General matters
4. Rights and responsibilities related to tenure |
4.2
States should ensure that all actions regarding tenure and its 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 courts and tribunals and to a fair trial
Human rights noteThe aspect of consistency with international and national legal obligations is related to the Rule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
15.2
States Parties shall accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. In particular, they shall give women equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals.
|
General matters
4. Rights and responsibilities related to tenure |
4.2
States should ensure that all actions regarding tenure and its 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
Human rights noteThe aspect of consistency with international and national legal obligations is related to the Rule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
15
1. States Parties shall accord to women equality with men before the law.
2. States Parties shall accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. In particular, they shall give women equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals.
3. States Parties agree that all contracts and all other private instruments of any kind with a legal effect which is directed at restricting the legal capacity of women shall be deemed null and void.
4. States Parties shall accord to men and women the same rights with regard to the law relating to the movement of persons and the freedom to choose their residence and domicile.
|
General matters
4. Rights and responsibilities related to tenure |
4.2
States should ensure that all actions regarding tenure and its 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
Human rights noteThe aspect of consistency with international and national legal obligations is related to the Rule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
2.b & 2.c
States Parties condemn discrimination against women in all its forms, agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women and, to this end, undertake: [..] (b) To adopt appropriate legislative and other measures, including sanctions where appropriate, prohibiting all discrimination against women (c) To establish legal protection of the rights of women on an equal basis with men and to ensure through competent national tribunals and other public institutions the effective protection of women against any act of discrimination
|
General matters
4. Rights and responsibilities related to tenure |
4.2
States should ensure that all actions regarding tenure and its 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 participation
Human rights noteThe aspect of consistency with international and national legal obligations is related to the Rule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
14.2.a
States Parties shall take all appropriate measures to eliminate discrimination against women in rural areas in order to ensure, on a basis of equality of men and women, that they participate in and benefit from rural development and, in particular, shall ensure to such women the right: (a) To participate in the elaboration and implementation of development planning at all levels.
|
General matters
4. Rights and responsibilities related to tenure |
4.2
States should ensure that all actions regarding tenure and its 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 participation
Human rights noteThe aspect of consistency with international and national legal obligations is related to the Rule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
7.b
States Parties shall take all appropriate measures to eliminate discrimination against women in the political and public life of the country and, in particular, shall ensure to women, on equal terms with men, the right: [..] (b) To participate in the formulation of government policy and the implementation thereof and to hold public office and perform all public functions at all levels of government
|
General matters
4. Rights and responsibilities related to tenure |
4.6
States should remove and prohibit all forms of discrimination related to tenure rights, including those resulting from change of marital status, lack of legal capacity, and lack of access to economic resources. In particular, States should ensure equal tenure rights for women and men, including the right to inherit and bequeath these rights. Such State actions should be consistent with their existing obligations under relevant national law and legislation and international law, and with due regard to voluntary commitments under applicable regional and international instruments. |
Right to equality before courts and tribunals and to a fair trial
Human rights noteRule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
15.2
States Parties shall accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. In particular, they shall give women equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals.
|
General matters
4. Rights and responsibilities related to tenure |
4.6
States should remove and prohibit all forms of discrimination related to tenure rights, including those resulting from change of marital status, lack of legal capacity, and lack of access to economic resources. In particular, States should ensure equal tenure rights for women and men, including the right to inherit and bequeath these rights. Such State actions should be consistent with their existing obligations under relevant national law and legislation 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
Human rights noteThe aspect of consistency with international and national legal obligations is related to the Rule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
15
1. States Parties shall accord to women equality with men before the law.
2. States Parties shall accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. In particular, they shall give women equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals.
3. States Parties agree that all contracts and all other private instruments of any kind with a legal effect which is directed at restricting the legal capacity of women shall be deemed null and void.
4. States Parties shall accord to men and women the same rights with regard to the law relating to the movement of persons and the freedom to choose their residence and domicile.
|
General matters
4. Rights and responsibilities related to tenure |
4.6
States should remove and prohibit all forms of discrimination related to tenure rights, including those resulting from change of marital status, lack of legal capacity, and lack of access to economic resources. In particular, States should ensure equal tenure rights for women and men, including the right to inherit and bequeath these rights. Such State actions should be consistent with their existing obligations under relevant national law and legislation 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
Human rights noteThe aspect of consistency with international and national legal obligations is related to the Rule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
2.b & 2.c
States Parties condemn discrimination against women in all its forms, agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women and, to this end, undertake: [..] (b) To adopt appropriate legislative and other measures, including sanctions where appropriate, prohibiting all discrimination against women (c) To establish legal protection of the rights of women on an equal basis with men and to ensure through competent national tribunals and other public institutions the effective protection of women against any act of discrimination
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
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 courts and tribunals and to a fair trial
Human rights noteThe aspect of consistency with international and national legal obligations is related to the Rule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
15.2
States Parties shall accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. In particular, they shall give women equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals.
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
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
Human rights noteThe aspect of consistency with international and national legal obligations is related to the Rule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
15
1. States Parties shall accord to women equality with men before the law.
2. States Parties shall accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. In particular, they shall give women equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals.
3. States Parties agree that all contracts and all other private instruments of any kind with a legal effect which is directed at restricting the legal capacity of women shall be deemed null and void.
4. States Parties shall accord to men and women the same rights with regard to the law relating to the movement of persons and the freedom to choose their residence and domicile.
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
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
Human rights noteThe aspect of consistency with international and national legal obligations is related to the Rule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
2.b & 2.c
States Parties condemn discrimination against women in all its forms, agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women and, to this end, undertake: [..] (b) To adopt appropriate legislative and other measures, including sanctions where appropriate, prohibiting all discrimination against women (c) To establish legal protection of the rights of women on an equal basis with men and to ensure through competent national tribunals and other public institutions the effective protection of women against any act of discrimination
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
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 participation
Human rights noteThe aspect of consistency with international and national legal obligations is related to the Rule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
14.2.a
States Parties shall take all appropriate measures to eliminate discrimination against women in rural areas in order to ensure, on a basis of equality of men and women, that they participate in and benefit from rural development and, in particular, shall ensure to such women the right: (a) To participate in the elaboration and implementation of development planning at all levels.
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
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 participation
Human rights noteThe aspect of consistency with international and national legal obligations is related to the Rule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
7.b
States Parties shall take all appropriate measures to eliminate discrimination against women in the political and public life of the country and, in particular, shall ensure to women, on equal terms with men, the right: [..] (b) To participate in the formulation of government policy and the implementation thereof and to hold public office and perform all public functions at all levels of government
|
General matters
6. Delivery of services |
6.2
States should ensure that the delivery of services related to tenure and its
administration 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 courts and tribunals and to a fair trial
Human rights noteAs clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
15.2
States Parties shall accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. In particular, they shall give women equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals.
|
General matters
6. Delivery of services |
6.2
States should ensure that the delivery of services related to tenure and its
administration 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
|
|
15
1. States Parties shall accord to women equality with men before the law.
2. States Parties shall accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. In particular, they shall give women equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals.
3. States Parties agree that all contracts and all other private instruments of any kind with a legal effect which is directed at restricting the legal capacity of women shall be deemed null and void.
4. States Parties shall accord to men and women the same rights with regard to the law relating to the movement of persons and the freedom to choose their residence and domicile.
|
General matters
6. Delivery of services |
6.2
States should ensure that the delivery of services related to tenure and its
administration 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
|
|
2.b & 2.c
States Parties condemn discrimination against women in all its forms, agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women and, to this end, undertake: [..] (b) To adopt appropriate legislative and other measures, including sanctions where appropriate, prohibiting all discrimination against women (c) To establish legal protection of the rights of women on an equal basis with men and to ensure through competent national tribunals and other public institutions the effective protection of women against any act of discrimination
|
General matters
6. Delivery of services |
6.2
States should ensure that the delivery of services related to tenure and its
administration 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 participation
|
|
14.2.a
States Parties shall take all appropriate measures to eliminate discrimination against women in rural areas in order to ensure, on a basis of equality of men and women, that they participate in and benefit from rural development and, in particular, shall ensure to such women the right: (a) To participate in the elaboration and implementation of development planning at all levels.
Explanatory noteCEDAW has indicated that States should: a) establish quotas and targets for rural women’s representation in decision-making positions, specifically in parliaments and governance bodies at all levels, including in land, forestry, fishery and water governance bodies, as well as natural resource management. In this regard, clear objectives and time frames should be in place to reach substantive equality of women and men;
(b) Ensure that rural women and their organizations can influence policy formulation, implementation and monitoring at all levels and in all areas that affect them, including through participation in political parties and in local and self-governing bodies, such as community and village councils. States parties should design and implement tools to monitor rural women’s participation in all public entities in order to eradicate discrimination;
(c) Address unequal power relations between women and men, including in decision-making and political processes at the community level, and remove barriers to rural women’s participation in community life through the establishment of effective and gender-responsive rural decision-making structures. States parties should develop action plans that address practical barriers to rural women’s participation in community life and implement campaigns to raise awareness about the importance of their participation in community decision-making; [...] See CEDAW, general recommendation no. 34
|
General matters
6. Delivery of services |
6.2
States should ensure that the delivery of services related to tenure and its
administration 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 participation
|
|
7.b
States Parties shall take all appropriate measures to eliminate discrimination against women in the political and public life of the country and, in particular, shall ensure to women, on equal terms with men, the right: [..] (b) To participate in the formulation of government policy and the implementation thereof and to hold public office and perform all public functions at all levels of government
|
General matters
6. Delivery of services |
6.2
States should ensure that the delivery of services related to tenure and its
administration 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 property
|
|
16.1.h
1. States Parties shall take all appropriate measures to eliminate discrimination against women in all matters relating to marriage and family relations and in particular shall ensure, on a basis of equality of men and women: (h) The same rights for both spouses in respect of the ownership, acquisition, management, administration, enjoyment and disposition of property, whether free of charge or for a valuable consideration.
|
Legal recognition and allocation of tenure rights and duties
7. Safeguards |
7.2
States should ensure that all actions regarding the legal recognition and allocation of tenure rights and duties 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 courts and tribunals and to a fair trial
Human rights noteThe aspect of consistency with international and national legal obligations is related to the Rule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
15.2
States Parties shall accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. In particular, they shall give women equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals.
|
Legal recognition and allocation of tenure rights and duties
7. Safeguards |
7.2
States should ensure that all actions regarding the legal recognition and allocation of tenure rights and duties 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
Human rights noteThe aspect of consistency with international and national legal obligations is related to the Rule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
15
1. States Parties shall accord to women equality with men before the law.
2. States Parties shall accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. In particular, they shall give women equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals.
3. States Parties agree that all contracts and all other private instruments of any kind with a legal effect which is directed at restricting the legal capacity of women shall be deemed null and void.
4. States Parties shall accord to men and women the same rights with regard to the law relating to the movement of persons and the freedom to choose their residence and domicile.
|
Legal recognition and allocation of tenure rights and duties
7. Safeguards |
7.2
States should ensure that all actions regarding the legal recognition and allocation of tenure rights and duties 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
Human rights noteThe aspect of consistency with international and national legal obligations is related to the Rule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
2.b & 2.c
States Parties condemn discrimination against women in all its forms, agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women and, to this end, undertake: [..] (b) To adopt appropriate legislative and other measures, including sanctions where appropriate, prohibiting all discrimination against women (c) To establish legal protection of the rights of women on an equal basis with men and to ensure through competent national tribunals and other public institutions the effective protection of women against any act of discrimination
|
Legal recognition and allocation of tenure rights and duties
7. Safeguards |
7.2
States should ensure that all actions regarding the legal recognition and allocation of tenure rights and duties 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 participation
Human rights noteThe aspect of consistency with international and national legal obligations is related to the Rule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
14.2.a
States Parties shall take all appropriate measures to eliminate discrimination against women in rural areas in order to ensure, on a basis of equality of men and women, that they participate in and benefit from rural development and, in particular, shall ensure to such women the right: (a) To participate in the elaboration and implementation of development planning at all levels.
|
Legal recognition and allocation of tenure rights and duties
7. Safeguards |
7.2
States should ensure that all actions regarding the legal recognition and allocation of tenure rights and duties 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 participation
Human rights noteThe aspect of consistency with international and national legal obligations is related to the Rule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
7.b
States Parties shall take all appropriate measures to eliminate discrimination against women in the political and public life of the country and, in particular, shall ensure to women, on equal terms with men, the right: [..] (b) To participate in the formulation of government policy and the implementation thereof and to hold public office and perform all public functions at all levels of government
|
Legal recognition and allocation of tenure rights and duties
7. Safeguards |
7.4
States should ensure that women and men enjoy the same rights in the newly recognized tenure rights, and that those rights are reflected in records. Where possible, legal recognition and allocation of tenure rights of individuals, families and communities should be done systematically, progressing area by area in accordance with national priorities, in order to provide the poor and vulnerable with full opportunities to acquire legal recognition of their tenure rights. Legal support should be provided, particularly to the poor and vulnerable. Locally appropriate approaches should be used to increase transparency when records of tenure rights are initially created, including in the mapping of tenure rights. |
Right to equality before courts and tribunals and to a fair trial
|
|
15.2
States Parties shall accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. In particular, they shall give women equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals.
|
Legal recognition and allocation of tenure rights and duties
7. Safeguards |
7.4
States should ensure that women and men enjoy the same rights in the newly recognized tenure rights, and that those rights are reflected in records. Where possible, legal recognition and allocation of tenure rights of individuals, families and communities should be done systematically, progressing area by area in accordance with national priorities, in order to provide the poor and vulnerable with full opportunities to acquire legal recognition of their tenure rights. Legal support should be provided, particularly to the poor and vulnerable. Locally appropriate approaches should be used to increase transparency when records of tenure rights are initially created, including in the mapping of tenure rights. |
Right to equality before the law and equal protection of the law
|
|
15
1. States Parties shall accord to women equality with men before the law.
2. States Parties shall accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. In particular, they shall give women equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals.
3. States Parties agree that all contracts and all other private instruments of any kind with a legal effect which is directed at restricting the legal capacity of women shall be deemed null and void.
4. States Parties shall accord to men and women the same rights with regard to the law relating to the movement of persons and the freedom to choose their residence and domicile.
|
Legal recognition and allocation of tenure rights and duties
7. Safeguards |
7.4
States should ensure that women and men enjoy the same rights in the newly recognized tenure rights, and that those rights are reflected in records. Where possible, legal recognition and allocation of tenure rights of individuals, families and communities should be done systematically, progressing area by area in accordance with national priorities, in order to provide the poor and vulnerable with full opportunities to acquire legal recognition of their tenure rights. Legal support should be provided, particularly to the poor and vulnerable. Locally appropriate approaches should be used to increase transparency when records of tenure rights are initially created, including in the mapping of tenure rights. |
Right to equality before the law and equal protection of the law
|
|
2.b & 2.c
States Parties condemn discrimination against women in all its forms, agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women and, to this end, undertake: [..] (b) To adopt appropriate legislative and other measures, including sanctions where appropriate, prohibiting all discrimination against women (c) To establish legal protection of the rights of women on an equal basis with men and to ensure through competent national tribunals and other public institutions the effective protection of women against any act of discrimination
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.1
Where States own or control land, fisheries and forests, they should determine the use and control of these resources in light of broader social, economic and environmental objectives. They 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 equality before courts and tribunals and to a fair trial
Human rights noteThe aspect of consistency with international and national legal obligations is related to the Rule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
15.2
States Parties shall accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. In particular, they shall give women equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.1
Where States own or control land, fisheries and forests, they should determine the use and control of these resources in light of broader social, economic and environmental objectives. They 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 equality before the law and equal protection of the law
Human rights noteThe aspect of consistency with international and national legal obligations is related to the Rule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
15
1. States Parties shall accord to women equality with men before the law.
2. States Parties shall accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. In particular, they shall give women equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals.
3. States Parties agree that all contracts and all other private instruments of any kind with a legal effect which is directed at restricting the legal capacity of women shall be deemed null and void.
4. States Parties shall accord to men and women the same rights with regard to the law relating to the movement of persons and the freedom to choose their residence and domicile.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.1
Where States own or control land, fisheries and forests, they should determine the use and control of these resources in light of broader social, economic and environmental objectives. They 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 equality before the law and equal protection of the law
Human rights noteThe aspect of consistency with international and national legal obligations is related to the Rule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
2.b & 2.c
States Parties condemn discrimination against women in all its forms, agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women and, to this end, undertake: [..] (b) To adopt appropriate legislative and other measures, including sanctions where appropriate, prohibiting all discrimination against women (c) To establish legal protection of the rights of women on an equal basis with men and to ensure through competent national tribunals and other public institutions the effective protection of women against any act of discrimination
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.1
Where States own or control land, fisheries and forests, they should determine the use and control of these resources in light of broader social, economic and environmental objectives. They 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 participation
Human rights noteThe aspect of consistency with international and national legal obligations is related to the Rule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
14.2.a
States Parties shall take all appropriate measures to eliminate discrimination against women in rural areas in order to ensure, on a basis of equality of men and women, that they participate in and benefit from rural development and, in particular, shall ensure to such women the right: (a) To participate in the elaboration and implementation of development planning at all levels.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.1
Where States own or control land, fisheries and forests, they should determine the use and control of these resources in light of broader social, economic and environmental objectives. They 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 participation
Human rights noteThe aspect of consistency with international and national legal obligations is related to the Rule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
7.b
States Parties shall take all appropriate measures to eliminate discrimination against women in the political and public life of the country and, in particular, shall ensure to women, on equal terms with men, the right: [..] (b) To participate in the formulation of government policy and the implementation thereof and to hold public office and perform all public functions at all levels of government
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.2
Where States own or control land, fisheries and forests, the legitimate
tenure rights of individuals and communities, including where applicable those with customary tenure systems, should be recognized, respected and protected, consistent with existing obligations under national and
international law, and with due regard to voluntary commitments under applicable regional and international instruments. To this end, categories of legitimate tenure rights should be clearly defined and publicized, through a transparent process, and in accordance with national law. |
Right to equality before courts and tribunals and to a fair trial
Human rights noteThe aspect of consistency with international and national legal obligations is related to the Rule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
15.2
States Parties shall accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. In particular, they shall give women equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.2
Where States own or control land, fisheries and forests, the legitimate
tenure rights of individuals and communities, including where applicable those with customary tenure systems, should be recognized, respected and protected, consistent with existing obligations under national and
international law, and with due regard to voluntary commitments under applicable regional and international instruments. To this end, categories of legitimate tenure rights should be clearly defined and publicized, through a transparent process, and in accordance with national law. |
Right to equality before the law and equal protection of the law
Human rights noteThe aspect of consistency with international and national legal obligations is related to the Rule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
15
1. States Parties shall accord to women equality with men before the law.
2. States Parties shall accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. In particular, they shall give women equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals.
3. States Parties agree that all contracts and all other private instruments of any kind with a legal effect which is directed at restricting the legal capacity of women shall be deemed null and void.
4. States Parties shall accord to men and women the same rights with regard to the law relating to the movement of persons and the freedom to choose their residence and domicile.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.2
Where States own or control land, fisheries and forests, the legitimate
tenure rights of individuals and communities, including where applicable those with customary tenure systems, should be recognized, respected and protected, consistent with existing obligations under national and
international law, and with due regard to voluntary commitments under applicable regional and international instruments. To this end, categories of legitimate tenure rights should be clearly defined and publicized, through a transparent process, and in accordance with national law. |
Right to equality before the law and equal protection of the law
Human rights noteThe aspect of consistency with international and national legal obligations is related to the Rule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
2.b & 2.c
States Parties condemn discrimination against women in all its forms, agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women and, to this end, undertake: [..] (b) To adopt appropriate legislative and other measures, including sanctions where appropriate, prohibiting all discrimination against women (c) To establish legal protection of the rights of women on an equal basis with men and to ensure through competent national tribunals and other public institutions the effective protection of women against any act of discrimination
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.2
Where States own or control land, fisheries and forests, the legitimate
tenure rights of individuals and communities, including where applicable those with customary tenure systems, should be recognized, respected and protected, consistent with existing obligations under national and
international law, and with due regard to voluntary commitments under applicable regional and international instruments. To this end, categories of legitimate tenure rights should be clearly defined and publicized, through a transparent process, and in accordance with national law. |
Right to participation
Human rights noteThe aspect of consistency with international and national legal obligations is related to the Rule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
14.2.a
States Parties shall take all appropriate measures to eliminate discrimination against women in rural areas in order to ensure, on a basis of equality of men and women, that they participate in and benefit from rural development and, in particular, shall ensure to such women the right: (a) To participate in the elaboration and implementation of development planning at all levels.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.2
Where States own or control land, fisheries and forests, the legitimate
tenure rights of individuals and communities, including where applicable those with customary tenure systems, should be recognized, respected and protected, consistent with existing obligations under national and
international law, and with due regard to voluntary commitments under applicable regional and international instruments. To this end, categories of legitimate tenure rights should be clearly defined and publicized, through a transparent process, and in accordance with national law. |
Right to participation
Human rights noteThe aspect of consistency with international and national legal obligations is related to the Rule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
7.b
States Parties shall take all appropriate measures to eliminate discrimination against women in the political and public life of the country and, in particular, shall ensure to women, on equal terms with men, the right: [..] (b) To participate in the formulation of government policy and the implementation thereof and to hold public office and perform all public functions at all levels of government
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.6
States should develop and publicize policies covering the use and control of land, fisheries and forests that are retained by the public sector and should strive to develop policies that promote equitable distribution of benefits from State-owned land, fisheries and forests. Policies should
take into account the tenure rights of others and anyone who could be affected should be included in the consultation process consistent with the principles of consultation and participation of these Guidelines. The administration of, and transactions concerning, these resources should be undertaken in an effective, transparent and accountable manner in fulfilment of public policies. |
Right to equality before courts and tribunals and to a fair trial
Human rights noteRule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
15.2
States Parties shall accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. In particular, they shall give women equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.6
States should develop and publicize policies covering the use and control of land, fisheries and forests that are retained by the public sector and should strive to develop policies that promote equitable distribution of benefits from State-owned land, fisheries and forests. Policies should
take into account the tenure rights of others and anyone who could be affected should be included in the consultation process consistent with the principles of consultation and participation of these Guidelines. The administration of, and transactions concerning, these resources should be undertaken in an effective, transparent and accountable manner in fulfilment of public policies. |
Right to equality before the law and equal protection of the law
Human rights noteRule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
15
1. States Parties shall accord to women equality with men before the law.
2. States Parties shall accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. In particular, they shall give women equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals.
3. States Parties agree that all contracts and all other private instruments of any kind with a legal effect which is directed at restricting the legal capacity of women shall be deemed null and void.
4. States Parties shall accord to men and women the same rights with regard to the law relating to the movement of persons and the freedom to choose their residence and domicile.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.6
States should develop and publicize policies covering the use and control of land, fisheries and forests that are retained by the public sector and should strive to develop policies that promote equitable distribution of benefits from State-owned land, fisheries and forests. Policies should
take into account the tenure rights of others and anyone who could be affected should be included in the consultation process consistent with the principles of consultation and participation of these Guidelines. The administration of, and transactions concerning, these resources should be undertaken in an effective, transparent and accountable manner in fulfilment of public policies. |
Right to equality before the law and equal protection of the law
Human rights noteRule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
2.b & 2.c
States Parties condemn discrimination against women in all its forms, agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women and, to this end, undertake: [..] (b) To adopt appropriate legislative and other measures, including sanctions where appropriate, prohibiting all discrimination against women (c) To establish legal protection of the rights of women on an equal basis with men and to ensure through competent national tribunals and other public institutions the effective protection of women against any act of discrimination
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.8
States have the power to allocate tenure rights in various forms, from
limited use to full ownership. Policies should recognize the range of tenure rights and right holders. Policies should specify the means of allocation of rights, such as allocation based on historical use or other means. Where necessary, those who are allocated tenure rights should be provided with
support so they can enjoy their rights. States should determine whether they retain any form of control over land, fisheries and forests that have been allocated. |
Right to equality before the law and equal protection of the law
Human rights noteRule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
15
1. States Parties shall accord to women equality with men before the law.
2. States Parties shall accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. In particular, they shall give women equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals.
3. States Parties agree that all contracts and all other private instruments of any kind with a legal effect which is directed at restricting the legal capacity of women shall be deemed null and void.
4. States Parties shall accord to men and women the same rights with regard to the law relating to the movement of persons and the freedom to choose their residence and domicile.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.8
States have the power to allocate tenure rights in various forms, from
limited use to full ownership. Policies should recognize the range of tenure rights and right holders. Policies should specify the means of allocation of rights, such as allocation based on historical use or other means. Where necessary, those who are allocated tenure rights should be provided with
support so they can enjoy their rights. States should determine whether they retain any form of control over land, fisheries and forests that have been allocated. |
Right to equality before the law and equal protection of the law
Human rights noteRule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
2.b & 2.c
States Parties condemn discrimination against women in all its forms, agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women and, to this end, undertake: [..] (b) To adopt appropriate legislative and other measures, including sanctions where appropriate, prohibiting all discrimination against women (c) To establish legal protection of the rights of women on an equal basis with men and to ensure through competent national tribunals and other public institutions the effective protection of women against any act of discrimination
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.9
States should allocate tenure rights and delegate tenure governance in transparent, participatory ways, using simple procedures that are clear, accessible and understandable to all, especially to indigenous peoples and other communities with customary tenure systems. Information in applicable languages should be provided to all potential participants, including through gender-sensitive messages. Where possible, States should ensure that newly allocated tenure rights are recorded with other tenure rights in a single recording system, or are linked by a common framework. States and non-state actors should further endeavour to prevent corruption in the allocation of tenure rights. |
Right to participation
|
|
14.2.a
States Parties shall take all appropriate measures to eliminate discrimination against women in rural areas in order to ensure, on a basis of equality of men and women, that they participate in and benefit from rural development and, in particular, shall ensure to such women the right: (a) To participate in the elaboration and implementation of development planning at all levels.
|
Legal recognition and allocation of tenure rights and duties
8. Public land, fisheries and forests |
8.9
States should allocate tenure rights and delegate tenure governance in transparent, participatory ways, using simple procedures that are clear, accessible and understandable to all, especially to indigenous peoples and other communities with customary tenure systems. Information in applicable languages should be provided to all potential participants, including through gender-sensitive messages. Where possible, States should ensure that newly allocated tenure rights are recorded with other tenure rights in a single recording system, or are linked by a common framework. States and non-state actors should further endeavour to prevent corruption in the allocation of tenure rights. |
Right to participation
|
|
7.b
States Parties shall take all appropriate measures to eliminate discrimination against women in the political and public life of the country and, in particular, shall ensure to women, on equal terms with men, the right: [..] (b) To participate in the formulation of government policy and the implementation thereof and to hold public office and perform all public functions at all levels of government
|
Legal recognition and allocation of tenure rights and duties
9. Indigenous peoples and other communities with customary tenure systems |
9.3
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. In the case of indigenous peoples, States should meet their relevant obligations and voluntary commitments to protect, promote and implement human rights, including as appropriate from the International Labour Organization Convention (No 169) concerning Indigenous and Tribal Peoples in Independent Countries, the Convention on Biological Diversity and the United Nations Declaration on the Rights of Indigenous Peoples. |
Right to equality before courts and tribunals and to a fair trial
Human rights noteThe aspect of consistency with international and national legal obligations is related to the Rule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
15.2
States Parties shall accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. In particular, they shall give women equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals.
|
Legal recognition and allocation of tenure rights and duties
9. Indigenous peoples and other communities with customary tenure systems |
9.3
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. In the case of indigenous peoples, States should meet their relevant obligations and voluntary commitments to protect, promote and implement human rights, including as appropriate from the International Labour Organization Convention (No 169) concerning Indigenous and Tribal Peoples in Independent Countries, the Convention on Biological Diversity and the United Nations Declaration on the Rights of Indigenous Peoples. |
Right to equality before the law and equal protection of the law
Human rights noteThe aspect of consistency with international and national legal obligations is related to the Rule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
15
1. States Parties shall accord to women equality with men before the law.
2. States Parties shall accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. In particular, they shall give women equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals.
3. States Parties agree that all contracts and all other private instruments of any kind with a legal effect which is directed at restricting the legal capacity of women shall be deemed null and void.
4. States Parties shall accord to men and women the same rights with regard to the law relating to the movement of persons and the freedom to choose their residence and domicile.
|
Legal recognition and allocation of tenure rights and duties
9. Indigenous peoples and other communities with customary tenure systems |
9.3
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. In the case of indigenous peoples, States should meet their relevant obligations and voluntary commitments to protect, promote and implement human rights, including as appropriate from the International Labour Organization Convention (No 169) concerning Indigenous and Tribal Peoples in Independent Countries, the Convention on Biological Diversity and the United Nations Declaration on the Rights of Indigenous Peoples. |
Right to equality before the law and equal protection of the law
Human rights noteThe aspect of consistency with international and national legal obligations is related to the Rule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
2.b & 2.c
States Parties condemn discrimination against women in all its forms, agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women and, to this end, undertake: [..] (b) To adopt appropriate legislative and other measures, including sanctions where appropriate, prohibiting all discrimination against women (c) To establish legal protection of the rights of women on an equal basis with men and to ensure through competent national tribunals and other public institutions the effective protection of women against any act of discrimination
|
Legal recognition and allocation of tenure rights and duties
9. Indigenous peoples and other communities with customary tenure systems |
9.3
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. In the case of indigenous peoples, States should meet their relevant obligations and voluntary commitments to protect, promote and implement human rights, including as appropriate from the International Labour Organization Convention (No 169) concerning Indigenous and Tribal Peoples in Independent Countries, the Convention on Biological Diversity and the United Nations Declaration on the Rights of Indigenous Peoples. |
Right to participation
Human rights noteThe aspect of consistency with international and national legal obligations is related to the Rule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
14.2.a
States Parties shall take all appropriate measures to eliminate discrimination against women in rural areas in order to ensure, on a basis of equality of men and women, that they participate in and benefit from rural development and, in particular, shall ensure to such women the right: (a) To participate in the elaboration and implementation of development planning at all levels.
|
Legal recognition and allocation of tenure rights and duties
9. Indigenous peoples and other communities with customary tenure systems |
9.3
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. In the case of indigenous peoples, States should meet their relevant obligations and voluntary commitments to protect, promote and implement human rights, including as appropriate from the International Labour Organization Convention (No 169) concerning Indigenous and Tribal Peoples in Independent Countries, the Convention on Biological Diversity and the United Nations Declaration on the Rights of Indigenous Peoples. |
Right to participation
Human rights noteThe aspect of consistency with international and national legal obligations is related to the Rule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
7.b
States Parties shall take all appropriate measures to eliminate discrimination against women in the political and public life of the country and, in particular, shall ensure to women, on equal terms with men, the right: [..] (b) To participate in the formulation of government policy and the implementation thereof and to hold public office and perform all public functions at all levels of government
|
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 courts and tribunals and to a fair trial
Human rights noteThe aspect of consistency with international and national legal obligations is related to the Rule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
15.2
States Parties shall accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. In particular, they shall give women equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals.
|
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
Human rights noteThe aspect of consistency with international and national legal obligations is related to the Rule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
15
1. States Parties shall accord to women equality with men before the law.
2. States Parties shall accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. In particular, they shall give women equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals.
3. States Parties agree that all contracts and all other private instruments of any kind with a legal effect which is directed at restricting the legal capacity of women shall be deemed null and void.
4. States Parties shall accord to men and women the same rights with regard to the law relating to the movement of persons and the freedom to choose their residence and domicile.
|
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
Human rights noteThe aspect of consistency with international and national legal obligations is related to the Rule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
2.b & 2.c
States Parties condemn discrimination against women in all its forms, agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women and, to this end, undertake: [..] (b) To adopt appropriate legislative and other measures, including sanctions where appropriate, prohibiting all discrimination against women (c) To establish legal protection of the rights of women on an equal basis with men and to ensure through competent national tribunals and other public institutions the effective protection of women against any act of discrimination
|
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 participation
Human rights noteThe aspect of consistency with international and national legal obligations is related to the Rule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
14.2.a
States Parties shall take all appropriate measures to eliminate discrimination against women in rural areas in order to ensure, on a basis of equality of men and women, that they participate in and benefit from rural development and, in particular, shall ensure to such women the right: (a) To participate in the elaboration and implementation of development planning at all levels.
|
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 participation
Human rights noteThe aspect of consistency with international and national legal obligations is related to the Rule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
7.b
States Parties shall take all appropriate measures to eliminate discrimination against women in the political and public life of the country and, in particular, shall ensure to women, on equal terms with men, the right: [..] (b) To participate in the formulation of government policy and the implementation thereof and to hold public office and perform all public functions at all levels of government
|
Transfers and other changes to tenure rights and duties
11. Markets |
11.1
Where appropriate, States should recognize and facilitate fair and transparent sale and lease markets as a means of transfer of rights of use and ownership of land, fisheries and forests. Where markets in tenure
rights operate, 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. Transactions of tenure rights to land, fisheries and forests should comply with national regulation of land use and not jeopardize core development goals |
Right to equality before courts and tribunals and to a fair trial
Human rights noteThe aspect of consistency with international and national legal obligations is related to the Rule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
15.2
States Parties shall accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. In particular, they shall give women equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals.
|
Transfers and other changes to tenure rights and duties
11. Markets |
11.1
Where appropriate, States should recognize and facilitate fair and transparent sale and lease markets as a means of transfer of rights of use and ownership of land, fisheries and forests. Where markets in tenure
rights operate, 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. Transactions of tenure rights to land, fisheries and forests should comply with national regulation of land use and not jeopardize core development goals |
Right to equality before the law and equal protection of the law
Human rights noteThe aspect of consistency with international and national legal obligations is related to the Rule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
15
1. States Parties shall accord to women equality with men before the law.
2. States Parties shall accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. In particular, they shall give women equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals.
3. States Parties agree that all contracts and all other private instruments of any kind with a legal effect which is directed at restricting the legal capacity of women shall be deemed null and void.
4. States Parties shall accord to men and women the same rights with regard to the law relating to the movement of persons and the freedom to choose their residence and domicile.
|
Transfers and other changes to tenure rights and duties
11. Markets |
11.1
Where appropriate, States should recognize and facilitate fair and transparent sale and lease markets as a means of transfer of rights of use and ownership of land, fisheries and forests. Where markets in tenure
rights operate, 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. Transactions of tenure rights to land, fisheries and forests should comply with national regulation of land use and not jeopardize core development goals |
Right to equality before the law and equal protection of the law
Human rights noteThe aspect of consistency with international and national legal obligations is related to the Rule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
2.b & 2.c
States Parties condemn discrimination against women in all its forms, agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women and, to this end, undertake: [..] (b) To adopt appropriate legislative and other measures, including sanctions where appropriate, prohibiting all discrimination against women (c) To establish legal protection of the rights of women on an equal basis with men and to ensure through competent national tribunals and other public institutions the effective protection of women against any act of discrimination
|
Transfers and other changes to tenure rights and duties
11. Markets |
11.1
Where appropriate, States should recognize and facilitate fair and transparent sale and lease markets as a means of transfer of rights of use and ownership of land, fisheries and forests. Where markets in tenure
rights operate, 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. Transactions of tenure rights to land, fisheries and forests should comply with national regulation of land use and not jeopardize core development goals |
Right to participation
Human rights noteThe aspect of consistency with international and national legal obligations is related to the Rule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
14.2.a
States Parties shall take all appropriate measures to eliminate discrimination against women in rural areas in order to ensure, on a basis of equality of men and women, that they participate in and benefit from rural development and, in particular, shall ensure to such women the right: (a) To participate in the elaboration and implementation of development planning at all levels.
|
Transfers and other changes to tenure rights and duties
11. Markets |
11.1
Where appropriate, States should recognize and facilitate fair and transparent sale and lease markets as a means of transfer of rights of use and ownership of land, fisheries and forests. Where markets in tenure
rights operate, 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. Transactions of tenure rights to land, fisheries and forests should comply with national regulation of land use and not jeopardize core development goals |
Right to participation
Human rights noteThe aspect of consistency with international and national legal obligations is related to the Rule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
7.b
States Parties shall take all appropriate measures to eliminate discrimination against women in the political and public life of the country and, in particular, shall ensure to women, on equal terms with men, the right: [..] (b) To participate in the formulation of government policy and the implementation thereof and to hold public office and perform all public functions at all levels of government
|
Transfers and other changes to tenure rights and duties
12. Investments |
12.1
State and non-state actors should acknowledge that responsible public and private investments are essential to improve food security. Responsible governance of tenure of land, fisheries and forests encourages tenure right holders to make responsible investments in these resources, increasing sustainable agricultural production and generating higher incomes. States should promote and support responsible investments in land, fisheries
and forests that support broader social, economic and environmental objectives under a variety of farming systems. 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 equality before courts and tribunals and to a fair trial
Human rights noteThe aspect of consistency with international and national legal obligations is related to the Rule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
15.2
States Parties shall accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. In particular, they shall give women equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals.
|
Transfers and other changes to tenure rights and duties
12. Investments |
12.1
State and non-state actors should acknowledge that responsible public and private investments are essential to improve food security. Responsible governance of tenure of land, fisheries and forests encourages tenure right holders to make responsible investments in these resources, increasing sustainable agricultural production and generating higher incomes. States should promote and support responsible investments in land, fisheries
and forests that support broader social, economic and environmental objectives under a variety of farming systems. 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 equality before the law and equal protection of the law
Human rights noteThe aspect of consistency with international and national legal obligations is related to the Rule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
15
1. States Parties shall accord to women equality with men before the law.
2. States Parties shall accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. In particular, they shall give women equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals.
3. States Parties agree that all contracts and all other private instruments of any kind with a legal effect which is directed at restricting the legal capacity of women shall be deemed null and void.
4. States Parties shall accord to men and women the same rights with regard to the law relating to the movement of persons and the freedom to choose their residence and domicile.
|
Transfers and other changes to tenure rights and duties
12. Investments |
12.1
State and non-state actors should acknowledge that responsible public and private investments are essential to improve food security. Responsible governance of tenure of land, fisheries and forests encourages tenure right holders to make responsible investments in these resources, increasing sustainable agricultural production and generating higher incomes. States should promote and support responsible investments in land, fisheries
and forests that support broader social, economic and environmental objectives under a variety of farming systems. 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 equality before the law and equal protection of the law
Human rights noteThe aspect of consistency with international and national legal obligations is related to the Rule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
2.b & 2.c
States Parties condemn discrimination against women in all its forms, agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women and, to this end, undertake: [..] (b) To adopt appropriate legislative and other measures, including sanctions where appropriate, prohibiting all discrimination against women (c) To establish legal protection of the rights of women on an equal basis with men and to ensure through competent national tribunals and other public institutions the effective protection of women against any act of discrimination
|
Transfers and other changes to tenure rights and duties
12. Investments |
12.1
State and non-state actors should acknowledge that responsible public and private investments are essential to improve food security. Responsible governance of tenure of land, fisheries and forests encourages tenure right holders to make responsible investments in these resources, increasing sustainable agricultural production and generating higher incomes. States should promote and support responsible investments in land, fisheries
and forests that support broader social, economic and environmental objectives under a variety of farming systems. 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 participation
Human rights noteThe aspect of consistency with international and national legal obligations is related to the Rule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
14.2.a
States Parties shall take all appropriate measures to eliminate discrimination against women in rural areas in order to ensure, on a basis of equality of men and women, that they participate in and benefit from rural development and, in particular, shall ensure to such women the right: (a) To participate in the elaboration and implementation of development planning at all levels.
|
Transfers and other changes to tenure rights and duties
12. Investments |
12.1
State and non-state actors should acknowledge that responsible public and private investments are essential to improve food security. Responsible governance of tenure of land, fisheries and forests encourages tenure right holders to make responsible investments in these resources, increasing sustainable agricultural production and generating higher incomes. States should promote and support responsible investments in land, fisheries
and forests that support broader social, economic and environmental objectives under a variety of farming systems. 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 participation
Human rights noteThe aspect of consistency with international and national legal obligations is related to the Rule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
7.b
States Parties shall take all appropriate measures to eliminate discrimination against women in the political and public life of the country and, in particular, shall ensure to women, on equal terms with men, the right: [..] (b) To participate in the formulation of government policy and the implementation thereof and to hold public office and perform all public functions at all levels of government
|
Transfers and other changes to tenure rights and duties
12. Investments |
12.5
States should, with appropriate consultation and participation, provide transparent rules on the scale, scope and nature of allowable transactions in tenure rights and should define what constitutes large-scale transactions
in tenure rights in their national context. |
Right to equality before courts and tribunals and to a fair trial
Human rights noteRule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
15.2
States Parties shall accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. In particular, they shall give women equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals.
|
Transfers and other changes to tenure rights and duties
12. Investments |
12.5
States should, with appropriate consultation and participation, provide transparent rules on the scale, scope and nature of allowable transactions in tenure rights and should define what constitutes large-scale transactions
in tenure rights in their national context. |
Right to equality before the law and equal protection of the law
Human rights noteRule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
15
1. States Parties shall accord to women equality with men before the law.
2. States Parties shall accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. In particular, they shall give women equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals.
3. States Parties agree that all contracts and all other private instruments of any kind with a legal effect which is directed at restricting the legal capacity of women shall be deemed null and void.
4. States Parties shall accord to men and women the same rights with regard to the law relating to the movement of persons and the freedom to choose their residence and domicile.
|
Transfers and other changes to tenure rights and duties
12. Investments |
12.5
States should, with appropriate consultation and participation, provide transparent rules on the scale, scope and nature of allowable transactions in tenure rights and should define what constitutes large-scale transactions
in tenure rights in their national context. |
Right to equality before the law and equal protection of the law
Human rights noteRule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
2.b & 2.c
States Parties condemn discrimination against women in all its forms, agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women and, to this end, undertake: [..] (b) To adopt appropriate legislative and other measures, including sanctions where appropriate, prohibiting all discrimination against women (c) To establish legal protection of the rights of women on an equal basis with men and to ensure through competent national tribunals and other public institutions the effective protection of women against any act of discrimination
|
Transfers and other changes to tenure rights and duties
12. Investments |
12.5
States should, with appropriate consultation and participation, provide transparent rules on the scale, scope and nature of allowable transactions in tenure rights and should define what constitutes large-scale transactions
in tenure rights in their national context. |
Right to participation
Human rights noteRule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
14.2.a
States Parties shall take all appropriate measures to eliminate discrimination against women in rural areas in order to ensure, on a basis of equality of men and women, that they participate in and benefit from rural development and, in particular, shall ensure to such women the right: (a) To participate in the elaboration and implementation of development planning at all levels.
|
Transfers and other changes to tenure rights and duties
12. Investments |
12.5
States should, with appropriate consultation and participation, provide transparent rules on the scale, scope and nature of allowable transactions in tenure rights and should define what constitutes large-scale transactions
in tenure rights in their national context. |
Right to participation
Human rights noteRule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
7.b
States Parties shall take all appropriate measures to eliminate discrimination against women in the political and public life of the country and, in particular, shall ensure to women, on equal terms with men, the right: [..] (b) To participate in the formulation of government policy and the implementation thereof and to hold public office and perform all public functions at all levels of government
|
Transfers and other changes to tenure rights and duties
12. Investments |
12.7
In the case of indigenous peoples and their communities, 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,
including as appropriate from the International Labour Organization Convention (No 169) concerning Indigenous and Tribal Peoples in Independent Countries and the United Nations Declaration on the Rights of Indigenous Peoples. States and other parties should hold good faith consultation with indigenous peoples before initiating any investment
project affecting the resources for which the communities hold rights. Such projects should be based on an effective and meaningful consultation with members of indigenous peoples as described in paragraph 9.9. The principles of consultation and participation of these Guidelines should be applied for investments that use the resources of
other communities. |
Right to equality before courts and tribunals and to a fair trial
Human rights noteThe aspect of consistency with international and national legal obligations is related to the Rule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
15.2
States Parties shall accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. In particular, they shall give women equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals.
|
Transfers and other changes to tenure rights and duties
12. Investments |
12.7
In the case of indigenous peoples and their communities, 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,
including as appropriate from the International Labour Organization Convention (No 169) concerning Indigenous and Tribal Peoples in Independent Countries and the United Nations Declaration on the Rights of Indigenous Peoples. States and other parties should hold good faith consultation with indigenous peoples before initiating any investment
project affecting the resources for which the communities hold rights. Such projects should be based on an effective and meaningful consultation with members of indigenous peoples as described in paragraph 9.9. The principles of consultation and participation of these Guidelines should be applied for investments that use the resources of
other communities. |
Right to equality before the law and equal protection of the law
Human rights noteThe aspect of consistency with international and national legal obligations is related to the Rule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
15
1. States Parties shall accord to women equality with men before the law.
2. States Parties shall accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. In particular, they shall give women equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals.
3. States Parties agree that all contracts and all other private instruments of any kind with a legal effect which is directed at restricting the legal capacity of women shall be deemed null and void.
4. States Parties shall accord to men and women the same rights with regard to the law relating to the movement of persons and the freedom to choose their residence and domicile.
|
Transfers and other changes to tenure rights and duties
12. Investments |
12.7
In the case of indigenous peoples and their communities, 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,
including as appropriate from the International Labour Organization Convention (No 169) concerning Indigenous and Tribal Peoples in Independent Countries and the United Nations Declaration on the Rights of Indigenous Peoples. States and other parties should hold good faith consultation with indigenous peoples before initiating any investment
project affecting the resources for which the communities hold rights. Such projects should be based on an effective and meaningful consultation with members of indigenous peoples as described in paragraph 9.9. The principles of consultation and participation of these Guidelines should be applied for investments that use the resources of
other communities. |
Right to equality before the law and equal protection of the law
Human rights noteThe aspect of consistency with international and national legal obligations is related to the Rule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
2.b & 2.c
States Parties condemn discrimination against women in all its forms, agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women and, to this end, undertake: [..] (b) To adopt appropriate legislative and other measures, including sanctions where appropriate, prohibiting all discrimination against women (c) To establish legal protection of the rights of women on an equal basis with men and to ensure through competent national tribunals and other public institutions the effective protection of women against any act of discrimination
|
Transfers and other changes to tenure rights and duties
12. Investments |
12.7
In the case of indigenous peoples and their communities, 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,
including as appropriate from the International Labour Organization Convention (No 169) concerning Indigenous and Tribal Peoples in Independent Countries and the United Nations Declaration on the Rights of Indigenous Peoples. States and other parties should hold good faith consultation with indigenous peoples before initiating any investment
project affecting the resources for which the communities hold rights. Such projects should be based on an effective and meaningful consultation with members of indigenous peoples as described in paragraph 9.9. The principles of consultation and participation of these Guidelines should be applied for investments that use the resources of
other communities. |
Right to participation
Human rights noteThe aspect of consistency with international and national legal obligations is related to the Rule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
14.2.a
States Parties shall take all appropriate measures to eliminate discrimination against women in rural areas in order to ensure, on a basis of equality of men and women, that they participate in and benefit from rural development and, in particular, shall ensure to such women the right: (a) To participate in the elaboration and implementation of development planning at all levels.
|
Transfers and other changes to tenure rights and duties
12. Investments |
12.7
In the case of indigenous peoples and their communities, 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,
including as appropriate from the International Labour Organization Convention (No 169) concerning Indigenous and Tribal Peoples in Independent Countries and the United Nations Declaration on the Rights of Indigenous Peoples. States and other parties should hold good faith consultation with indigenous peoples before initiating any investment
project affecting the resources for which the communities hold rights. Such projects should be based on an effective and meaningful consultation with members of indigenous peoples as described in paragraph 9.9. The principles of consultation and participation of these Guidelines should be applied for investments that use the resources of
other communities. |
Right to participation
Human rights noteThe aspect of consistency with international and national legal obligations is related to the Rule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
7.b
States Parties shall take all appropriate measures to eliminate discrimination against women in the political and public life of the country and, in particular, shall ensure to women, on equal terms with men, the right: [..] (b) To participate in the formulation of government policy and the implementation thereof and to hold public office and perform all public functions at all levels of government
|
Transfers and other changes to tenure rights and duties
12. Investments |
12.8
States should determine with all affected parties, consistent with the principles of consultation and participation of these Guidelines, the conditions that promote responsible investments and then should develop and publicize policies and laws that encourage responsible investments, respect human rights, and promote food security and sustainable use of the environment. Laws should require agreements for investments to clearly define the rights and duties of all parties to the agreement. Agreements for investments should comply with national legal frameworks and investment codes |
Right to participation
|
|
14.2.a
States Parties shall take all appropriate measures to eliminate discrimination against women in rural areas in order to ensure, on a basis of equality of men and women, that they participate in and benefit from rural development and, in particular, shall ensure to such women the right: (a) To participate in the elaboration and implementation of development planning at all levels.
|
Transfers and other changes to tenure rights and duties
12. Investments |
12.8
States should determine with all affected parties, consistent with the principles of consultation and participation of these Guidelines, the conditions that promote responsible investments and then should develop and publicize policies and laws that encourage responsible investments, respect human rights, and promote food security and sustainable use of the environment. Laws should require agreements for investments to clearly define the rights and duties of all parties to the agreement. Agreements for investments should comply with national legal frameworks and investment codes |
Right to participation
|
|
7.b
States Parties shall take all appropriate measures to eliminate discrimination against women in the political and public life of the country and, in particular, shall ensure to women, on equal terms with men, the right: [..] (b) To participate in the formulation of government policy and the implementation thereof and to hold public office and perform all public functions at all levels of government
|
Transfers and other changes to tenure rights and duties
13. Land consolidation and other readjustment approaches |
13.1
Where appropriate, States may consider land consolidation, exchanges or other voluntary approaches for the readjustment of parcels or holdings
to assist owners and users to improve the layout and use of their parcels or holdings, including for the promotion of food security and rural development in a sustainable manner. States should ensure that all actions are consistent with their obligations under national and international law, and with due regard to voluntary commitments under applicable regional
and international instruments, and ensure that participants are at least as well off after the schemes compared with before. These approaches
should be used to coordinate the preferences of multiple owners and users in a single legitimate readjustment. |
Right to equality before courts and tribunals and to a fair trial
Human rights noteThe aspect of consistency with international and national legal obligations is related to the Rule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
15.2
States Parties shall accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. In particular, they shall give women equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals.
|
Transfers and other changes to tenure rights and duties
13. Land consolidation and other readjustment approaches |
13.1
Where appropriate, States may consider land consolidation, exchanges or other voluntary approaches for the readjustment of parcels or holdings
to assist owners and users to improve the layout and use of their parcels or holdings, including for the promotion of food security and rural development in a sustainable manner. States should ensure that all actions are consistent with their obligations under national and international law, and with due regard to voluntary commitments under applicable regional
and international instruments, and ensure that participants are at least as well off after the schemes compared with before. These approaches
should be used to coordinate the preferences of multiple owners and users in a single legitimate readjustment. |
Right to equality before the law and equal protection of the law
Human rights noteThe aspect of consistency with international and national legal obligations is related to the Rule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
15
1. States Parties shall accord to women equality with men before the law.
2. States Parties shall accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. In particular, they shall give women equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals.
3. States Parties agree that all contracts and all other private instruments of any kind with a legal effect which is directed at restricting the legal capacity of women shall be deemed null and void.
4. States Parties shall accord to men and women the same rights with regard to the law relating to the movement of persons and the freedom to choose their residence and domicile.
|
Transfers and other changes to tenure rights and duties
13. Land consolidation and other readjustment approaches |
13.1
Where appropriate, States may consider land consolidation, exchanges or other voluntary approaches for the readjustment of parcels or holdings
to assist owners and users to improve the layout and use of their parcels or holdings, including for the promotion of food security and rural development in a sustainable manner. States should ensure that all actions are consistent with their obligations under national and international law, and with due regard to voluntary commitments under applicable regional
and international instruments, and ensure that participants are at least as well off after the schemes compared with before. These approaches
should be used to coordinate the preferences of multiple owners and users in a single legitimate readjustment. |
Right to equality before the law and equal protection of the law
Human rights noteThe aspect of consistency with international and national legal obligations is related to the Rule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
2.b & 2.c
States Parties condemn discrimination against women in all its forms, agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women and, to this end, undertake: [..] (b) To adopt appropriate legislative and other measures, including sanctions where appropriate, prohibiting all discrimination against women (c) To establish legal protection of the rights of women on an equal basis with men and to ensure through competent national tribunals and other public institutions the effective protection of women against any act of discrimination
|
Transfers and other changes to tenure rights and duties
13. Land consolidation and other readjustment approaches |
13.1
Where appropriate, States may consider land consolidation, exchanges or other voluntary approaches for the readjustment of parcels or holdings
to assist owners and users to improve the layout and use of their parcels or holdings, including for the promotion of food security and rural development in a sustainable manner. States should ensure that all actions are consistent with their obligations under national and international law, and with due regard to voluntary commitments under applicable regional
and international instruments, and ensure that participants are at least as well off after the schemes compared with before. These approaches
should be used to coordinate the preferences of multiple owners and users in a single legitimate readjustment. |
Right to participation
Human rights noteThe aspect of consistency with international and national legal obligations is related to the Rule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
14.2.a
States Parties shall take all appropriate measures to eliminate discrimination against women in rural areas in order to ensure, on a basis of equality of men and women, that they participate in and benefit from rural development and, in particular, shall ensure to such women the right: (a) To participate in the elaboration and implementation of development planning at all levels.
|
Transfers and other changes to tenure rights and duties
13. Land consolidation and other readjustment approaches |
13.1
Where appropriate, States may consider land consolidation, exchanges or other voluntary approaches for the readjustment of parcels or holdings
to assist owners and users to improve the layout and use of their parcels or holdings, including for the promotion of food security and rural development in a sustainable manner. States should ensure that all actions are consistent with their obligations under national and international law, and with due regard to voluntary commitments under applicable regional
and international instruments, and ensure that participants are at least as well off after the schemes compared with before. These approaches
should be used to coordinate the preferences of multiple owners and users in a single legitimate readjustment. |
Right to participation
Human rights noteThe aspect of consistency with international and national legal obligations is related to the Rule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
7.b
States Parties shall take all appropriate measures to eliminate discrimination against women in the political and public life of the country and, in particular, shall ensure to women, on equal terms with men, the right: [..] (b) To participate in the formulation of government policy and the implementation thereof and to hold public office and perform all public functions at all levels of government
|
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 equality before courts and tribunals and to a fair trial
Human rights noteThe aspect of consistency with international and national legal obligations is related to the Rule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
15.2
States Parties shall accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. In particular, they shall give women equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals.
|
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 equality before the law and equal protection of the law
Human rights noteThe aspect of consistency with international and national legal obligations is related to the Rule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
15
1. States Parties shall accord to women equality with men before the law.
2. States Parties shall accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. In particular, they shall give women equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals.
3. States Parties agree that all contracts and all other private instruments of any kind with a legal effect which is directed at restricting the legal capacity of women shall be deemed null and void.
4. States Parties shall accord to men and women the same rights with regard to the law relating to the movement of persons and the freedom to choose their residence and domicile.
|
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 equality before the law and equal protection of the law
Human rights noteThe aspect of consistency with international and national legal obligations is related to the Rule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
2.b & 2.c
States Parties condemn discrimination against women in all its forms, agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women and, to this end, undertake: [..] (b) To adopt appropriate legislative and other measures, including sanctions where appropriate, prohibiting all discrimination against women (c) To establish legal protection of the rights of women on an equal basis with men and to ensure through competent national tribunals and other public institutions the effective protection of women against any act of discrimination
|
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 equality before courts and tribunals and to a fair trial
Human rights noteThe aspect of consistency with international and national legal obligations is related to the Rule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
15.2
States Parties shall accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. In particular, they shall give women equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals.
|
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 equality before the law and equal protection of the law
Human rights noteThe aspect of consistency with international and national legal obligations is related to the Rule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
15
1. States Parties shall accord to women equality with men before the law.
2. States Parties shall accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. In particular, they shall give women equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals.
3. States Parties agree that all contracts and all other private instruments of any kind with a legal effect which is directed at restricting the legal capacity of women shall be deemed null and void.
4. States Parties shall accord to men and women the same rights with regard to the law relating to the movement of persons and the freedom to choose their residence and domicile.
|
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 equality before the law and equal protection of the law
Human rights noteThe aspect of consistency with international and national legal obligations is related to the Rule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
2.b & 2.c
States Parties condemn discrimination against women in all its forms, agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women and, to this end, undertake: [..] (b) To adopt appropriate legislative and other measures, including sanctions where appropriate, prohibiting all discrimination against women (c) To establish legal protection of the rights of women on an equal basis with men and to ensure through competent national tribunals and other public institutions the effective protection of women against any act of discrimination
|
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 participation
Human rights noteThe aspect of consistency with international and national legal obligations is related to the Rule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
14.2.a
States Parties shall take all appropriate measures to eliminate discrimination against women in rural areas in order to ensure, on a basis of equality of men and women, that they participate in and benefit from rural development and, in particular, shall ensure to such women the right: (a) To participate in the elaboration and implementation of development planning at all levels.
|
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 participation
Human rights noteThe aspect of consistency with international and national legal obligations is related to the Rule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
7.b
States Parties shall take all appropriate measures to eliminate discrimination against women in the political and public life of the country and, in particular, shall ensure to women, on equal terms with men, the right: [..] (b) To participate in the formulation of government policy and the implementation thereof and to hold public office and perform all public functions at all levels of government
|
Transfers and other changes to tenure rights and duties
15. Redistributive reforms |
15.5
Where States choose to implement redistributive reforms, they should clearly define the objectives of reform programmes and indicate land
exempted from such redistribution. The intended beneficiaries, such as families including those seeking homegardens, women, informal
settlement residents, pastoralists, historically disadvantaged groups, marginalized groups, youth, indigenous peoples, gatherers and small-scale food producers, should be clearly defined. |
Right to equality before the law and equal protection of the law
Human rights noteRule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
15
1. States Parties shall accord to women equality with men before the law.
2. States Parties shall accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. In particular, they shall give women equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals.
3. States Parties agree that all contracts and all other private instruments of any kind with a legal effect which is directed at restricting the legal capacity of women shall be deemed null and void.
4. States Parties shall accord to men and women the same rights with regard to the law relating to the movement of persons and the freedom to choose their residence and domicile.
|
Transfers and other changes to tenure rights and duties
15. Redistributive reforms |
15.5
Where States choose to implement redistributive reforms, they should clearly define the objectives of reform programmes and indicate land
exempted from such redistribution. The intended beneficiaries, such as families including those seeking homegardens, women, informal
settlement residents, pastoralists, historically disadvantaged groups, marginalized groups, youth, indigenous peoples, gatherers and small-scale food producers, should be clearly defined. |
Right to equality before the law and equal protection of the law
Human rights noteRule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
2.b & 2.c
States Parties condemn discrimination against women in all its forms, agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women and, to this end, undertake: [..] (b) To adopt appropriate legislative and other measures, including sanctions where appropriate, prohibiting all discrimination against women (c) To establish legal protection of the rights of women on an equal basis with men and to ensure through competent national tribunals and other public institutions the effective protection of women against any act of discrimination
|
Transfers and other changes to tenure rights and duties
15. Redistributive reforms |
15.5
Where States choose to implement redistributive reforms, they should clearly define the objectives of reform programmes and indicate land
exempted from such redistribution. The intended beneficiaries, such as families including those seeking homegardens, women, informal
settlement residents, pastoralists, historically disadvantaged groups, marginalized groups, youth, indigenous peoples, gatherers and small-scale food producers, should be clearly defined. |
Right to participation
Human rights noteRule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
14.2.a
States Parties shall take all appropriate measures to eliminate discrimination against women in rural areas in order to ensure, on a basis of equality of men and women, that they participate in and benefit from rural development and, in particular, shall ensure to such women the right: (a) To participate in the elaboration and implementation of development planning at all levels.
|
Transfers and other changes to tenure rights and duties
15. Redistributive reforms |
15.5
Where States choose to implement redistributive reforms, they should clearly define the objectives of reform programmes and indicate land
exempted from such redistribution. The intended beneficiaries, such as families including those seeking homegardens, women, informal
settlement residents, pastoralists, historically disadvantaged groups, marginalized groups, youth, indigenous peoples, gatherers and small-scale food producers, should be clearly defined. |
Right to participation
Human rights noteRule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
7.b
States Parties shall take all appropriate measures to eliminate discrimination against women in the political and public life of the country and, in particular, shall ensure to women, on equal terms with men, the right: [..] (b) To participate in the formulation of government policy and the implementation thereof and to hold public office and perform all public functions at all levels of government
|
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
Human rights noteRule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
15
1. States Parties shall accord to women equality with men before the law.
2. States Parties shall accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. In particular, they shall give women equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals.
3. States Parties agree that all contracts and all other private instruments of any kind with a legal effect which is directed at restricting the legal capacity of women shall be deemed null and void.
4. States Parties shall accord to men and women the same rights with regard to the law relating to the movement of persons and the freedom to choose their residence and domicile.
|
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
Human rights noteRule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
2.b & 2.c
States Parties condemn discrimination against women in all its forms, agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women and, to this end, undertake: [..] (b) To adopt appropriate legislative and other measures, including sanctions where appropriate, prohibiting all discrimination against women (c) To establish legal protection of the rights of women on an equal basis with men and to ensure through competent national tribunals and other public institutions the effective protection of women against any act of discrimination
|
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 participation
Human rights noteRule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
14.2.a
States Parties shall take all appropriate measures to eliminate discrimination against women in rural areas in order to ensure, on a basis of equality of men and women, that they participate in and benefit from rural development and, in particular, shall ensure to such women the right: (a) To participate in the elaboration and implementation of development planning at all levels.
|
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 participation
Human rights noteRule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
14.2.a
States Parties shall take all appropriate measures to eliminate discrimination against women in rural areas in order to ensure, on a basis of equality of men and women, that they participate in and benefit from rural development and, in particular, shall ensure to such women the right: (a) To participate in the elaboration and implementation of development planning at all levels.
|
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 participation
Human rights noteRule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
7.b
States Parties shall take all appropriate measures to eliminate discrimination against women in the political and public life of the country and, in particular, shall ensure to women, on equal terms with men, the right: [..] (b) To participate in the formulation of government policy and the implementation thereof and to hold public office and perform all public functions at all levels of government
|
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 participation
Human rights noteRule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
7.b
States Parties shall take all appropriate measures to eliminate discrimination against women in the political and public life of the country and, in particular, shall ensure to women, on equal terms with men, the right: [..] (b) To participate in the formulation of government policy and the implementation thereof and to hold public office and perform all public functions at all levels of government
|
Transfers and other changes to tenure rights and duties
16. Expropriation and compensation |
16.1
Subject to their national law and legislation and in accordance with national context, States should expropriate only where rights to land, fisheries or
forests are required for a public purpose. States should clearly define the concept of public purpose in law, in order to allow for judicial review. States should ensure that all actions are consistent with their national law as well as their existing obligations under national and international law, and with due regard to voluntary commitments under applicable
regional and international instruments. They should respect all legitimate tenure right holders, especially vulnerable and marginalized groups, by
acquiring the minimum resources necessary and promptly providing just compensation in accordance with national law |
Right to equality before courts and tribunals and to a fair trial
Human rights noteRule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
15.2
States Parties shall accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. In particular, they shall give women equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals.
|
Transfers and other changes to tenure rights and duties
16. Expropriation and compensation |
16.1
Subject to their national law and legislation and in accordance with national context, States should expropriate only where rights to land, fisheries or
forests are required for a public purpose. States should clearly define the concept of public purpose in law, in order to allow for judicial review. States should ensure that all actions are consistent with their national law as well as their existing obligations under national and international law, and with due regard to voluntary commitments under applicable
regional and international instruments. They should respect all legitimate tenure right holders, especially vulnerable and marginalized groups, by
acquiring the minimum resources necessary and promptly providing just compensation in accordance with national law |
Right to equality before courts and tribunals and to a fair trial
Human rights noteRule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
15.2
States Parties shall accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. In particular, they shall give women equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals.
|
Transfers and other changes to tenure rights and duties
16. Expropriation and compensation |
16.1
Subject to their national law and legislation and in accordance with national context, States should expropriate only where rights to land, fisheries or
forests are required for a public purpose. States should clearly define the concept of public purpose in law, in order to allow for judicial review. States should ensure that all actions are consistent with their national law as well as their existing obligations under national and international law, and with due regard to voluntary commitments under applicable
regional and international instruments. They should respect all legitimate tenure right holders, especially vulnerable and marginalized groups, by
acquiring the minimum resources necessary and promptly providing just compensation in accordance with national law |
Right to equality before the law and equal protection of the law
Human rights noteRule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
15
1. States Parties shall accord to women equality with men before the law.
2. States Parties shall accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. In particular, they shall give women equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals.
3. States Parties agree that all contracts and all other private instruments of any kind with a legal effect which is directed at restricting the legal capacity of women shall be deemed null and void.
4. States Parties shall accord to men and women the same rights with regard to the law relating to the movement of persons and the freedom to choose their residence and domicile.
|
Transfers and other changes to tenure rights and duties
16. Expropriation and compensation |
16.1
Subject to their national law and legislation and in accordance with national context, States should expropriate only where rights to land, fisheries or
forests are required for a public purpose. States should clearly define the concept of public purpose in law, in order to allow for judicial review. States should ensure that all actions are consistent with their national law as well as their existing obligations under national and international law, and with due regard to voluntary commitments under applicable
regional and international instruments. They should respect all legitimate tenure right holders, especially vulnerable and marginalized groups, by
acquiring the minimum resources necessary and promptly providing just compensation in accordance with national law |
Right to equality before the law and equal protection of the law
Human rights noteRule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
15
1. States Parties shall accord to women equality with men before the law.
2. States Parties shall accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. In particular, they shall give women equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals.
3. States Parties agree that all contracts and all other private instruments of any kind with a legal effect which is directed at restricting the legal capacity of women shall be deemed null and void.
4. States Parties shall accord to men and women the same rights with regard to the law relating to the movement of persons and the freedom to choose their residence and domicile.
|
Transfers and other changes to tenure rights and duties
16. Expropriation and compensation |
16.1
Subject to their national law and legislation and in accordance with national context, States should expropriate only where rights to land, fisheries or
forests are required for a public purpose. States should clearly define the concept of public purpose in law, in order to allow for judicial review. States should ensure that all actions are consistent with their national law as well as their existing obligations under national and international law, and with due regard to voluntary commitments under applicable
regional and international instruments. They should respect all legitimate tenure right holders, especially vulnerable and marginalized groups, by
acquiring the minimum resources necessary and promptly providing just compensation in accordance with national law |
Right to equality before the law and equal protection of the law
Human rights noteRule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
2.b & 2.c
States Parties condemn discrimination against women in all its forms, agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women and, to this end, undertake: [..] (b) To adopt appropriate legislative and other measures, including sanctions where appropriate, prohibiting all discrimination against women (c) To establish legal protection of the rights of women on an equal basis with men and to ensure through competent national tribunals and other public institutions the effective protection of women against any act of discrimination
|
Transfers and other changes to tenure rights and duties
16. Expropriation and compensation |
16.1
Subject to their national law and legislation and in accordance with national context, States should expropriate only where rights to land, fisheries or
forests are required for a public purpose. States should clearly define the concept of public purpose in law, in order to allow for judicial review. States should ensure that all actions are consistent with their national law as well as their existing obligations under national and international law, and with due regard to voluntary commitments under applicable
regional and international instruments. They should respect all legitimate tenure right holders, especially vulnerable and marginalized groups, by
acquiring the minimum resources necessary and promptly providing just compensation in accordance with national law |
Right to equality before the law and equal protection of the law
Human rights noteRule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
2.b & 2.c
States Parties condemn discrimination against women in all its forms, agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women and, to this end, undertake: [..] (b) To adopt appropriate legislative and other measures, including sanctions where appropriate, prohibiting all discrimination against women (c) To establish legal protection of the rights of women on an equal basis with men and to ensure through competent national tribunals and other public institutions the effective protection of women against any act of discrimination
|
Transfers and other changes to tenure rights and duties
16. Expropriation and compensation |
16.1
Subject to their national law and legislation and in accordance with national context, States should expropriate only where rights to land, fisheries or
forests are required for a public purpose. States should clearly define the concept of public purpose in law, in order to allow for judicial review. States should ensure that all actions are consistent with their national law as well as their existing obligations under national and international law, and with due regard to voluntary commitments under applicable
regional and international instruments. They should respect all legitimate tenure right holders, especially vulnerable and marginalized groups, by
acquiring the minimum resources necessary and promptly providing just compensation in accordance with national law |
Right to participation
Human rights noteRule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
14.2.a
States Parties shall take all appropriate measures to eliminate discrimination against women in rural areas in order to ensure, on a basis of equality of men and women, that they participate in and benefit from rural development and, in particular, shall ensure to such women the right: (a) To participate in the elaboration and implementation of development planning at all levels.
|
Transfers and other changes to tenure rights and duties
16. Expropriation and compensation |
16.1
Subject to their national law and legislation and in accordance with national context, States should expropriate only where rights to land, fisheries or
forests are required for a public purpose. States should clearly define the concept of public purpose in law, in order to allow for judicial review. States should ensure that all actions are consistent with their national law as well as their existing obligations under national and international law, and with due regard to voluntary commitments under applicable
regional and international instruments. They should respect all legitimate tenure right holders, especially vulnerable and marginalized groups, by
acquiring the minimum resources necessary and promptly providing just compensation in accordance with national law |
Right to participation
Human rights noteRule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
14.2.a
States Parties shall take all appropriate measures to eliminate discrimination against women in rural areas in order to ensure, on a basis of equality of men and women, that they participate in and benefit from rural development and, in particular, shall ensure to such women the right: (a) To participate in the elaboration and implementation of development planning at all levels.
|
Transfers and other changes to tenure rights and duties
16. Expropriation and compensation |
16.1
Subject to their national law and legislation and in accordance with national context, States should expropriate only where rights to land, fisheries or
forests are required for a public purpose. States should clearly define the concept of public purpose in law, in order to allow for judicial review. States should ensure that all actions are consistent with their national law as well as their existing obligations under national and international law, and with due regard to voluntary commitments under applicable
regional and international instruments. They should respect all legitimate tenure right holders, especially vulnerable and marginalized groups, by
acquiring the minimum resources necessary and promptly providing just compensation in accordance with national law |
Right to participation
Human rights noteRule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
7.b
States Parties shall take all appropriate measures to eliminate discrimination against women in the political and public life of the country and, in particular, shall ensure to women, on equal terms with men, the right: [..] (b) To participate in the formulation of government policy and the implementation thereof and to hold public office and perform all public functions at all levels of government
|
Transfers and other changes to tenure rights and duties
16. Expropriation and compensation |
16.1
Subject to their national law and legislation and in accordance with national context, States should expropriate only where rights to land, fisheries or
forests are required for a public purpose. States should clearly define the concept of public purpose in law, in order to allow for judicial review. States should ensure that all actions are consistent with their national law as well as their existing obligations under national and international law, and with due regard to voluntary commitments under applicable
regional and international instruments. They should respect all legitimate tenure right holders, especially vulnerable and marginalized groups, by
acquiring the minimum resources necessary and promptly providing just compensation in accordance with national law |
Right to participation
Human rights noteRule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
|
7.b
States Parties shall take all appropriate measures to eliminate discrimination against women in the political and public life of the country and, in particular, shall ensure to women, on equal terms with men, the right: [..] (b) To participate in the formulation of government policy and the implementation thereof and to hold public office and perform all public functions at all levels of government
|
Administration of tenure
18. Valuation |
18.3
States should develop policies and laws that encourage and require transparency in valuing tenure rights. Sale prices and other relevant information should be recorded, analysed and made accessible to provide a basis for accurate and reliable assessments of values. |
Right to participation
|
|
14.2.a
States Parties shall take all appropriate measures to eliminate discrimination against women in rural areas in order to ensure, on a basis of equality of men and women, that they participate in and benefit from rural development and, in particular, shall ensure to such women the right: (a) To participate in the elaboration and implementation of development planning at all levels.
Explanatory noteCEDAW has indicated that States should: a) establish quotas and targets for rural women’s representation in decision-making positions, specifically in parliaments and governance bodies at all levels, including in land, forestry, fishery and water governance bodies, as well as natural resource management. In this regard, clear objectives and time frames should be in place to reach substantive equality of women and men;
(b) Ensure that rural women and their organizations can influence policy formulation, implementation and monitoring at all levels and in all areas that affect them, including through participation in political parties and in local and self-governing bodies, such as community and village councils. States parties should design and implement tools to monitor rural women’s participation in all public entities in order to eradicate discrimination;
(c) Address unequal power relations between women and men, including in decision-making and political processes at the community level, and remove barriers to rural women’s participation in community life through the establishment of effective and gender-responsive rural decision-making structures. States parties should develop action plans that address practical barriers to rural women’s participation in community life and implement campaigns to raise awareness about the importance of their participation in community decision-making; [...] See CEDAW, general recommendation no. 34
|
Administration of tenure
18. Valuation |
18.3
States should develop policies and laws that encourage and require transparency in valuing tenure rights. Sale prices and other relevant information should be recorded, analysed and made accessible to provide a basis for accurate and reliable assessments of values. |
Right to participation
|
|
7.b
States Parties shall take all appropriate measures to eliminate discrimination against women in the political and public life of the country and, in particular, shall ensure to women, on equal terms with men, the right: [..] (b) To participate in the formulation of government policy and the implementation thereof and to hold public office and perform all public functions at all levels of government
|
Administration of tenure
18. Valuation |
18.4
States and other parties should develop and publicize national standards for valuation for governmental, commercial and other purposes. National standards should be consistent with relevant international standards. Training of staff should include methodologies and international standards. |
Right to adequate housing
Human rights noteCESCR has clarified that legal security of tenure is a core aspect of the right to adequate housing. It has also indicated that notwithstanding the type of tenure, all persons should possess a degree of security of tenure which guarantees legal protection against forced eviction, harassment and other threats. States parties should consequently take immediate measures aimed at conferring legal security of tenure upon those persons and households currently lacking such protection, in genuine consultation with affected persons and groups. Forced evictions are therefore prima facie incompatible with the requirements of the ICESCR and may also result in violations of civil and political rights, such as the right to life, the right to security of the person, the right to non interference with privacy, family and home and the right to the peaceful enjoyment of possessions. State parties must introduce and implement national legislation that explicitly prohibits forced evictions and sets out a framework for eviction and resettlement processes to be carried out in line with international human rights law and standards. Prior to carrying out any evictions or shifts in land use which could result in depriving individuals of access to their productive resources, States parties should ensure that all feasible alternatives are explored in consultation with the affected persons, with a view to avoiding, or at least minimizing, the need to resort to evictions. In all cases, effective legal remedies or procedures shall be provided to those who are affected by eviction orders. See CESCR, GCs Nos. 4, 7 and 26. |
|
12.2.h
States Parties shall undertake all appropriate measures to eliminate discrimination against women in rural areas in order to ensure, on a basis of equality of men and women, that they participate in and benefit from rural development and, in particular, shall ensure to such women the right … (h) to enjoy adequate living conditions, particularly in relation to housing, sanitation, electricity and water supply, transport and communications
|
Administration of tenure
18. Valuation |
18.4
States and other parties should develop and publicize national standards for valuation for governmental, commercial and other purposes. National standards should be consistent with relevant international standards. Training of staff should include methodologies and international standards. |
Right to equality and non-discrimination
|
|
14.2.g
States Parties shall take all appropriate measures to eliminate discrimination against women in rural areas in order to ensure, on a basis of equality of men and women, that they participate in and benefit from rural development and, in particular, shall ensure to such women the right: [..] (g) To have access to agricultural credit and loans, marketing facilities, appropriate technology and equal treatment in land and agrarian reform as well as in land resettlement schemes.
Explanatory noteCEDAW considers rural women’s rights to land, natural resources, including water, seeds and forests, and fisheries as fundamental human rights. It has stated that States parties should pay special attention to customary systems, which often govern land management, administration and transfer, in particular in rural areas, and ensure that they do not discriminate against rural women. They should raise awareness about rural women’s rights to land, water and other natural resources among traditional, religious and customary leaders, lawmakers, the judiciary, lawyers, law enforcement authorities, land administrators, the media and other relevant actors. States parties should ensure that legislation guarantees rural women’s rights to land, water and other natural resources on an equal basis with men, irrespective of their civil and marital status or of a male guardian or guarantor, and that they have full legal capacity. They should ensure that indigenous women in rural areas have equal access with indigenous men to ownership and possession of and control over land, water, forests, fisheries, aquaculture and other resources that they have traditionally owned, occupied or otherwise used or acquired, including by protecting them against discrimination and dispossession. CEDAW has also affirmed that States parties should:
(a) Promote rural women’s access to and meaningful participation in agricultural cooperatives, in which women may be members or the sole members;
(b) Enhance rural women’s role in fisheries and aquaculture, as well as their knowledge of the sustainable use of fishery resources, and promote their access to forests and sustainable forest resources, including safe access to fuelwood and non-wood forest resources;
(c) Strengthen customary and statutory institutions and mechanisms for defending or protecting women’s rights to land, water and other natural resources, including community paralegal services. See CEDAW, General Recommendation No. 34.
|
Administration of tenure
18. Valuation |
18.4
States and other parties should develop and publicize national standards for valuation for governmental, commercial and other purposes. National standards should be consistent with relevant international standards. Training of staff should include methodologies and international standards. |
Right to equality and non-discrimination
|
|
2
States Parties condemn discrimination against women in all its forms, agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women and, to this end, undertake: [..] see also the rest of ICEDAW
|
Administration of tenure
18. Valuation |
18.4
States and other parties should develop and publicize national standards for valuation for governmental, commercial and other purposes. National standards should be consistent with relevant international standards. Training of staff should include methodologies and international standards. |
Right to equality and non-discrimination
|
|
4
1. Adoption by States Parties of temporary special measures aimed at accelerating de facto equality between men and women shall not be considered discrimination as defined in the present Convention, but shall in no way entail as a consequence the maintenance of unequal or separate standards; these measures shall be discontinued when the objectives of equality of opportunity and treatment have been achieved.
2. Adoption by States Parties of special measures, including those measures contained in the present Convention, aimed at protecting maternity shall not be considered discriminatory.
|
Administration of tenure
18. Valuation |
18.4
States and other parties should develop and publicize national standards for valuation for governmental, commercial and other purposes. National standards should be consistent with relevant international standards. Training of staff should include methodologies and international standards. |
Right to equality before the law and equal protection of the law
|
|
15
1. States Parties shall accord to women equality with men before the law.
2. States Parties shall accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. In particular, they shall give women equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals.
3. States Parties agree that all contracts and all other private instruments of any kind with a legal effect which is directed at restricting the legal capacity of women shall be deemed null and void.
4. States Parties shall accord to men and women the same rights with regard to the law relating to the movement of persons and the freedom to choose their residence and domicile.
|
Administration of tenure
18. Valuation |
18.4
States and other parties should develop and publicize national standards for valuation for governmental, commercial and other purposes. National standards should be consistent with relevant international standards. Training of staff should include methodologies and international standards. |
Right to equality before the law and equal protection of the law
|
|
2.b & 2.c
States Parties condemn discrimination against women in all its forms, agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women and, to this end, undertake: [..] (b) To adopt appropriate legislative and other measures, including sanctions where appropriate, prohibiting all discrimination against women (c) To establish legal protection of the rights of women on an equal basis with men and to ensure through competent national tribunals and other public institutions the effective protection of women against any act of discrimination
|
Administration of tenure
18. Valuation |
18.4
States and other parties should develop and publicize national standards for valuation for governmental, commercial and other purposes. National standards should be consistent with relevant international standards. Training of staff should include methodologies and international standards. |
Right to participation
|
|
14.2.a
States Parties shall take all appropriate measures to eliminate discrimination against women in rural areas in order to ensure, on a basis of equality of men and women, that they participate in and benefit from rural development and, in particular, shall ensure to such women the right: (a) To participate in the elaboration and implementation of development planning at all levels.
Explanatory noteCEDAW has indicated that States should: a) establish quotas and targets for rural women’s representation in decision-making positions, specifically in parliaments and governance bodies at all levels, including in land, forestry, fishery and water governance bodies, as well as natural resource management. In this regard, clear objectives and time frames should be in place to reach substantive equality of women and men;
(b) Ensure that rural women and their organizations can influence policy formulation, implementation and monitoring at all levels and in all areas that affect them, including through participation in political parties and in local and self-governing bodies, such as community and village councils. States parties should design and implement tools to monitor rural women’s participation in all public entities in order to eradicate discrimination;
(c) Address unequal power relations between women and men, including in decision-making and political processes at the community level, and remove barriers to rural women’s participation in community life through the establishment of effective and gender-responsive rural decision-making structures. States parties should develop action plans that address practical barriers to rural women’s participation in community life and implement campaigns to raise awareness about the importance of their participation in community decision-making; [...] See CEDAW, general recommendation no. 34
|
Administration of tenure
18. Valuation |
18.4
States and other parties should develop and publicize national standards for valuation for governmental, commercial and other purposes. National standards should be consistent with relevant international standards. Training of staff should include methodologies and international standards. |
Right to participation
|
|
7.b
States Parties shall take all appropriate measures to eliminate discrimination against women in the political and public life of the country and, in particular, shall ensure to women, on equal terms with men, the right: [..] (b) To participate in the formulation of government policy and the implementation thereof and to hold public office and perform all public functions at all levels of government
|
Administration of tenure
18. Valuation |
18.4
States and other parties should develop and publicize national standards for valuation for governmental, commercial and other purposes. National standards should be consistent with relevant international standards. Training of staff should include methodologies and international standards. |
Right to property
|
|
15.2
States Parties shall accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. In particular, they shall give women equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals.
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Administration of tenure
18. Valuation |
18.4
States and other parties should develop and publicize national standards for valuation for governmental, commercial and other purposes. National standards should be consistent with relevant international standards. Training of staff should include methodologies and international standards. |
Right to property
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16.1.h
1. States Parties shall take all appropriate measures to eliminate discrimination against women in all matters relating to marriage and family relations and in particular shall ensure, on a basis of equality of men and women: (h) The same rights for both spouses in respect of the ownership, acquisition, management, administration, enjoyment and disposition of property, whether free of charge or for a valuable consideration.
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Administration of tenure
18. Valuation |
18.4
States and other parties should develop and publicize national standards for valuation for governmental, commercial and other purposes. National standards should be consistent with relevant international standards. Training of staff should include methodologies and international standards. |
Right to take part in cultural life
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13.c
States Parties shall take all appropriate measures to eliminate discrimination against women in other areas of economic and social life in order to ensure, on a basis of equality of men and women, the same rights, in particular: [..]
(c) The right to participate in recreational activities, sports and all aspects of cultural life.
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Administration of tenure
18. Valuation |
18.4
States and other parties should develop and publicize national standards for valuation for governmental, commercial and other purposes. National standards should be consistent with relevant international standards. Training of staff should include methodologies and international standards. |
Right to water
Human rights noteThe human right to water has been recognized by the UN General Assembly (resolution 64/292) and the Human Rights Council (resolution 15/9), as an integral part of right to an adequate standard of living, protected under, inter alia, article 25 of UDHR, and article 11 of ICESCR. With regard to the human right to water, the CESCR has indicated that attention should be given to ensuring that disadvantaged and marginalized farmers, including women farmers, have equitable access to water and water management systems, including sustainable rain harvesting and irrigation technology. Taking note of the duty in article 1, paragraph 2, of the Covenant, which provides that a people may not “be deprived of its means of subsistence”, States parties should ensure that there is adequate access to water for subsistence farming and for securing the livelihoods of indigenous peoples. The CESCR has also stated that: access to traditional water sources in rural areas should be protected from unlawful encroachment and pollution; Indigenous peoples’ access to water resources on their ancestral lands is protected from encroachment and unlawful pollution; States should provide resources for indigenous peoples to design, deliver and control their access to water; Nomadic and traveller communities have access to adequate water at traditional and designated halting sites. CESCR GC No. 26 has also highlighted that land is also directly linked to the enjoyment of the right to water. For example, the enclosure of communal grounds deprives people from access to water sources that are necessary to meet their personal and domestic needs. |
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14.2.h
States parties shall take all appropriate measures to eliminate discrimination against women in rural areas in order to ensure, on a basis of equality of men and women, that they participate in and benefit from rural development and, in particular shall ensure to women the right: [..] (h) To enjoy adequate living conditions, particularly in relation to housing, sanitation, electricity and water supply, transport and communications.
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Administration of tenure
18. Valuation |
18.4
States and other parties should develop and publicize national standards for valuation for governmental, commercial and other purposes. National standards should be consistent with relevant international standards. Training of staff should include methodologies and international standards. |
Right to work, to free choice of employment, right to enjoyment of just and favourable conditions of work
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11.1.a & c
11. States Parties shall take all appropriate measures to eliminate discrimination against women in the field of employment in order to ensure, on a basis of equality of men and women, the same rights, in particular: a. The right to work as an inalienable right of all human beings; [..] c. The right to free choice of profession and employment, the right to promotion, job security and all benefits and conditions of service and the right to receive vocational training and retraining, including apprenticeships, advanced vocational training and recurrent training;
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Responses to climate change and emergencies
24. Natural disasters |
24.2
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. All parties should act, taking into consideration relevant international principles, including as appropriate the United Nations principles on Housing and Property Restitution for Refugees and Displaced Persons (“Pinheiro Principles”), and the Humanitarian Charter and Minimum Standards in Disaster Response. |
Right to equality before courts and tribunals and to a fair trial
Human rights noteThe aspect of consistency with international and national legal obligations is related to the Rule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
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15.2
States Parties shall accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. In particular, they shall give women equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals.
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Responses to climate change and emergencies
24. Natural disasters |
24.2
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. All parties should act, taking into consideration relevant international principles, including as appropriate the United Nations principles on Housing and Property Restitution for Refugees and Displaced Persons (“Pinheiro Principles”), and the Humanitarian Charter and Minimum Standards in Disaster Response. |
Right to equality before the law and equal protection of the law
Human rights noteThe aspect of consistency with international and national legal obligations is related to the Rule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
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15
1. States Parties shall accord to women equality with men before the law.
2. States Parties shall accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. In particular, they shall give women equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals.
3. States Parties agree that all contracts and all other private instruments of any kind with a legal effect which is directed at restricting the legal capacity of women shall be deemed null and void.
4. States Parties shall accord to men and women the same rights with regard to the law relating to the movement of persons and the freedom to choose their residence and domicile.
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Responses to climate change and emergencies
24. Natural disasters |
24.2
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. All parties should act, taking into consideration relevant international principles, including as appropriate the United Nations principles on Housing and Property Restitution for Refugees and Displaced Persons (“Pinheiro Principles”), and the Humanitarian Charter and Minimum Standards in Disaster Response. |
Right to equality before the law and equal protection of the law
Human rights noteThe aspect of consistency with international and national legal obligations is related to the Rule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
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2.b & 2.c
States Parties condemn discrimination against women in all its forms, agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women and, to this end, undertake: [..] (b) To adopt appropriate legislative and other measures, including sanctions where appropriate, prohibiting all discrimination against women (c) To establish legal protection of the rights of women on an equal basis with men and to ensure through competent national tribunals and other public institutions the effective protection of women against any act of discrimination
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Responses to climate change and emergencies
24. Natural disasters |
24.2
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. All parties should act, taking into consideration relevant international principles, including as appropriate the United Nations principles on Housing and Property Restitution for Refugees and Displaced Persons (“Pinheiro Principles”), and the Humanitarian Charter and Minimum Standards in Disaster Response. |
Right to participation
Human rights noteThe aspect of consistency with international and national legal obligations is related to the Rule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
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14.2.a
States Parties shall take all appropriate measures to eliminate discrimination against women in rural areas in order to ensure, on a basis of equality of men and women, that they participate in and benefit from rural development and, in particular, shall ensure to such women the right: (a) To participate in the elaboration and implementation of development planning at all levels.
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Responses to climate change and emergencies
24. Natural disasters |
24.2
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. All parties should act, taking into consideration relevant international principles, including as appropriate the United Nations principles on Housing and Property Restitution for Refugees and Displaced Persons (“Pinheiro Principles”), and the Humanitarian Charter and Minimum Standards in Disaster Response. |
Right to participation
Human rights noteThe aspect of consistency with international and national legal obligations is related to the Rule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
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7.b
States Parties shall take all appropriate measures to eliminate discrimination against women in the political and public life of the country and, in particular, shall ensure to women, on equal terms with men, the right: [..] (b) To participate in the formulation of government policy and the implementation thereof and to hold public office and perform all public functions at all levels of government
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Responses to climate change and emergencies
25. Conflicts in respect to tenure of land, fisheries and forests |
25.2
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, including as appropriate those of the Convention relating to
the Status of Refugees and its Protocol, and the United Nations Principles on Housing and Property Restitution for Refugees and Displaced Persons (“Pinheiro Principles”). During and after conflicts States should respect
applicable international humanitarian law related to legitimate tenure rights. |
Right to equality before courts and tribunals and to a fair trial
Human rights noteThe aspect of consistency with international and national legal obligations is related to the Rule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
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15.2
States Parties shall accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. In particular, they shall give women equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals.
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Responses to climate change and emergencies
25. Conflicts in respect to tenure of land, fisheries and forests |
25.2
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, including as appropriate those of the Convention relating to
the Status of Refugees and its Protocol, and the United Nations Principles on Housing and Property Restitution for Refugees and Displaced Persons (“Pinheiro Principles”). During and after conflicts States should respect
applicable international humanitarian law related to legitimate tenure rights. |
Right to equality before the law and equal protection of the law
Human rights noteThe aspect of consistency with international and national legal obligations is related to the Rule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
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15
1. States Parties shall accord to women equality with men before the law.
2. States Parties shall accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. In particular, they shall give women equal rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals.
3. States Parties agree that all contracts and all other private instruments of any kind with a legal effect which is directed at restricting the legal capacity of women shall be deemed null and void.
4. States Parties shall accord to men and women the same rights with regard to the law relating to the movement of persons and the freedom to choose their residence and domicile.
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Responses to climate change and emergencies
25. Conflicts in respect to tenure of land, fisheries and forests |
25.2
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, including as appropriate those of the Convention relating to
the Status of Refugees and its Protocol, and the United Nations Principles on Housing and Property Restitution for Refugees and Displaced Persons (“Pinheiro Principles”). During and after conflicts States should respect
applicable international humanitarian law related to legitimate tenure rights. |
Right to equality before the law and equal protection of the law
Human rights noteThe aspect of consistency with international and national legal obligations is related to the Rule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
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2.b & 2.c
States Parties condemn discrimination against women in all its forms, agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women and, to this end, undertake: [..] (b) To adopt appropriate legislative and other measures, including sanctions where appropriate, prohibiting all discrimination against women (c) To establish legal protection of the rights of women on an equal basis with men and to ensure through competent national tribunals and other public institutions the effective protection of women against any act of discrimination
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Responses to climate change and emergencies
25. Conflicts in respect to tenure of land, fisheries and forests |
25.2
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, including as appropriate those of the Convention relating to
the Status of Refugees and its Protocol, and the United Nations Principles on Housing and Property Restitution for Refugees and Displaced Persons (“Pinheiro Principles”). During and after conflicts States should respect
applicable international humanitarian law related to legitimate tenure rights. |
Right to participation
Human rights noteThe aspect of consistency with international and national legal obligations is related to the Rule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
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14.2.a
States Parties shall take all appropriate measures to eliminate discrimination against women in rural areas in order to ensure, on a basis of equality of men and women, that they participate in and benefit from rural development and, in particular, shall ensure to such women the right: (a) To participate in the elaboration and implementation of development planning at all levels.
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Responses to climate change and emergencies
25. Conflicts in respect to tenure of land, fisheries and forests |
25.2
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, including as appropriate those of the Convention relating to
the Status of Refugees and its Protocol, and the United Nations Principles on Housing and Property Restitution for Refugees and Displaced Persons (“Pinheiro Principles”). During and after conflicts States should respect
applicable international humanitarian law related to legitimate tenure rights. |
Right to participation
Human rights noteThe aspect of consistency with international and national legal obligations is related to the Rule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/).
As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32. |
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7.b
States Parties shall take all appropriate measures to eliminate discrimination against women in the political and public life of the country and, in particular, shall ensure to women, on equal terms with men, the right: [..] (b) To participate in the formulation of government policy and the implementation thereof and to hold public office and perform all public functions at all levels of government
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