increased and effective representation and participation of women at all levels of decision-making.

XIX.b

Women shall have the right to fully enjoy their right to sustainable development. In this connection, the States Parties shall take all appropriate measures to: b) Ensure participation of women at all levels in the conceptualisation, decision-making, implementation and evaluation of development policies and programmes;

Right to remedy

Maputo Protocol
XXV

The States Parties undertake to: a) Provide for appropriate remedies to any woman whose rights or freedoms, as herein recognised, have been violated; b) Ensure that such remedies are determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by law.

5.7

States should define and publicize opportunities for civil society, private sector and academia to contribute to developing and implementing policy, legal and organizational frameworks as appropriate.

Right to participation

Maputo Protocol
IX

1. States Parties shall take specific positive action to promote participative governance and the equal participation of women in the political life of their countries through affirmative action, enabling national legislation and other measures to ensure that: a) Women participate without any discrimination in all elections; b) Women are represented equally at all levels with men in all electoral processes; c) Women are equal partners with men at all levels of development and implementation of State policies and development programmes. 2. States Parties shall ensure increased and effective representation and participation of women at all levels of decision-making.

XIX.b

Women shall have the right to fully enjoy their right to sustainable development. In this connection, the States Parties shall take all appropriate measures to: b) Ensure participation of women at all levels in the conceptualisation, decision-making, implementation and evaluation of development policies and programmes;

5.8

States and other parties should regularly review and monitor policy, legal and organizational frameworks to maintain their effectiveness. Implementing agencies and judicial authorities should engage with civil society, user representatives and the broader public to improve services and endeavour to prevent corruption through transparent processes and decision-making. Information about changes and their anticipated impacts should be clearly stated and widely publicized in applicable languages.

Right to equality before the law and equal protection of the law

Maputo Protocol
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.

Right to participation

Maputo Protocol
IX

1. States Parties shall take specific positive action to promote participative governance and the equal participation of women in the political life of their countries through affirmative action, enabling national legislation and other measures to ensure that: a) Women participate without any discrimination in all elections; b) Women are represented equally at all levels with men in all electoral processes; c) Women are equal partners with men at all levels of development and implementation of State policies and development programmes. 2. States Parties shall ensure increased and effective representation and participation of women at all levels of decision-making.

XIX.b

Women shall have the right to fully enjoy their right to sustainable development. In this connection, the States Parties shall take all appropriate measures to: b) Ensure participation of women at all levels in the conceptualisation, decision-making, implementation and evaluation of development policies and programmes;

Right to remedy

Maputo Protocol
XXV

The States Parties undertake to: a) Provide for appropriate remedies to any woman whose rights or freedoms, as herein recognised, have been violated; b) Ensure that such remedies are determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by law.

5.9

States should recognize that policies and laws on tenure rights operate in the broader political, legal, social, cultural, religious, economic and environmental contexts. Where the broader contexts change, and where reforms to tenure are therefore required, States should seek to develop national consensus on proposed reforms.

Right to development

Maputo Protocol
XIX

Women shall have the right to fully enjoy their right to sustainable development. In this connection, the States Parties shall take all appropriate measures to: a) Introduce the gender perspective in the national development planning procedures; b) Ensure participation of women at all levels in the conceptualisation, decision-making, implementation and evaluation of development policies and programmes; c) Promote women’s access to and control over productive resources such as land and guarantee their right to property; d) Promote women’s access to credit, training, skills development and extension services at rural and urban levels in order to provide women with a higher quality of life and reduce the level of poverty among women; e) Take into account indicators of human development specifically relating to women in the elaboration of development policies and programmes; and f) Ensure that the negative effects of globalisation and any adverse effects of the implementation of trade and economic policies and programmes are reduced to the minimum for women.

Right to a healthy environment

Maputo Protocol
XVI

Women shall have the right to equal access to housing and to acceptable living conditions in a healthy environment. To ensure this right, States Parties shall grant to women, whatever their marital status, access to adequate housing.

XVIII

Women shall have the right to live in a healthy and sustainable environment. 2. States Parties shall take all appropriate measures to: a) Ensure greater participation of women in the planning, management and preservation of the environment and the sustainable use of natural resources at all levels; b) Promote research and investment in new and renewable energy sources and appropriate technologies, including information technologies and facilitate women’s access to, and participation in their control; c) Protect and enable the development of women’s indigenous knowledge systems; d) Regulate the management, processing, storage and disposal of domestic waste; e) Ensure that proper standards are followed for the storage, transportation and disposal of toxic waste

Right to take part in cultural life

Maputo Protocol
XVIII

Women shall have the right to live in a healthy and sustainable environment. 2. States Parties shall take all appropriate measures to: a) Ensure greater participation of women in the planning, management and preservation of the environment and the sustainable use of natural resources at all levels; b) Promote research and investment in new and renewable energy sources and appropriate technologies, including information technologies and facilitate women’s access to, and participation in their control; c) Protect and enable the development of women’s indigenous knowledge systems; d) Regulate the management, processing, storage and disposal of domestic waste; e) Ensure that proper standards are followed for the storage, transportation and disposal of toxic waste