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Engendering Access to Justice: Grassroots women's approaches to securing land rights

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]

Collection Type:
Research Articles
Country:
Multiple Countries, Cameroon, Zimbabwe, Zambia, Ghana, Kenya, Tanzania, Uganda
Creator:
Brown, J. and Gallant, G.
Year:
2014

Property Rights and Women’s Accumulation of Assets Over the Life Cycle: Patrimonial Violence in Ecuador

Full citation: Deere, Carmen Diana, Jackeline Contreras and Jennifer Twyman. 2010. Property Rights and Women’s Accumulation of Assets Over the Life Cycle: Patrimonial Violence in Ecuador. ALASRU Nueva época. Análisis latinoamericana del medio rural, No. 5, 2010: 135-176. - This study looks at the recognition of women’s property rights in practice in Ecuador. One finding is that women may accumulate property in two ways, as individual property and as community property. While individual property, generally acquired through an inheritance, provides a fall back position, community property in marriage or unions has special benefits. Joint property compensates women for their work and provides security. [Threats to Women’s Land Tenure Security and Effectiveness of Interventions - Annotated Bibliography]

Collection Type:
Research Articles
Country:
Ecuador
Creator:
Deere, C. D., Contreras, J. and Twyman, J.
Year:
2010

Property Rights and the Gender Distribution of Wealth in Ecuador, Ghana and India

Full citation: Deere, C. D., Oduro, A., Swaminathan, H. and Doss, C., "Property Rights and the Gender Distribution of Wealth in Ecuador, Ghana and India," 13 GENDER ASSET GAP PROJECT WORKING PAPER (August 2012). - This paper finds that basic property rights are insufficient, for much depends upon the legal and cultural regimes related to marriage and inheritance. Drawing upon household asset surveys which collected individual level ownership data in Ecuador, Ghana and the state of Karnataka in India, it estimates married women’s share of couple wealth and relate it to whether major household assets are owned individually or jointly during the marriage as well as to different inheritance regimes and practices. In Ecuador, married women own 44 percent, in Ghana, 19 percent, and in Karnataka, nine percent of couple wealth. Ecuador is characterized by the partial community property regime in marriage while inheritance laws provide for all children, irrespective of sex, to be treated equally, rules that are largely followed in practice. In contrast, Ghana and India are characterized by the separation of property regime which does not recognize wives’ contribution to the formation of marital property, and by inheritance practices that are strongly male biased. Reforming marital and inheritance regimes must remain a top priority in many regions of the world if gender economic equality is to be attained. [Threats to Women’s Land Tenure Security and Effectiveness of Interventions - Annotated Bibliography]

Collection Type:
Research Articles
Country:
Multiple Countries, Ecuador, Ghana, India
Creator:
Deere, C. D., Oduro, A., Swaminathan, H. and Doss, C.
Year:
2012

Women's Land Rights in the Transition to Individualized Ownership: Implications for Tree Resource Management in Western Ghana

This study explores the impact of changes in land tenure institutions on women's land rights and the efficiency of tree resource management in Western Ghana. It finds that customary land tenure institutions have evolved toward individualized systems to provide incentives to invest in tree planting. However, contrary to the common belief that individualization of land tenure weakens women's land rights, these have been strengthened through inter vivos gifts and the practice of the Intestate Succession Law. Investment in tree planting, in turn, is affected not simply by the level of land tenure security, but also by its expected changes, as tree planting strengthens land tenure security. Cocoa yields are lower on allocated family land and rented land under share tenancy due to distorted work incentives. While men and women are equally likely to plant trees, women obtain lower yields on their cocoa plots, suggesting the presence of gender-specific constraints. [Threats to Women’s Land Tenure Security and Effectiveness of Interventions - Annotated Bibliography]

Collection Type:
Research Articles
Country:
Ghana
Creator:
Quisumbing, A. et al
Year:
2001

Ecuador Judicial Code

Collection Type:
Legal Materials
Country:
Ecuador
Creator:
Government of Ecuador
Year:
2009

Prindex: Comparative Report

Collection Type:
Articles
Country:
Multiple Countries, Madagascar, Cote d'Ivoire, Thailand, Burkina Faso, Honduras, Costa Rica, Ecuador, Liberia, Peru, Namibia, Senegal, Cameroon, Zambia, Mozambique, Rwanda
Creator:
Prindex
Year:
2018