Women's Human Rights Resources Database


Your search for the subject "Property Law and Housing Rights" found 18 records.

[ Articles Documents Links ]

Click each title for item details
Documents by United Nations Bodies and Agencies

United Nations Committee on Economic, Social and Cultural Rights, General Comment 7: The right to adequate housing: forced evictions (Art. 11.1) , E/C.12/1997/4 (1997)

General Comment 7 by the United Nations Committee on Economic, Social and Cultural Rights provides clarification on the right to adequate housing. Within the Comment, the Committee defines the term "forced evictions" and describes the extent of forced evictions globally. The Committee notes that the practice of forced evictions is linked to other human rights violations, such as the right to life, security of the person, non-interference with privacy, family and home and the right to the peaceful enjoyment of possessions. The comment specifically notes the vulnerability of women to forced evictions and links this to the persistent statutory discrimination of women's ownership of property.

View Article - [ HTML Format]

United Nations Centre for Human Settlements (UN-HABITAT), On Removing Discrimination Against Women in Respect of Property and Inheritance Rights, UN-HABITAT: Tools on Improving Women's Secure Tenure, Series 2, No.1, December 2004

This report begins with an overview of property, inheritance and housing rights under international law. Following this introduction is a review of factors at the national level which prevent the full enjoyment of human rights by women. The report contains a detailed chart of countries which fail to recognize women's equality rights in their domestic legislation, specifically highlighting the legislation of the targeted countries which prevents the enjoyment of women's property and housing rights. The final section of the paper reviews some potential best practices in ensuring that women are able to access the full range of their human rights.

View Article - [ PDF Format requires pdf reader]
Erturk, Yakin, UN Commission on Human Rights, Report of Special Rapporteur on Violence Against Women, Its Causes and Consequences - Intersections of Violence Against Women and HIV/AIDS (Delivered at the 61st Session of the Commission on Human Rights), U.N. Doc E/CN4/2005/72 (2005)

This report analyzes the interconnections between VAW and HIV/AIDS, considering violence to be both a cause and consequence of HIV/AIDS. Discrimination against women, due to gender inequality, is compounded at the intersection of patriarchy and other sites of oppression, which subjugate women to a continuum of violence and make them susceptible to HIV/AIDS. As a result, women with HIV/AIDS are subjected to even further stigmas, and suffer from social ostracism, withdrawal of family care, loss of property rights, and even further violence. The Special Rapporteur calls upon States to recognize and act upon the intersection of the HIV/AIDS issue and VAW.

Rights and Reality: Are Women's Equal Rights to Land, Housing and Property Implemented in East Africa?, UN-HABITAT (2002)

This comprehensive report on the implementation of property and housing rights for women in East Africa also contains general information on women's property rights. Chapter 1 begins by discussing the various components of international law regarding property and housing rights and the extent to which these are binding upon states. The chapter then proceeds to review the interpretation of the right to property and housing with regards to women. The remainder of the report focuses specifically on the status of women's property and housing rights in Tanzania, Kenya and Uganda.

View Article - [ HTML Format]
[ PDF Format requires pdf reader]
Kothari, Miloon, Women and adequate housing: Study by the Special Rapporteur on adequate housing, United Nations Commission on Human Rights E/CN.4/2005/43 (2005)

This report to the United Nations (UN) Commission on Human Rights by the Special Rapporteur on adequate housing considers women's right to housing within the broader context of other human rights. The report notes that although national and international laws establish the right to housing for women, a significant gap exists between the legal rights and the realization of these rights for women. Connections between the right to housing and violence against women are also reviewed. The recommendations call for the implementation of innovative government policies to ensure the full realization of the right to housing.

View Article - [ PDF Format requires pdf reader]
Sub-Commission on Prevention of Discriminations and Protection of Minorities, Women and the right to land, property and adequate housing, United Nations High Commissioner for Human Rights, Resolution 1998/15 (1998)

This resolution by the UN Sub-Commission begins by outlining the international legal foundation establishing the right to adequate housing. The resolution notes with concern the discrimination which women continue to face, particularly in laws regulating the ownership and use of property. The resolution urges governments to comply with international legal obligations to protect women's property and housing rights and identifies means through which the UN system could better identify and address this type of discrimination.

View Article - [ HTML Format]

United Nations Commission on Human Rights, Women's equal ownership, access to and control over land and the equal rights to own property and to adequate housing, Resolution 2005/25 (2005)

This resolution of the United Nations (UN) Commission on Human Rights establishes the rights to property and adequate housing as essential human rights for women. The resolution urges national governments to comply with international and regional obligations concerning access to land and housing and notes that discrimination in law against women on these issues constitutes a violation of their human rights. The resolution also encourages a general recognition of the importance of the right to housing for the full realization of human rights.

View Article - [ DOC Format]
[ PDF Format requires pdf reader]
United Nations Centre for Human Settlements (UN-HABITAT), Women's Rights to Land, Housing and Property in Post-Conflict Situations and During Reconstruction: A Global Overview, Land Management Series No. 9 (1999)

This report analyzes women's experiences across regions in accessing and controlling land, housing and property in the context of armed conflict and reconstruction. It begins by outlining the establishment of women's rights and the barriers to achieving these rights. The report's focus on situations of armed conflict icludes a summary of the central barriers women in this context face in claiming and enforcing their rights to land, housing and property. The second part of the report reviews ways for women to access these rights, including through community activism and legal reform. The report includes discussions of custom and tradition, the international legal framework, the impact of conflict on housing rights, women's roles, and international campaigns. Illustrative studies of Guatemala, Liberia and Eritrea are included.

View Article - [ PDF Format requires pdf reader]
Information from Non-Governmental Organizations

Musawah for Equality in the Family, CEDAW and Muslim Family Laws: In Search of Common Ground, (2011)

Musawah, a global movement of women and men who advocate for equality and justice in the Muslim family, prepared this report to summarize the findings of its CEDAW Project, which examined documents submitted by forty- four of the Muslim majority and minority countries that reported to CEDAW between 2005 and 2010. The report outlines the trends in justifications made by reporting Parties for their failures to implement CEDAW, with respect to family laws and practices. It concludes with recommendations to the Committee on strategies for achieving a more meaningful dialogue with relevant state Parties.

Musawah for Equality in the Family, CEDAW and Muslim Family Laws: In Search of Common Ground (2011), online: < http://musawah.org/docs/pubs/CEDAW%20&%20Musl im%20Family%20Laws.pdf>.

View Article - [ PDF Format requires pdf reader]

Southern Africa Litigation Centre, Joint Statement: Civil Society Calls for an End to Discrimination Against Women in Traditional Leadership , (2014)

On the International Day of Rural Women, October 15, 2014, a group of civil society organizations released a statement calling on African governments, including Parliaments, to ensure that women have the same access to inheritance and to traditional leadership roles as men. This statement addresses the harmful effects of limiting women's access to traditional leadership roles and inheritance rights in various sub-Saharan African countries. In the statement, the organizations applaud gains made in recent years on women's property and inheritance rights, including a recent Court of Appeal decision in Botswana that upheld the constitutional property rights of women. However, the statement also emphasizes that more must be done to increase women's capacity to take on political leadership roles and to enhance their inheritance rights.

View Article - [ OTHER Format]

Rural Women's Access to Land and Property in Selected Countries: Progress Towards Achieving the Aims of the Convention on the Elimination of All Forms of Discrimination Against Women, International Land Coalition (2004)

This report specifically addresses the concerns of rural women in accessing their property and housing rights. The report focuses upon the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) as this is the only international legal instrument which deals specifically with rural women. The report includes an analysis of the status of land and property rights of rural women as outlined in country reports to the UN Committee on the Elimination of All Forms of Discrimination Against Women. The report then proceeds to examine the specific impact of land or agricultural reform on women's rights, arguing that the concluding observations of the Committee can be used as an effective advocacy tool in securing these rights. The report also provides examples of interpretations of CEDAW by national courts and highlights the importance of empowering rural women to recognize their rights and take action.

View Article - [ PDF Format requires pdf reader]
International Center for Research on Women (ICRW), Securing Women's Land and Property Rights  A Critical Step to Address HIV, Violence, and Food Security , (2014)

This report discusses women's land and property rights as a critical component in advancing women's rights, especially in low and middle-income countries. The author argues that establishing and improving these rights are particularly important for women who live in rural areas or who are single, divorced, or widowed. By linking property rights to autonomy and empowerment, the article argues that giving women greater access to land titles is integrally tied to both sexual rights and food production rights. Specifically, the author discusses the ways in which womens property rights can play a crucial role in challenging the HIV/AIDS epidemic, gender-based violence, and food insecurity for women and their families in accordance with international human rights standards.

View Article - [ PDF Format requires pdf reader]
The Global Coalition on Women and AIDS, Securing Women's Property and Inheritance Rights, UNAIDS (no date)

This brief note begins by recognizing that many states continue to adhere to laws which are based upon male possession of property and by discussing some of the regional differences in terms of securing property rights for women. The report proceeds to review some of the factors which may prevent women from claiming their property and inheritance rights. The specific impact of the HIV/AIDS epidemic upon the particular circumstances of women is reviewed. The conclusion of the report advocates for the use of legal mechanisms to ensure that women's property rights are being protected.

View Article - [ PDF Format requires pdf reader]
Strickland, Richard S , To Have or To Hold: Women's Property and Inheritance Rights in the Context of HIV/AIDS in Sub-Saharan Africa, International Center for Research on Women: Working Paper (2004)

This paper focuses on the links between women's property rights and HIV/AIDS. It begins with a discussion of the broad social impacts of the HIV/AIDS epidemic and describes the links between property rights and HIV/AIDS. The author discusses how women may be able to better mitigate the effects of the virus if their property rights were protected. The second section examines the specific barriers preventing women from securing their property rights. The report highlights certain examples of best practices in women accessing their property rights and addressing the HIV/AIDS epidemic. The conclusion includes a discussion of the role of litigation and legal services in assisting women. [Descriptors: Reproductive Rights - HIV/AIDS, International - Africa]

View Article - [ PDF Format requires pdf reader]
Farha, Leilani, Women and Housing Rights, Centre on Housing Rights and Evictions (COHRE), Source Series No. 5, (September 2000)

This manual details some of the most pressing housing rights issues faced by women worldwide and provides advocates with resources and information on international housing rights law. The manual begins with the premise that women experience violations of the right to housing differently than men; therefore, gender-neutral approaches to housing rights frequently overlook the particular needs and concerns of women. The manual is divided into 7 sections. The first sections include an introduction, information on using the manual, a focus on women and security of tenure (including threats to security of tenure from gender-biased laws; customary law, tradition and dominant social attitudes; domestic violence; and financial barriers). The latter sections consist of international legal resources, a guide to using international legal resources, information on how advocates can use the United Nations system, and further Internet resources, texts and contact information.

View Article - [ PDF Format requires pdf reader]
International Conventions and Declarations

Report of the United Nations Conference on Human Settlements (Habitat II), United Nations (June 1996)

This report is the outcome document from the second United Nations Conference on Human Settlements held in 1996. It addresses the themes of adequate shelter and the impact of urbanization and contains the Istanbul Declaration as well as the Habitat Agenda and its Global Plan of Action. The Istanbul Declaration stresses the need to ensure the equal participation of women in economic, social and cultural life. The Habitat Agenda includes the commitment to ensure gender equality in the development of human settlements.

View Article - [ HTML Format]


Mapping the Legal Gender Gap in Using Property and Building Credit, The World Bank: Women, Business and the Law

This document was produced using data collected by the World Bank Group, which examined gaps in legal rights between men and women using data from 141 economies. This document focuses on the gap between the rights of men and women, "the legal gender gap" in using property and building credit. It argues that there are greater economic opportunities for women where womenss access to capital is promoted and the bases for building credit are expanded. Property laws upon marriage and its dissolution often determine women's access to collateral assets. In systems where property is communal, and not separately titled, assets are distributed equally between spouses. In developing countries fewer women tend to own assets making it difficult to acquire access to credit. The author argues that expanding bases for obtaining credit can mitigate this. For example, where credit bureaus and registries accept repayment of micro- loans as sufficient to build upon an individuals credit rating, it grants women the ability to build reputational collateral and access larger loans.

View Article - [ PDF Format requires pdf reader]
Tomasevski, Katarina, Strengthening Pro-Poor Law: Legal Enforcement of Economic and Social Rights, Overseas Development Institute: Rights in Action (2005)

This paper begins with a review of various national and international mechanisms to enforce economic and social rights. The author discusses the implications of grounding human rights within the rule of law and outlines examples of national courts enforcing economic and social rights. The paper specifically examines the issue of protecting women in poverty, particularly when their rights to own property are limited by customary law. The paper also considers the means through which poverty is caused by discrimination and reviews some of the jurisprudence from national and regional courts on the issue of women's property rights. In conclusion, the author advocates for a holistic approach to poverty and human rights.

View Article - [ PDF Format requires pdf reader]

Credits and History Privacy  Bora Laskin Law Library  U of T Faculty of Law