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Accessing Justice: Models, Strategies and Best Practices on Women's Empowerment

Full citation: IDLO, "Accessing Justice: Models, Strategies and Best Practices on Women's Empowerment," IDLO REPORT (2013). - This paper highlights some of the challenges and solutions for women’s access to justice in diverse legal systems. It shows that women face structural and cultural barriers to accessing justice – insufficient knowledge of rights and remedies, illiteracy or poor literacy, and lack of resources or time to participate in justice processes. This is all the more so as women usually have intensive family responsibilities. Even where women can access the formal justice sector, the outcomes of the process often fall far short of those envisaged by international standards, particularly with regard to property rights, inheritance, divorce and child custody, and spousal abuse. Focusing on legal empowerment as a way to improve both access to justice and the quality of justice women receive, the study presents strategies and best practices in both formal and informal justice systems. Legal empowerment approaches share one core concept: using the law to enable disadvantaged groups to access justice and realize basic rights. They include legal education; legal aid services; support for non-discriminatory dispute resolution fora to complement or supplement informal systems; training of paralegals; and rights awareness. In considering whether such approaches can improve the quality of justice women receive, Accessing Justice brings together a number of IDLO-sponsored case studies in Afghanistan, India, Namibia, Rwanda, Mozambique, Tanzania, Morocco, Papua New Guinea and the Solomon Islands. These highlight a variety of lessons for development practitioners, both in terms of engagement with the informal legal sector and, more generally, for the use of legal empowerment and top-down / bottom-up strategies. In an appropriate context, carefully designed legal empowerment strategies may constitute a valuable contribution to improving women’s access to justice.
[Threats to Women’s Land Tenure Security and Effectiveness of Interventions - Annotated Bibliography]

Collection Type:
Research Articles
Country:
Multiple Countries, Bougainville, Solomon Islands, Afghanistan, Namibia, Mozambique, Tanzania, Rwanda, India
Creator:
IDLO
Year:
2013

Cultivating Women’s Rights for Access to Land

Full citation: Hatcher, J., Meggiolaro, L. and Ferrer, C.S., "Cultivating Women's Rights for Access to Land," ACTIONAID AND INTERNATIONAL FOOD SECURITY NETWORK COUNTRY ANALYSIS REPORT (October 2005).

Collection Type:
Citations
Country:
Multiple Countries, Vietnam, Burkina Faso, Afghanistan, Guatemala, Bangladesh, Malawi, Ethiopia, Mozambique, Ghana, Uganda
Creator:
Hatcher, J., Meggiolaro, L. and Ferrer, C.S.
Year:
2005

Empowering Widows: An Overview of policies and programmes in India, Nepal and Sri Lanka

Full citation: UN Women. (2014). “Empowering Widows: An Overview of policies and programmes in India, Nepal and Sri Lanka.”
- This paper finds that strengthening engagement with civil society in the implementation of government programs results in a more enabling environment for widows to claim services, including land rights. Focus group discussions in India and Nepal showed that widows who were a part of this collaborative effort were more articulate, confident and aware of their rights. This played an important role in helping them claim their entitlements, including land rights. In Sri Lanka, widows have been able to take advantage of government programs for capacity building and skills training due to the partnership between the government and the groups working with widows. In the process, many widows have become agents of change in their community. [Threats to Women’s Land Tenure Security and Effectiveness of Interventions - Annotated Bibliography]

Collection Type:
Research Articles
Country:
Multiple Countries, Sri Lanka, Nepal, India
Creator:
UN Women
Year:
2014

Empowering Women: Legal Rights and Economic Opportunities in Africa

Full citation: Hallward-Driemeier, M. and Hasan, T. (2012). “Empowering Women: Legal Rights and Economic Opportunities in Africa.” Africa Development Forum Series, World Bank, Washington, DC. - This paper finds that out of forty-three African jurisdictions twenty-two formally recognize males as the head of the household, giving them sole discretion to represent the household and make household decisions. [Threats to Women’s Land Tenure Security and Effectiveness of Interventions - Annotated Bibliography]

Collection Type:
Research Articles
Country:
Multiple Countries
Creator:
Hallward-Driemeier, M. and Hasan, T.
Year:
2012

Enhancing Customary Justice Systems in the Mau Forest, Kenya: Impact Evaluation Report

Full citation: Freudenburg, M., & Santos, F. (2013). “Enhancing Customary Justice Systems in the Mau Forest, Kenya: Impact Evaluation Report.” USAID. - This paper evaluates a project which piloted an approach for improving women’s access to justice, particularly related to women’s land rights, by enhancing the customary justice system in one target area: Ol Pusimoru sub-location, Mau Forest, Kenya. The Justice Project consisted of: (1) delivery of a training curriculum to targeted groups (Chiefs, Elders, women and youth) focused on civic education, legal literacy, rights and responsibilities related to land and forest resources (with special emphasis on rights of women and children), and skill-building; (2) facilitated community conversations with target groups; (3) peer training for targeted groups to share information with others in the community; and (4) public information and education activities to reach the broader community.
The evaluation found improvements in legal awareness, particularly women’s legal knowledge, men’s knowledge of women’s rights, and women’s familiarity with the local justice system and alternative dispute resolution; women’s confidence in both fairness and outcomes if they need to access the local justice system, and procedural and process improvements in local dispute resolution institutions; respect for women’s rights by men in the community; increased access to land by women; improvements in women’s perceptions that they have access to an appropriate forum for dispute resolution; improvements in women’s land rights and tenure security, particularly in men’s expressed intentions to leave equal inheritance to all children, including girls, and women’s confidence in their ability to protect their land rights with support from local institutions; increased perceptions by women of improvements in the promptness and affordability of the local justice system and in Chiefs and Elders’ knowledge of the Constitution. [Threats to Women’s Land Tenure Security and Effectiveness of Interventions - Annotated Bibliography]

Collection Type:
Research Articles
Country:
Kenya
Creator:
Freudenburg, M., & Santos, F.
Year:
2013

Forum News

Collection Type:
Articles
Country:
Burma, Multiple Countries, Papua New Guinea, Nepal, Cambodia
Creator:
Multiple Contributing Authors
Year:
2012

Gender and Law: Women's Rights in Agriculture

Full citation: Cotula, L., "Gender and Law: Women's Rights in Agriculture," 76 FAO LEGISLATIVE STUDY (January 2007).

Collection Type:
Articles
Country:
Multiple Countries
Creator:
Cotula, L.
Year:
2007

Gender and Property Rights within Postconflict Situations

Full citation:Lastarria-Cornhiel, S., "Gender and Property Rights within Postconflict Situation," 12 USAID ISSUE PAPER (April 2005).

Collection Type:
Articles
Country:
Multiple Countries, Afghanistan, Guatemala, Rwanda
Creator:
Lastarria-Cornhiel, S.
Year:
2005

Gender Issues in Land Policy and Administration

Full citation: World Bank, FAO & IFAD, "Gender Issues in Land Policy and Administration," MODULE 4 of GENDER IN AGRICULTURE SOURCEBOOK (October 2008).

Collection Type:
Articles
Country:
Multiple Countries
Creator:
World Bank, FAO, and IFAD
Year:
2008

Gender, Property Rights and Livelihoods in the Era of AIDS

Full citation: Carpano, F., Izumi, K. and Mathieson, K., "Gender, Property Rights and Livelihoods in the Era of AIDS," FAO TECHNICAL CONSULTATION PROCEEDINGS REPORT (November 2007).

Collection Type:
Articles
Country:
Multiple Countries, Mozambique, Kenya, Uganda
Creator:
Carpano, F., Izumi, K. and Mathieson, K.
Year:
2007

Ghana Chieftaincy Act

Collection Type:
Legal Materials
Country:
Ghana
Creator:
Parliament of the Republic of Ghana
Year:
2008

Guinea-Bissau Constitution

Collection Type:
Legal Materials
Country:
Guinea-Bissau
Creator:
Republic of Guinea-Bissau
Years:
1996, 1991