General matters
3. Guiding principles of responsible tenure governance |
3.1.4
States should: Provide access to justice to deal with infringements of legitimate tenure rights. They should provide effective and accessible means to everyone, through judicial authorities or other approaches, to
resolve disputes over tenure rights; and to provide affordable and prompt enforcement of outcomes. States should provide prompt, just compensation where tenure rights are taken for public purposes. |
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.
|
General matters
3. Guiding principles of responsible tenure governance |
3.1.4
States should: Provide access to justice to deal with infringements of legitimate tenure rights. They should provide effective and accessible means to everyone, through judicial authorities or other approaches, to
resolve disputes over tenure rights; and to provide affordable and prompt enforcement of outcomes. States should provide prompt, just compensation where tenure rights are taken for public purposes. |
Right to remedy
|
|
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.
|
General matters
3. Guiding principles of responsible tenure governance |
3.2
Non-state actors including business enterprises have a responsibility to respect human rights and legitimate tenure rights. Business enterprises should act with due diligence to avoid infringing on the human rights and
legitimate tenure rights of others. They should include appropriate risk management systems to prevent and address adverse impacts on human rights and legitimate tenure rights. Business enterprises should provide for
and cooperate in non-judicial mechanisms to provide remedy, including effective operational-level grievance mechanisms, where appropriate, where they have caused or contributed to adverse impacts on human rights and legitimate tenure rights. Business enterprises should identify and assess any actual or potential impacts on human rights and legitimate tenure rights in which they may be involved. States, in accordance with their international obligations, should provide access to effective judicial remedies for negative impacts on human rights and legitimate tenure rights by business enterprises. Where transnational corporations are involved, their home States have roles to play in assisting both those corporations and host States to ensure that businesses are not involved in abuse of human rights and legitimate tenure rights. States should take additional steps to protect against abuses of human rights and legitimate tenure rights by business enterprises that are owned or controlled by the State, or that receive substantial support and service from State agencies. |
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.
|
General matters
3. Guiding principles of responsible tenure governance |
3.2
Non-state actors including business enterprises have a responsibility to respect human rights and legitimate tenure rights. Business enterprises should act with due diligence to avoid infringing on the human rights and
legitimate tenure rights of others. They should include appropriate risk management systems to prevent and address adverse impacts on human rights and legitimate tenure rights. Business enterprises should provide for
and cooperate in non-judicial mechanisms to provide remedy, including effective operational-level grievance mechanisms, where appropriate, where they have caused or contributed to adverse impacts on human rights and legitimate tenure rights. Business enterprises should identify and assess any actual or potential impacts on human rights and legitimate tenure rights in which they may be involved. States, in accordance with their international obligations, should provide access to effective judicial remedies for negative impacts on human rights and legitimate tenure rights by business enterprises. Where transnational corporations are involved, their home States have roles to play in assisting both those corporations and host States to ensure that businesses are not involved in abuse of human rights and legitimate tenure rights. States should take additional steps to protect against abuses of human rights and legitimate tenure rights by business enterprises that are owned or controlled by the State, or that receive substantial support and service from State agencies. |
Right to remedy
|
|
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.
|
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
|
|
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.
|
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 remedy
|
|
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.
|
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 remedy
|
|
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.
|
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 take part in cultural life
|
|
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
|
Legal recognition and allocation of tenure rights and duties
7. Safeguards |
7.3
Where States intend to recognize or allocate tenure rights, they should first identify all existing tenure rights and right holders, whether recorded or not. Indigenous peoples and other communities with customary tenure systems, smallholders and anyone else who could be affected should be included in the consultation process, consistent with paragraphs 3B.6 and 9.9. States should provide access to justice, consistent with paragraph 4.9 if people believe their tenure rights are not recognized. |
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
7. Safeguards |
7.3
Where States intend to recognize or allocate tenure rights, they should first identify all existing tenure rights and right holders, whether recorded or not. Indigenous peoples and other communities with customary tenure systems, smallholders and anyone else who could be affected should be included in the consultation process, consistent with paragraphs 3B.6 and 9.9. States should provide access to justice, consistent with paragraph 4.9 if people believe their tenure rights are not recognized. |
Right to remedy
|
|
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.
|
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 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.
|
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 remedy
|
|
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.
|
Transfers and other changes to tenure rights and duties
13. Land consolidation and other readjustment approaches |
13.3
Where appropriate, States may consider encouraging and facilitating land consolidation and land banks in environmental protection and infrastructure projects to facilitate the acquisition of private land for such
public projects, and to provide affected owners, farmers and small-scale food producers with land in compensation that will allow them to continue,
and even increase, production |
Right to remedy
|
|
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.
|
Transfers and other changes to tenure rights and duties
14. Restitution |
14.1
Where appropriate, considering their national context, States should consider providing restitution for the loss of legitimate tenure rights
to land, fisheries and forests. States should ensure that all actions 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 remedy
|
|
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.
|
Transfers and other changes to tenure rights and duties
14. Restitution |
14.2
Where possible, the original parcels or holdings should be returned to those who suffered the loss, or their heirs, by resolution of the competent
national authorities. Where the original parcel or holding cannot be returned, States should provide prompt and just compensation in the
form of money and/or alternative parcels or holdings, ensuring equitable
treatment of all affected people. |
Right to remedy
|
|
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.
|
Transfers and other changes to tenure rights and duties
14. Restitution |
14.3
Where appropriate, the concerns of indigenous peoples regarding restitution should be addressed in the national context and in accordance
with national law and legislation. |
Right to remedy
|
|
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.
|
Transfers and other changes to tenure rights and duties
14. Restitution |
14.4
States should develop gender-sensitive policies and laws that provide for clear, transparent processes for restitution. Information on restitution procedures should be widely disseminated in applicable languages.
Claimants should be provided with adequate assistance, including through legal and paralegal aid, throughout the process. States should ensure that restitution claims are promptly processed. Where necessary, successful claimants should be provided with support services so that they can enjoy their tenure rights and fulfil their duties. Progress of implementation should be widely publicized |
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.
|
Transfers and other changes to tenure rights and duties
15. Redistributive reforms |
15.4
Where States choose to implement redistributive reforms, they should ensure that the reforms are consistent with their obligations under
national and international law, and voluntary commitments under applicable regional and international instruments. Reforms should follow
the rule of law and be implemented according to national laws and procedures. States should facilitate the development of consultations,
consistent with the principles of these Guidelines, on the redistribution, including balancing the needs of all parties, and on the approaches to
be used. Partnerships between the State; communities; civil society; the private sector; organizations of farmers and small-scale food producers, of fishers, and of forest users; and other parties should be developed.
The financial and other contributions expected of beneficiaries should be reasonable and not leave them with unmanageable debt loads. Those who
give up their tenure rights to land, fisheries and forests should receive equivalent payments without undue delay. |
Right to remedy
|
|
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.
|
Transfers and other changes to tenure rights and duties
15. Redistributive reforms |
15.9
States should implement redistributive reforms through transparent, participatory and accountable approaches and procedures. All affected
parties should be accorded with due process and just compensation according to national law and the provisions of Section 16. All affected
parties, including disadvantaged groups, should receive full and clear information on the reforms, including through gender-targeted messages.
Beneficiaries should be selected through open processes, and they should receive secure tenure rights that are publicly recorded. Access to means of resolving disputes should be provided for under national law. States should endeavour to prevent corruption in redistributive reform programmes, particularly through greater transparency and participation. |
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.
|
Transfers and other changes to tenure rights and duties
15. Redistributive reforms |
15.9
States should implement redistributive reforms through transparent, participatory and accountable approaches and procedures. All affected
parties should be accorded with due process and just compensation according to national law and the provisions of Section 16. All affected
parties, including disadvantaged groups, should receive full and clear information on the reforms, including through gender-targeted messages.
Beneficiaries should be selected through open processes, and they should receive secure tenure rights that are publicly recorded. Access to means of resolving disputes should be provided for under national law. States should endeavour to prevent corruption in redistributive reform programmes, particularly through greater transparency and participation. |
Right to remedy
|
|
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.
|
Transfers and other changes to tenure rights and duties
16. Expropriation and compensation |
16.3
States should ensure a fair valuation and prompt compensation in accordance with national law. Among other forms, the compensation may
be, for example, in cash, rights to alternative areas, or a combination. |
Right to remedy
|
|
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.
|
Transfers and other changes to tenure rights and duties
16. Expropriation and compensation |
16.5
Where the land, fisheries and forests are not needed due to changes of plans, States should give the original right holders the first opportunity to re-acquire these resources. In such a case the re-acquisition should take into consideration the amount of compensation received in return for the expropriation |
Right to adequate food
|
|
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.
|
Transfers and other changes to tenure rights and duties
16. Expropriation and compensation |
16.5
Where the land, fisheries and forests are not needed due to changes of plans, States should give the original right holders the first opportunity to re-acquire these resources. In such a case the re-acquisition should take into consideration the amount of compensation received in return for the expropriation |
Right to adequate housing
|
|
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.
|
Transfers and other changes to tenure rights and duties
16. Expropriation and compensation |
16.5
Where the land, fisheries and forests are not needed due to changes of plans, States should give the original right holders the first opportunity to re-acquire these resources. In such a case the re-acquisition should take into consideration the amount of compensation received in return for the expropriation |
Right to land
|
|
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;
|
Transfers and other changes to tenure rights and duties
16. Expropriation and compensation |
16.5
Where the land, fisheries and forests are not needed due to changes of plans, States should give the original right holders the first opportunity to re-acquire these resources. In such a case the re-acquisition should take into consideration the amount of compensation received in return for the expropriation |
Right to land
|
|
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.
|
Transfers and other changes to tenure rights and duties
16. Expropriation and compensation |
16.5
Where the land, fisheries and forests are not needed due to changes of plans, States should give the original right holders the first opportunity to re-acquire these resources. In such a case the re-acquisition should take into consideration the amount of compensation received in return for the expropriation |
Right to water
|
|
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.
|
Administration of tenure
19. Taxation |
19.3
States should administer taxes efficiently and transparently. Staff of implementing agencies should receive training that includes methodologies. Taxes should be based on appropriate values. Assessments
of valuations and taxable amounts should be made public. States should provide taxpayers with a right to appeal against valuations. States should endeavour to prevent corruption in taxation administration, through increased transparency in the use of objectively assessed values. |
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.
|
Administration of tenure
19. Taxation |
19.3
States should administer taxes efficiently and transparently. Staff of implementing agencies should receive training that includes methodologies. Taxes should be based on appropriate values. Assessments
of valuations and taxable amounts should be made public. States should provide taxpayers with a right to appeal against valuations. States should endeavour to prevent corruption in taxation administration, through increased transparency in the use of objectively assessed values. |
Right to participation
|
|
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.
|
Administration of tenure
19. Taxation |
19.3
States should administer taxes efficiently and transparently. Staff of implementing agencies should receive training that includes methodologies. Taxes should be based on appropriate values. Assessments
of valuations and taxable amounts should be made public. States should provide taxpayers with a right to appeal against valuations. States should endeavour to prevent corruption in taxation administration, through increased transparency in the use of objectively assessed values. |
Right to participation
|
|
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;
|
Administration of tenure
19. Taxation |
19.3
States should administer taxes efficiently and transparently. Staff of implementing agencies should receive training that includes methodologies. Taxes should be based on appropriate values. Assessments
of valuations and taxable amounts should be made public. States should provide taxpayers with a right to appeal against valuations. States should endeavour to prevent corruption in taxation administration, through increased transparency in the use of objectively assessed values. |
Right to remedy
|
|
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.
|
Administration of tenure
21. Resolution of disputes over tenure rights |
21.6
In providing dispute resolution mechanisms, States should strive to provide legal assistance to vulnerable and marginalized persons to ensure safe access for all to justice without discrimination. Judicial authorities and other bodies should ensure that their staff have the necessary skills and competencies to provide such services |
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.
|
Administration of tenure
21. Resolution of disputes over tenure rights |
21.6
In providing dispute resolution mechanisms, States should strive to provide legal assistance to vulnerable and marginalized persons to ensure safe access for all to justice without discrimination. Judicial authorities and other bodies should ensure that their staff have the necessary skills and competencies to provide such services |
Right to remedy
|
|
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.
|
Responses to climate change and emergencies
23. Climate change |
23.2
Where appropriate, States should strive to prepare and implement strategies and actions in consultation and with the participation of all people, women and men, who may be displaced due to climate change.
Any provision of alternative land, fisheries, forests and livelihoods for displaced persons should not jeopardize the livelihoods of others. States may also consider offering special assistance to small island and other
developing states |
Right to work, to free choice of employment, right to enjoyment of just and favourable conditions of work
|
|
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;
|
Responses to climate change and emergencies
24. Natural disasters |
24.4
States and other parties should address tenure in the emergency response phase. Any provision of alternative land, fisheries, forests and livelihoods for displaced persons should not jeopardize the rights and livelihoods of others. Legitimate tenure rights of displaced persons should also be
recognized, respected and protected. Information on tenure rights and unauthorized use should be disseminated to all affected persons |
Right to work, to free choice of employment, right to enjoyment of just and favourable conditions of work
|
|
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;
|
Responses to climate change and emergencies
24. Natural disasters |
24.5
States and other parties should address tenure during the reconstruction phase. Persons who are temporarily displaced should be assisted in voluntarily, safely and with dignity returning to their place of origin. Means to resolve disputes over tenure rights should be provided. Where boundaries of parcels and other spatial units are to be re-established, this should be done consistent with the principles of consultation and participation of these Guidelines. Where people are unable to return to their place of origin, they should be permanently resettled elsewhere.
Such resettlement should be negotiated with host communities to ensure that the people who are displaced are provided with secure access to alternative land, fisheries, forests and livelihoods in ways that do not
jeopardize the rights and livelihoods of others. |
Right to remedy
|
|
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.
|
Responses to climate change and emergencies
24. Natural disasters |
24.5
States and other parties should address tenure during the reconstruction phase. Persons who are temporarily displaced should be assisted in voluntarily, safely and with dignity returning to their place of origin. Means to resolve disputes over tenure rights should be provided. Where boundaries of parcels and other spatial units are to be re-established, this should be done consistent with the principles of consultation and participation of these Guidelines. Where people are unable to return to their place of origin, they should be permanently resettled elsewhere.
Such resettlement should be negotiated with host communities to ensure that the people who are displaced are provided with secure access to alternative land, fisheries, forests and livelihoods in ways that do not
jeopardize the rights and livelihoods of others. |
Right to remedy
|
|
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.
|
Responses to climate change and emergencies
25. Conflicts in respect to tenure of land, fisheries and forests |
25.4
When conflicts arise, States and other parties should strive to respect and protect existing legitimate tenure rights and guarantee that these are not extinguished by other parties. Consistent with existing obligations under relevant national and international law, States should not recognize tenure
rights to land, fisheries and forests acquired, within their territories, through forceful and/or violent means. Refugees and displaced persons and others affected by conflict should be settled in safe conditions in ways that protect the tenure rights of host communities. Violations of tenure rights should be documented and, where appropriate, subsequently
remedied. Official records of tenure rights should be protected against destruction and theft in order to provide evidence for subsequent processes to address such violations and facilitate possible corrective action, and in areas where such records do not exist, the existing tenure rights should be documented as best as possible in a gender-sensitive
manner, including through oral histories and testimonies. Legitimate tenure rights of refugees and displaced persons should be recognized, respected and protected. Information on tenure rights and unauthorized use should be disseminated to all affected persons. |
Right to remedy
|
|
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.
|
Responses to climate change and emergencies
25. Conflicts in respect to tenure of land, fisheries and forests |
25.5
In situations of conflicts, whenever possible or when conflicts cease, States and other parties should ensure that tenure problems are addressed in ways that contribute to gender equality and support durable solutions for those affected. Where restitution is possible and, as appropriate, with the
assistance of UNHCR and other relevant agencies, refugees and displaced persons should be assisted in voluntarily, safely and with dignity returning to their place of origin, in line with applicable international standards.
Procedures for restitution, rehabilitation and reparation should be nondiscriminatory, gender sensitive and widely publicized, and claims for restitution should be processed promptly. Procedures for restitution of tenure rights of indigenous peoples and other communities with
customary tenure systems should provide for the use of traditional sources of information. |
Right to participation
|
|
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.
|
Responses to climate change and emergencies
25. Conflicts in respect to tenure of land, fisheries and forests |
25.5
In situations of conflicts, whenever possible or when conflicts cease, States and other parties should ensure that tenure problems are addressed in ways that contribute to gender equality and support durable solutions for those affected. Where restitution is possible and, as appropriate, with the
assistance of UNHCR and other relevant agencies, refugees and displaced persons should be assisted in voluntarily, safely and with dignity returning to their place of origin, in line with applicable international standards.
Procedures for restitution, rehabilitation and reparation should be nondiscriminatory, gender sensitive and widely publicized, and claims for restitution should be processed promptly. Procedures for restitution of tenure rights of indigenous peoples and other communities with
customary tenure systems should provide for the use of traditional sources of information. |
Right to participation
|
|
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;
|
Responses to climate change and emergencies
25. Conflicts in respect to tenure of land, fisheries and forests |
25.5
In situations of conflicts, whenever possible or when conflicts cease, States and other parties should ensure that tenure problems are addressed in ways that contribute to gender equality and support durable solutions for those affected. Where restitution is possible and, as appropriate, with the
assistance of UNHCR and other relevant agencies, refugees and displaced persons should be assisted in voluntarily, safely and with dignity returning to their place of origin, in line with applicable international standards.
Procedures for restitution, rehabilitation and reparation should be nondiscriminatory, gender sensitive and widely publicized, and claims for restitution should be processed promptly. Procedures for restitution of tenure rights of indigenous peoples and other communities with
customary tenure systems should provide for the use of traditional sources of information. |
Right to remedy
|
|
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.
|
Responses to climate change and emergencies
25. Conflicts in respect to tenure of land, fisheries and forests |
25.5
In situations of conflicts, whenever possible or when conflicts cease, States and other parties should ensure that tenure problems are addressed in ways that contribute to gender equality and support durable solutions for those affected. Where restitution is possible and, as appropriate, with the
assistance of UNHCR and other relevant agencies, refugees and displaced persons should be assisted in voluntarily, safely and with dignity returning to their place of origin, in line with applicable international standards.
Procedures for restitution, rehabilitation and reparation should be nondiscriminatory, gender sensitive and widely publicized, and claims for restitution should be processed promptly. Procedures for restitution of tenure rights of indigenous peoples and other communities with
customary tenure systems should provide for the use of traditional sources of information. |
Right to remedy
|
|
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.
|
Responses to climate change and emergencies
25. Conflicts in respect to tenure of land, fisheries and forests |
25.6
Where restitution is not possible, the provision of secure access to alternative land, fisheries and forests and livelihoods for refugees and displaced persons should be negotiated with host communities and other
relevant parties to ensure that the resettlement does not jeopardize the livelihoods of others. Special procedures should, where possible, provide the vulnerable, including widows and orphans, with secure access to land,
fisheries and forests |
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.
|
Responses to climate change and emergencies
25. Conflicts in respect to tenure of land, fisheries and forests |
25.6
Where restitution is not possible, the provision of secure access to alternative land, fisheries and forests and livelihoods for refugees and displaced persons should be negotiated with host communities and other
relevant parties to ensure that the resettlement does not jeopardize the livelihoods of others. Special procedures should, where possible, provide the vulnerable, including widows and orphans, with secure access to land,
fisheries and forests |
Right to participation
|
|
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.
|
Responses to climate change and emergencies
25. Conflicts in respect to tenure of land, fisheries and forests |
25.6
Where restitution is not possible, the provision of secure access to alternative land, fisheries and forests and livelihoods for refugees and displaced persons should be negotiated with host communities and other
relevant parties to ensure that the resettlement does not jeopardize the livelihoods of others. Special procedures should, where possible, provide the vulnerable, including widows and orphans, with secure access to land,
fisheries and forests |
Right to participation
|
|
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;
|
Responses to climate change and emergencies
25. Conflicts in respect to tenure of land, fisheries and forests |
25.6
Where restitution is not possible, the provision of secure access to alternative land, fisheries and forests and livelihoods for refugees and displaced persons should be negotiated with host communities and other
relevant parties to ensure that the resettlement does not jeopardize the livelihoods of others. Special procedures should, where possible, provide the vulnerable, including widows and orphans, with secure access to land,
fisheries and forests |
Right to work, to free choice of employment, right to enjoyment of just and favourable conditions of work
|
|
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;
|
