Source:
ESCR-Net mailing list
By Alison Gita Aggarwal
On 15 April 2005, at this year's UN Commission on Human Rights session, the Commission adopted wihtout a vote its latest resolution on women’s equal ownership, access to and control over land and the equal rights to own property and to adequate housing (See resolution 2005/25's full text).
The resolution 'noted with interest' the findings of the Special Rapporteur on Adequate Housing's progress report on women and adequate housing (E/CN.4/2005/43, pdf) and reaffirmed women’s right to an adequate standard of living, including adequate housing.
The resolution is particularly noteworthy for its comments on women's adequate housing in relation to domestic violence, HIV/AIDS, customary laws, the impact of gender based violence in emergency reconstruction and indigenous women:
- Importantly, the resolution recognised that the lack of adequate housing can make women more vulnerable to various forms of violence, including domestic violence, and in particular that the lack of housing alternatives may limit many women’s ability to leave violent situations.
- The resolution also noted that "laws that inhibit the full enjoyment of women’s rights to land ownership and inheritance" make women more vulnerable to HIV/AIDS.
- The resolution recognised that "laws, policies, customs, traditions and practices that ... prevent women from owning and inheriting land, property and housing and exclude women from participating fully in development processes, are discriminatory and contribute to increasing the poverty of women and girls". The Commission encouraged Governments to "support the transformation of customs and traditions that discriminate against women and deny women security of tenure and equal ownership of, access to and control over land and equal rights to own property and to adequate housing".
- The resolution noted "the impact of gender-based discrimination and violence against women on women’s equal ownership of, access to and control over land and the equal rights to own property and to adequate housing is acute, particularly during complex emergency situations, reconstruction and rehabilitation",
- The resolution called upon States to "urgently address discrimination, inequality and historical injustices experienced by ..indigenous women, in particular to secure their equal ownership, access to and control over land, and equal rights to own property and to adequate housing;"
In addition the resolution is mindful of the impacts of "multiple or aggravated forms of discrimination" on women, and also notes the need to achieve "substantive equality for women and girls", through consideration of women’s specific socio-economic contexts.
Finally, the resolution also made ground on the indivisible nature of rights by noting that women's inheritance rights are linked to women's adequate housing. It "reaffirms Commission on the Status of Women resolution 42/1, which, inter alia, urges States to design and revise laws to ensure that women are accorded full and equal rights to own land and other property, and the right to adequate housing, including through the right to inheritance..."
The resolution concluded by requesting the Special Rapporteur to submit a final report on women and adequate housing to the Commission at its sixty-second session, which specifically considers the impact of natural disasters on women’s adequate housing; and in cooperation with the Special Rapporteur on violence against women, its causes and consequences, looks at model provisions to protect women’s rights in housing and domestic violence legislation, to ensure women’s full and equal access to national legal aid schemes to protect their housing, land and property rights in cases of divorce, inheritance and domestic violence.
For further information about the Special Rapporteur's work on women and adequate housing visit: http://wwwohchr.org/english/issues/housing/women.htm
|
|
|
| |
 |
 |
In-depth
reports |
| Detailed
reports on key issues. |
Beijing +10: Conference on Women review
This global process was held in 2005 to review the implementation of the Platform for Action signed at the UN 4th World Conference on Women, in Beijing 1995.
Economic, social and cultural rights - ESCR
ESC rights are valid, enforceable, justiciable and claimable under both local and international law. Civil society is campaigning for their full implementation.
The right to adequate housing
The right to housing is a basic human right, essential to the fulfilment of a decent life.
|
| |
|
|
|
|
|
