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Women’s ACCESS TO, CONTROL AND OWNERSHIP OF ASSETS / LANDRIGHTS /Credits should be guaranteed in law and in practice.

Overview:-
Women’s access to and control over productive resources such as land and their right to property should be guaranteed in law and in practice. Access to land is crucial for strengthening particularly rural women’s empowerment and livelihood. Women’s access to land depends on multiple factors such as laws, inheritance, marital status and agrarian reform policies. As land is mostly mediated through husbands, fathers, brothers or sons, women’s land rights are negotiated within unequal power relationships and are not assumed to be general entitlements. Despite representing the majority of the agricultural workforce and production, women are estimated to control only 5 % of land globally. Access of women to credit is the cornerstone of economical empowerment of women. States should promote women’s access to credits, especially at rural and urban levels in order to provide women with a higher quality of life and reduce the level of poverty among women. (Based on the Preliminary study of the Human Rights Council Advisory Committee on discrimination in the context of the right to food, 2010 A/HRC/RES/13/32.)

Legal basis :-
No migrant worker or member of his or her family shall be arbitrarily deprived of property, whether owned individually or in association with others. Where, under the legislation in force in the State of employment, the assets of a migrant worker or a member of his or her family are expropriated in whole or in part, the person concerned shall have the right to fair and adequate compensation.
#(1990, International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, Art. 15)

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: (a) The right to family benefits; (b) The right to bank loans, mortgages and other forms of financial credit; (c) The right to participate in recreational activities, sports and all aspects of cultural life.
#(1979, CEDAW, Art. 13)

States Parties shall accord to women equality with men before the law. 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. 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. 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.
#(1979, CEDAW, Art. 15)

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.
#(1979, CEDAW, Art. 16, 1, (h))

All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
#(1966, International Covenant on Civil and Political Rights, Art. 26)

The States Parties to the present Covenant undertake to guarantee that the rights enunciated in the present Covenant will be exercised without discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
#(1966, International Covenant on Economic, Social and Cultural Rights, Art. 2, 2)

The States Parties to the present Covenant undertake to ensure the equal right of men and women to the enjoyment of all economic, social and cultural rights set forth in the present Covenant.
#(1966, International Covenant on Economic, Social and Cultural Rights, Art. 3)

In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights: (d) Other civil rights, in particular: (v) The right to own property alone as well as in association with others.
#(1965, International Convention on the Elimination of All Forms of Racial Discrimination, Art. 5 (d) (v))

In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights: (d) Other civil rights, in particular: (vi) The right to inherit.
#(1965, International Convention on the Elimination of All Forms of Racial Discrimination, Art. 5 (d) (vi))

The Contracting States shall accord to a refugee treatment as favourable as possible and, in any event, not less favourable than that accorded to aliens generally in the same circumstances, as regards the acquisition of movable and immovable property and other rights pertaining thereto, and to leases and other contracts relating to movable and immovable property.
#(1950, Convention relating to the Status of Refugees, Art. 13)

1. Everyone has the right to own property alone as well as in association with others. 2. No one shall be arbitrarily deprived of his property.
#(1948, The Universal Declaration of Human Rights, Art. 17)

Posted from
Shoaib Rahman
LL.M. Advocate

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