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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

Austria Civil Code

Collection Type:
Legal Materials
Country:
Austria
Creator:
Republic of Austria
Year:
2013

Austria Constitution

Collection Type:
Legal Materials
Country:
Austria
Creator:
Republic of Austria
Years:
2013, 2012

Austria Marriage Law

Collection Type:
Legal Materials
Country:
Austria
Creator:
Republic of Austria
Year:
2013

Benin Land Code

Collection Type:
Legal Materials
Country:
Benin
Creator:
Republic of Benin
Year:
2013

Burundi Mining Code

Collection Type:
Legal Materials
Country:
Burundi
Creator:
Government of Burundi
Year:
2013

Can Government-Allocated Land Contribute to Food Security?

Full citation: Santos, F., Fletschner, D., Savath, V., & Peterman, A. (2013). “Can Government-Allocated Land Contribute to Food Security?” IFPRI Discussion Paper, December 2013.

Collection Type:
Articles
Country:
India
Creator:
Santos, F., Fletschner, D., Savath, V., & Peterman, A.
Year:
2013

Chad Gender Index Report

Collection Type:
Articles
Country:
Chad
Creator:
OECD and Social Institutions & Gender Index
Year:
2013

Colombia Constitution

Collection Type:
Legal Materials
Country:
Colombia
Creator:
Republic of Colombia
Years:
2015, 2013, 1991

Cyprus Constitution

Collection Type:
Legal Materials
Country:
Cyprus
Creator:
Republic of Cyprus
Years:
2013, 1960

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

Evaluation of Grassroots Community-Based Legal Aid Activities in Uganda and Tanzania: Strengthening Women's Legal Knowledge

This is a qualitative study of community-based legal aid programs in Uganda and Tanzania. It assesses the efficacy of legal aid activities, the challenges faced by implementing organizations, and it documents opportunities and potential for scaling–up. It finds that legal aid activities will only be successful if they also succeed at changing the mindsets and attitudes surrounding women’s rights, and that further impact evaluation should be done to determine how to improve activities. [Threats to Women’s Land Tenure Security and Effectiveness of Interventions - Annotated Bibliography]

Collection Type:
Research Articles
Country:
Multiple Countries, Tanzania, Uganda
Creator:
Behrman, J., Peterman, A. and Billings, L.
Year:
2013

Fiji Constitution

Collection Type:
Legal Materials
Country:
Fiji
Creator:
Government of Fiji
Year:
2013

Forests, Rangelands and Climate Change in Southern Africa

Full citation: Naidoo, S., Davis, C. and Van Garderen, E. A., "Forests, Rangelands and Climate Change in Southern Africa," 12 FAO FOREST AND CLIMATE CHANGE WORKING PAPER (2013).

Collection Type:
Articles
Country:
Multiple Countries
Creator:
Naidoo, S., Davis, C. and Van Garderen, E. A.
Year:
2013

France Civil Code

Collection Type:
Legal Materials
Country:
France
Creator:
French Republic
Years:
2013, 2006

The Gender and Equity Implications of Land-Related Investments on Land Access and Labour and Income-Generating Opportunities: A Case Study of Selected Agricultural Investments in LAO PDR

Full citation: Daley, E., Osorio, M. and Park, C. M. Y., "The Gender and Equity Implications of Land-Related Investments on Land Access and Labour and Income-Generating Opportunities: A Case Study of Selected Agricultural Investments in LAO PDR," FAO REPORT (2013).

Collection Type:
Articles
Country:
Laos
Creator:
Daley, E., Osorio, M. and Park, C. M. Y.
Year:
2013

The Gender and Equity Implications of Land-Related Investments on Land Access and Labour and Income-Generating Opportunities: A Case Study of Selected Agricultural Investments in Northern Tanzania

Full citation: Daley, E., and Park, C. M. Y., "The Gender and Equity Implications of Land-Related Investments on Land Access and Labour and Income-Generating Opportunities: A Case Study of Selected Agricultural Investments in Northern Tanzania," FAO REPORT (2013).

Collection Type:
Articles
Country:
Tanzania
Creator:
Daley, E., and Park, C. M. Y.
Year:
2013

The Gender and Equity Implications of Land-Related Investments on Land Access and Labour and Income-Generating Opportunities: A Case Study of Selected Agricultural Investments in Zambia

Full citation: FAO, "The Gender and Equity Implications of Land-Related Investments on Land Access and Labour and Income-Generating Opportunities: A Case Study of Selected Agricultural Investments in Zambia," FAO REPORT (2013). - This paper is two case studies of the gender dimensions of agricultural investments in Zambia. The lack of explicit corporate gender policies and strategies have meant that prevailing socio-cultural attitudes towards gender have penalized women in relation to the costs and benefits created by the venture. A key principle is that a ‘gender neutral’ approach to agricultural investments is not enough: investors must adopt explicit gender policies and take proactive steps to ensure that company behaviors help to overcome rather than reinforce pre-existing gender inequalities. This means adopting policies to offer employment on a priority basis to those local women and men who have suffered a loss of livelihood as a result of the land acquisition. All investors should also ensure that the scheme’s membership criteria do not directly or indirectly discriminate against women, and should take proactive measures to encourage women to join.
Two fundamental aspects of land tenure governance in particular need to be addressed: the cost of land rent required for leasehold tenure and the powers vested in customary authorities. Options for communal registration of customary land tenure should be explored. Affirmative action to protect women’s rights to land and natural resources should also be prioritized including ensuring that the new land policy provides for joint registration of land under joint occupation by married people. [Threats to Women’s Land Tenure Security and Effectiveness of Interventions - Annotated Bibliography]

Collection Type:
Research Articles
Country:
Zambia
Creator:
Food and Agriculture Organization (FAO)
Year:
2013

The Gender and Equity Implications of Land-Related Investments on Land Access and Labour and Income-Generating Opportunities in Northern Ghana: A Case Study of Integrated Tamale Fruit Company

Full citation: FAO, "The Gender and Equity Implications of Land-Related Investments on Land Access and Labour and Income-Generating Opportunities in Northern Ghana: A Case Study of Integrated Tamale Fruit Company," FAO REPORT (2013).

Collection Type:
Articles
Country:
Ghana
Creator:
Food and Agriculture Organization (FAO)
Year:
2013

Gender Inequalities in Ownership and Control of Land in Africa: Myths versus Reality

Full citation: Doss, C., Kovarik, C., Peterman, A., Quisumbing, A. and van den Bold, M., "Gender Inequalities in Ownership and Control of Land in Africa: Myths versus Reality," 01308 IFPRI DISCUSSION PAPER (December 2013).

Collection Type:
Articles
Country:
Multiple Countries
Creator:
Doss, C., Kovarik, C., Peterman, A., Quisumbing, A. and van den Bold, M.
Year:
2013

Global Food Policy Report 2012

Collection Type:
Articles
Country:
Multiple Countries
Creator:
International Food Policy Research Institute (IFPRI)
Year:
2013

Honduras Constitution

Collection Type:
Legal Materials
Country:
Honduras
Creator:
Republic of Honduras
Years:
2013, 1982

How Many Women Get Land Inheritance Rights?

This opinion piece was first published in Ananda Bazar Patrika on
March 7, 2013.

Collection Type:
News & Commentary
Country:
India
Creator:
Bhattacharya, Swati
Year:
2013

How to Disclaim an Inheritance in Germany

University of Milan - Dept of Economics - Working Paper Series - Sept. 2012

Collection Type:
Legal Research Resources
Country:
Germany
Creator:
Siegwart, H.
Year:
2013

The Human Rights Framework in Contemporary Agrarian Struggles

Full citation: Sofía Monsalve Suárez (2013) The Human Rights Framework in Contemporary Agrarian Struggles, The Journal of Peasant Studies, 40:1, 239-290.

Collection Type:
Articles
Country:
Multiple Countries
Creator:
Suárez, S. M.
Year:
2013