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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 Constitution

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

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

Hungary Constitution

The Hungarian parliament approved some amendments to the Fundamental Law in March 2013. We have included the 2011 version and a link to additional information on the March 2013 amendments.

Collection Type:
Legal Materials
Country:
Hungary
Creator:
Hungarian Government
Years:
2013, 2011

Improving Access to Land and Strengthening Women's land rights in Africa

Full citation: Odeny, M. (2013). “Improving Access to Land and Strengthening Women's land rights in Africa.” World Bank. - The need to improve access to land and strengthen women's land rights in Africa has elicited a lot of discussion with women's rights activists arguing for increased access and control over land and other productive resources. The paper examines inter-relations between women’s land rights and socio- economic development, peace and security and environmental sustainability in Africa. It goes on to highlight the impacts of the discrimination against women with regard to access, control and ownership of land and identifies promising practices related to strengthening women’s land rights with possible benchmarks and indicators to track progress made in strengthening women’s land rights in the context of the implementation of the AU Declaration on land. It concludes by providing concrete recommendations on how to further promote dialogue, advocacy, partnerships and capacity development in support of women’s land rights in Africa. This paper is as a result of a study commissioned by AU-ECA-AfDB Land Policy Initiative (LPI) which is implementing a 5- year Strategic Plan and Roadmap to assist member states in the implementation of the AU Declaration on land issues and challenges in Africa, in accordance with the Framework and Guidelines on Land Policy in Africa in order to achieve socio-economic development, peace and security, and environmental sustainability. [Threats to Women’s Land Tenure Security and Effectiveness of Interventions - Annotated Bibliography]

Collection Type:
Research Articles
Country:
Multiple Countries
Creator:
Odeny, M.
Year:
2013

Israel Constitution

Collection Type:
Legal Materials
Country:
Israel
Creator:
Government of Israel
Years:
2013, 2006

Kenya Marriage Act

This record includes previous versions of the law and proposed bills. The current version of the law that is in force is the Marriage Act (2014).

Collection Type:
Legal Materials
Country:
Kenya
Creator:
Government of Kenya
Years:
2014, 2013, 2012, 2008

Land Policy Reform for Women in Liberia

Full citation: Scalise, E. and Hannay, L., "Land Policy Reform for Women in Liberia," FOCUS ON AFRICA BRIEF (December 2013).

Collection Type:
Articles
Country:
Liberia
Creator:
Scalise, E. and Hannay, L.
Year:
2013

Land Reform Revisited

Full citation: HAKI Network, "Land Reform Revisited," HAKI NETWORK REPORT (2013).

Collection Type:
Articles
Country:
Multiple Countries, South Korea, Taiwan, Japan, El Salvador, Bolivia, Peru
Creator:
HAKI Network
Year:
2013

LandWise: The Research Process

This guide is intended to help users get started with conducting online and print research on topics related to women and land. Specifically, this guide will help users identify the laws and social science materials necessary for conducting a general legal review of women and land topics. Legal reviews help practitioners identify gaps in specific laws and policies and expose opportunities for policy recommendations.

Collection Type:
Practice Guides
Country:
Multiple Countries
Creator:
Chang, J.
Year:
2013

Large-scale land based investments in Africa: Synthesis report

Full citation: AUC, ECA, AfDB, "Large-scale land based investments in Africa: Synthesis Report," LAND POLICY INITIATIVE REPORT (December 2013).

Collection Type:
Articles
Country:
Multiple Countries
Creator:
United Nations Economic Commission for Africa
Year:
2013

Myanmar Constitution

Note: The Constitution of Myanmar is currently under legislative review. For more information see the below item called Global Legal Monitor - Burma: Constitution Under Legislative Review

***Myanmar is also known as Burma***

Collection Type:
Legal Materials
Country:
Myanmar
Creator:
Government of Myanmar
Years:
2013, 2008

The paradox of gender discrimination in land ownership and women's contribution to poverty reduction in Anglophone Cameroon

Full citation: Fonjong, L., Fombe, L., & Sama-lang, I. (2013). “The paradox of gender discrimination in land ownership and women's contribution to poverty reduction in Anglophone Cameroon.” GeoJournal, 78(3), 575-589. - This study adopted a method of field work involving observations, the use of questionnaires, interviews, and focus group discussions for data collection that was able to capture key issues related to women, culture and land. The sample size of 2,205 participants included 80 % women and 20 % men from all socio-economic, political, demographic and ethnic groups. In addition to this sample, interviews were conducted and focus-group discussions held with key women, human rights NGOs and, traditional and administrative authorities in each of the localities.

The study found that land is an important factor of production for both men and women in predominantly agrarian Cameroon. While the legal framework in Cameroon advocates for equal rights and opportunities to resources, the majority of rural women who are mostly peasant farmers can neither inherit nor own land due to gender discriminatory customary practices. The findings revealed that although women are key players in the struggle against poverty who depend solely on land, they still do not have security of tenure over the land they cultivate. Specifically, land inheritance is one of the areas in which gender discrimination is still prevalent. It is deeply rooted in the socio-cultural practices of both patrilineal and matrilineal societies. In matrilineal communities like Aghen and part of Kom, where inheritance follows the female linage, the sons, and not the daughters of this linage have inheritance rights. Field investigation indicates that men and women are unanimous on the fact that current practices discriminate against women. [Threats to Women’s Land Tenure Security and Effectiveness of Interventions - Annotated Bibliography]

Collection Type:
Research Articles
Country:
Cameroon
Creator:
Fonjong, L., Fombe, L., & Sama-lang, I.
Year:
2013

Practitioner's Guide: Islamic Law

Full citation: Khan, H. (J.D.), "Practitioner's Guide: Islamic Law," INPROL REPORT (July 2013).

Collection Type:
Articles
Country:
Multiple Countries
Creator:
Khan, H. (J.D.)
Year:
2013

Providing Farmland Ownership Rights to Women in Rural Mali: the MCC Experience

Full citation: Rolfes, L. and Seitz, V. (2013). “Providing Farmland Ownership Rights to Women in Rural Mali: the MCC Experience.” Washington, DC: World Bank Annual Conference on Land and Poverty. - This paper examines the Alatona Irrigation Project in Mali, which converted almost 5,000 hectares of Sahel scrubland into high-value irrigated farmland. One of the project’s key components was its land allocation activity, through which the irrigated land was transferred from the state to beneficiary families, with a particular focus on ensuring women had access to and control over land. This paper is a short history of project design and implementation, and how the Alatona Irrigation Project developed and executed an approach for allocating land rights to women, the results achieved and the lessons learned. [Threats to Women’s Land Tenure Security and Effectiveness of Interventions - Annotated Bibliography]

Collection Type:
Research Articles
Country:
Mali
Creator:
Rolfes, L. and Seitz, V
Year:
2013

Realizing women's rights to land and other productive resources

Full citation: OHCHR and UNWOMEN. (2013). “Realizing women's rights to land and other productive resources.” - This piece identifies barriers to women’s access to, use of and control over land and other productive resources as primarily being inadequate legal standards and/or ineffective implementation at national and local levels, as well as discriminatory cultural attitudes and practices at the institutional and community level. The publication provides guidance to support the adoption and effective implementation of laws, policies, and programs to respect, protect, and fulfill women’s rights to land and other productive resources, including an overview of international and regional legal and policy instruments recognizing women’s rights to land and other productive resources, and ways of advancing a human rights-based approach to women’s rights to land and other productive resources. [Threats to Women’s Land Tenure Security and Effectiveness of Interventions - Annotated Bibliography]

Collection Type:
Research Articles
Country:
Multiple Countries
Creator:
OHCHR and UNWOMEN
Year:
2013

A Roadmap for Promoting Women's Economic Empowerment

Full citation: Buvinic, M., Furst-Nichols, R., and Pryor, E. C., "A Roadmap for Promoting Women's Economic Empowerment," UNITED NATIONS PUBLICATION (2013). - This roadmap has a section on the importance of formal ownership and control over farmland for women’s productivity and economic security, hinging on paying attention to social and local contexts. It recommends an integrated suite of services, which target both production and marketing and address social constraints. It notes that land titling programs can help women where women’s names are on the title and where attention is paid to customary rules and the ways they may discriminate. Also finds that agricultural interventions have successfully increased the stock of both men’s and/or women’s s tangible assets, but particularly those assets they own jointly. In addition, projects have also increased the stock of social and human capital, particularly for women. [Threats to Women’s Land Tenure Security and Effectiveness of Interventions - Annotated Bibliography]

Collection Type:
Research Articles
Country:
Multiple Countries
Creator:
Buvinic, M., Furst-Nichols, R., and Pryor, E. C.
Year:
2013

Rural politics in contemporary China

Full citation: Emily T. Yeh, Kevin J. O'Brien & Jingzhong Ye (2013) Rural
politics in contemporary China, The Journal of Peasant Studies, 40:6, 915-928.

Collection Type:
Articles
Country:
China
Creator:
Yeh, E. T., O'Brien, K.J. and Ye, J.
Year:
2013

Rwanda Land Law

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

Slovenia Constitution

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