Facts, Solutions, Case Studies, and Calls to Action
- Collection Type:
- Zambia, Sudan, Multiple Countries, Mali, India, Bangladesh
- Deliver For Good
Facts, Solutions, Case Studies, and Calls to Action
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]
Full citation: James Petras & Henry Veltmeyer (2001) Are Latin American peasant movements still a force for change? Some new paradigms revisited, The Journal of Peasant Studies, 28:2, 83-118.
Full Citation: Benschop, M., "Are Women's Equal Rights to Land, Housing and Property Implemented in East Africa?" UNHABITAT Report (April 2002).
Full citation: Oduro, A., Deere, C. D., and Catanzarite, Z., "Assets, Wealth and Spousal Violence: Insights from Ecuador and Ghana," 12 GENDER ASSET GAP PROJECT WORKING PAPER (August 2012).
Full citation: Slavchevska, V., De la O Campos, A. P., Brunelli, C., & Doss, C. (2017). Beyond Ownership: Tracking progress on women’s land rights in Sub-Saharan Africa. In Paper presented at the World Bank Land and Poverty Conference, Washington DC, March 20-24.
Full citation: Galik, C. S., & Jagger, P. (2015). Bundles, Duties, and Rights: A Revised Framework for Analysis of Natural Resource Property Rights Regimes.
Full citation: Dookie, C., Lambrou, Y., and Petrics, H., "CEDAW: A Tool for Gender-Sensitive Agriculture and Rural Development Policy and Programme Formulation," FAO PUBLICATION (FAO, 2013).
Full citation: Palmer, R., "Challenges in Asserting Women's Land Rights in Southern Africa," GENDER WORKSHOP PRESENTATION (Mokoro, May 2009).
Full citation: German, L., Schoneveld, G. and Mwangi, E., "Contemporary Process of Large-Scale Land Acquisitions by Investors: Case Studies from Sub-Saharan Africa," 68 CIFOR OCCASSIONAL PAPER (2011).
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).
Full citation: Euphrasia, A. (2015). “Delivering on Women Farmers’ Rights.” - This policy brief discusses the reasons that the situation for women smallholder farmers across Africa has not changed much in the past decade. It identifies four main barriers to women smallholder farmers’ participation: women’s access to and control of land; unpaid care work (childcare, household maintenance, etc.); women’s lack of access to finance and extension services offered by the state; and limited state investments in the agricultural sector. [Threats to Women’s Land Tenure Security and Effectiveness of Interventions - Annotated Bibliography]
Full citation: Paradza, G.G., "Differentiation of Women's Land Tenure Security in South Africa," 12 ILC WORKING PAPER (March 2011).
Draft version presented at the UN General Assembly in December 2018.
Full citation: Manji, A., "Eliminating Poverty? "Financial Inclusion", Access to Land, and Gender Equality in International Development," 73(6) THE MODERN LAW REVIEW (2010).
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]
Full citation: Diana Deere, Carmen and Magdalena Leon, 2001. Empowering Women: Land and Property Rights in Latin America.
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]
The community-based study has three purposes: 1. Highlight the multitude of issues and challenges facing African women in relation to land and property. 2. Document the main strategies that grassroots women’s groups are using to help women attain justice, either by working within or influencing customary legal frameworks, or by assisting women to access the court system, in order to develop a cohesive series of strategies for grassroots women-led groups to use in achieving justice in relation to land and property. 3. Provide evidence that can be used to insert grassroots women’s perspectives and practices into the existing development discourse on women’s access to justice in relation to land and property, particularly within the African context.
It finds broadly that the most important components of successful approaches are: community sensitization and training sessions on customary and statutory legal systems; community mapping; local-to-local dialogues with headmen, chiefs, and local leaders; • the use of community paralegals for information, advice, and access to resources for grassroots women; the use of watchdogs to identify and highlight problems in a community; and, • the development of partnerships with key stakeholders. [Threats to Women’s Land Tenure Security and Effectiveness of Interventions - Annotated Bibliography]