Women's Human Rights Resources Database

This database lists hundreds of resources -- articles, documents and links -- related to international women's rights law and Canadian women's rights law. Annotations describe the content of each resource. Users can search by keyword and author as well as browse by women's rights topic. Full-text documents or links to full-text documents are provided where available.
Search Results for content type Article categorized with Property Law and Housing Rights
Ajala, Taiwo , Gender Discrimination in Land Ownership and the Alleviation of Women's Poverty in Nigeria : A Call for New Equities , 17(1) INTERNATIONAL JOURNAL OF DISCRIMINATION AND THE LAW, 51-66 (2017)
This article outlines how land reform and reform of property rights could alleviate women’s poverty in Nigeria. Despite the prohibition of gender discrimination in the Nigerian Constitution and a prior effort at land reform under the Nigerian Land Use Act of 1978, customary law continues to exclude Nigerian women from land ownership. This deprivation prevents women from accessing the benefits of owning land. The author notes that land reform must be accompanied by legislative reform to guard against efforts to circumvent land redistribution. Western-style legal reforms have failed so far. The author proposes that the ideal approach to land reform in Nigeria must be informed by customs. It must also aim to foster equity, equality, and productivity. For instance, redistributing farmland within households so both wife and husband hold land rights may facilitate women’s productivity in agriculture while taking customs into account.

 

Begum, Ferdousi , Analyzing Hindu Women’s Right to Property in Bangladesh : Absolute Interest versus Limited Interest , 6(1) KATHMANDU SCHOOL OF LAW REVIEW, 103-116 (2018)
This article analyzes the property rights of Hindu women in Bangladesh. Bangladesh is a signatory of the UN Charter, of CEDAW* and of ICESCR**. Formal equality is also constitutionally enshrined. However, in practice, inheritance is governed by the customary laws. The prevailing principle of inheritance law under the prevalent Dayabagha system is the doctrine of religious efficacy. This system excludes women because the majority of people who are eligible to inherit are male. Moreover, female heirs can only take a limited interest in inherited property, meaning that upon her death, her property passes on to the heirs of the last male owner. Women can only hold absolute ownership in Stridhan, or female estate, which is earned through labour and gifts. The author argues that these customary inheritance laws are discriminatory and infringe Hindu women’s rights. She concludes that legal reform is needed to ensure Bangladesh meets its commitments under constitutional and international law.  *Note: with reservations to articles 2 and 16(1)(c)**Note: with reservations to articles 2 and 3 

 

Bishin, Benjamin G., Cherif, Feryal M. , Women, Property Rights, and Islam , 49(4) COMPARATIVE POLITICS, 501-519 (2017)
According to Bishin and Cherif, property rights offer unique insight into the factors that account for gender inequality in Muslim-majority countries. Both cultural and religious explanations predict gender-based discrimination for many kinds of rights. In contrast, for Muslim-majority countries, only cultural, patriarchy-based explanations predict gender-based discrimination with respect to property rights generally. In these contexts, religious explanations predict greater equality with respect to property rights, as prescribed by Islamic law. Accounting for factors including religiosity, patriarchy, education, and the density of women’s advocacy groups, the authors conduct an analysis that suggests that patriarchal norms are a better predictor than religion of state behaviour in affording women property rights. Other factors such as women’s education and networks of women’s rights activists are even more predictive. These results suggest that activists’ sensitivity to the religious context is perhaps less important than focusing resources on promoting women’s education and self-advocacy. 

 

Butegwa, Florence , Women's Legal Right of Access to Agricultural Resources in Africa: A Preliminary Inquiry Women's Access to Land in Africa , 8 THIRD WORLD LEGAL STUDIES, 45-57 (1991).
In this article, the author discusses the discrepancies between international law and domestic practice in women's right of access to land. The article begins by outlining various means for women to access land, such as acquisition on first registration, acquisition through inheritance and acquisition through direct purchase. The author emphasizes the importance of a right of access to agricultural credit and discusses various options for women to access land including credit through cooperatives and through special financial institutions. In conclusion, the article examines prospects for change in law reform, rights awareness programs, progressive judiciary and community-level support groups.

 

Chinwe, Nwufo Cecilia, Kate, Okoli Chinwe , Customary Law, Law and Women Rights to Inheritance and the Challenges , 19(1) THE NIGERIAN LAW JOURNAL, 199-222 (2016)
This study examines and identifies factors, including the patriarchy, cultural practices, lack of education, poor representation of women in government structures, religion, and legal factors undermined by traditional norms that impede women’s inheritance rights to land in different parts of Nigeria. The denial of women’s inheritance rights to land has greatly contributed to rampant poverty amongst women in Nigeria. The paper is written in the context of customary law, the common law and legislation as a great majority of people in Nigeria conduct their activities in accordance with and subject to customary law specific to a particular area or community. The study also cites various court cases demonstrating that daughters and widows don’t inherit either from their father or husband’s estate. Lastly, the study recommends that customary law should be reviewed to remove clauses that don’t protect and violate the right of widows, women and girls. 

 

Farha, Leilani , Is There a Woman in the House? Re/conceiving the Human Right to Housing , 14 CANADIAN JOURNAL OF WOMEN AND THE LAW, 118-141 (2002).
This article provides a framework for analyzing the right to housing in order to ensure that women can have equal, effective enjoyment of this right. In Part 1, the author argues that the right to housing must incorporate a substantive understanding of women's equality rights. The article also reviews considerations of equality and non-discrimination under international law. Part 2 assesses the extent to which a right to housing under international law conforms to the requirements of substantive equality. The author concludes by arguing that incorporating equality and non-discrimination into the right to housing would create a right more responsive to women's experiences.

 

Fonjong, Lotsmart , Women’s Land Rights and Working Conditions in Large-Scale Plantations in Sub-Saharan Africa , 41(3) AFRICA DEVELOPMENT, 49-69 (2016)
The author argues that, through colonization, decolonization, and globalization, women in Sub-Saharan Africa have been pushed off of the lands upon which they formerly relied to provide for themselves and their families. As far back as the customary land system, women have had limited rights and access to land, rendering them dependent on their husbands and other men. With the recent drive towards a more privatized land system and the prevalence of large-scale land acquisitions, foreign companies, governments, and other elites have transformed the land for their own commercial agriculture purposes. In doing so, they have also driven gender inequality by disadvantaging women in the labour market and alienating them from the land that was their primary source of income and sustenance. This article calls attention to the need for a more conscientious approach to economic development in this rapidly evolving region that will not systemically undermine the autonomy of women.

 

Fredman, Sandra , Women and Poverty - A Human Rights Approach , 24 AFRICAN JOURNAL OF INTERNATIONAL AND COMPARATIVE LAW 494-517 (2016)
Women form the majority world’s poorest people and women in poverty is a complex problem. In this article the author calls for a gendered human rights approach to poverty. The author looks in particular at how, in many countries around the world, the law contributes to women’s poverty, both through legal limitations and customary discrimination. One area in particular that the article highlights is legal barriers preventing women from owning property and how this puts them in a precarious position if they become widowed or divorced. The author calls for substantive equality in approaching these problems, as opposed to formal equality. Finally, the article evaluates a number of development policies that have been put into place, such as conditional cash transfer programs and microfinancing schemes. 

 

Freeman, Marsha A. , Women, Law, and Land at the Local Level: Claiming Women's Human Rights in Domestic Legal Systems , 16 HUMAN RIGHTS QUARTERLY, 559-75 (1994).
This article begins with a review of the value of using law and legal systems to improve women's status. The second section examines issues involved in developing the human rights construct in domestic legal systems. These issues include establishing the principle of nondiscrimination, using nationally based definitions of human rights, invoking constitutional human rights norms, and referring to international instruments and legal developments in other countries. In the final section of the paper, the author presents three strategies for using human rights norms in national legal systems: using the courts, addressing other branches of government, and developing the women's rights construct through applied research. In elaborating on these strategies, the author gives examples from African countries, including cases from Botswana, Tanzania, and Kenya, law reform examples from Zimbabwe. Several of these examples deal with African Indigenous women accessing their rights.

 

Heung, Gina , No Sympathy to Women and Children in Securing Their Family Home , 6(1) LEGAL ISSUES JOURNAL, 61-88 (2018)
This article discusses two issues that disproportionately affect women and children in the United Kingdom: common intention constructive trusts and the application of sale under the Trusts of Land and Appointment of Trustees Act 1996. Regarding the former issue, the author argues that applying the common intention constructive trust to family home disputes has deprived women of an interest commensurate with their contributions, largely because the courts have often regarded non-financial contributions as insufficient to secure an interest. Regarding the latter issue, the author observes that the courts have often prioritized the interests of creditors over those of co-owners and their children. Notably, this tendency raises issues under Article 8 of the European Convention on Human Rights. By ousting women and children from their familial homes, decisions that allow creditors to force the sale of a debtor’s home potentially infringe upon entitlement to a private family life and home

 

Jackson, Nia K.N. , All Players to the Table: Getting Total Buy-In to an Economic Approach to Women's Land Rights Reform , 10(1) JOURNAL OF INTERNATIONAL BUSINESS AND LAW, 189-206 (2011)
This article advances the argument that, in the fight for gender equality, buy-in is needed from both men and women in order to achieve substantial change more quickly. The author focuses specifically on women’s land rights as an area of fundamental human rights where great disparity is seen in countries around the world. The article discusses current equalization efforts being taken and identifies two key problems that have arisen: implementation in areas of developing countries where legal venues are not available to women, and conflicting solutions in the most effective way to disperse aid to developing countries. The author also looks at the important economic contributions that women make to their families, and how the customary laws of countries conflict with their constitutional laws regarding equality rights. Specifically, the author discusses examples of conflict between constitutional and customary laws in India and Zimbabwe and how this conflict has made the fight for gender equity more challenging. Finally, the author calls for a multi-functional approach to be taken, that has all parties – both men and women – invested in achieving gender equity and advancing economic development.

 

Johnson, Margaret E. , A Home with Dignity: Domestic Violence and Property Rights , 1 BRIGHAM YOUNG UNIVERSITY LAW REVIEW, 1-54 (2014)
This article addresses the intersections between property and personal rights as they pertain to domestic violence in the United States. The author argues that the legal system must address housing rights in situations of domestic violence by focusing on each party's dignity, the importance of home, and ending domestic violence instead of focusing on safety alone. The paper discusses the three scenarios that a woman subjected to abuse might choose when she shares the home with her abuser: separate from her partner by excluding him from the shared home while she stays in it, separate from him by leaving the shared home, and continuing the relationship and staying in the shared home. Importantly, laws addressing domestic violence in a shared home do not adequately address rights surrounding that shared home. The author maintains that the issue of the home needs greater attention for three reasons: domestic violence is a leading cause of homelessness; the struggle over rights to a shared home can increase violence against the woman; and a woman who decides to continue living in a shared home with her abuser receives next to no legal support. This article criticizes the civil protection order (CPO) laws in place in the United States and proposes a renewed anti-domestic violence movement that focuses on the right to a home. Under this new theory, legislative changes could include the creation of a set of factors to guide the vacate decision and to increase the number of housing options for both women subjected to abuse and men who perpetrate abuse.

 

Klugman, Jeni, Twigg, Sarah , Gender at Work in Africa : Legal Constraints and Opportunities for Reform , 24(4) AFRICAN JOURNAL OF INTERNATIONAL AND COMPARATIVE LAW, 518-40 (2016)
This article takes a rights-based approach to review women’s economic rights globally and across Africa, to identify systematic constraints to women’s economic empowerment, and suggest key opportunities for reform. Within sub-Saharan Africa, women’s labour force participation is high, but most women are employed in low-wage subsistence-based enterprises. Although all but three African countries have ratified CEDAW and most have constitutionally enshrined non-discrimination, legal and social discrimination continues to impede women’s economic opportunities. Women face both formal barriers, such as discriminatory inheritance laws, and social barriers like norms that allocate to women the brunt of housework, child-care, and elderly care. The article concludes that legal reform can drive positive change in sub-Saharan Africa. Priorities include constitutional recognition of the principle of non-discrimination, reducing legal constraints on women’s economic participation, and reforming property and inheritance laws. These legal reforms must be supported by strong implementation and enforcement mechanisms, which in turn require numerous resources.

 

Knowles, Jane B. , Women's Access to Land in Africa , 8 THIRD WORLD LEGAL STUDIES, 1-14 (1991).
This article begins by establishing women's land and property rights within international human rights law. The author then moves to examine current systems of land tenure in Africa and the extent to which women are able to access their property rights. The article notes the discrepancy between women's responsibility for ensuring the family's food supply and the general lack of recognition of women's rights in land. The article undertakes a historical review of the development of legal systems in Africa and includes several country case studies focusing on the laws governing women's property rights.

 

Kurshan, Leslie , Rethinking Property Rights as Human Rights: Acquiring Equal Property Rights for Women Using International Human Rights Treaties , 8 AMERICAN UNIVERSITY JOURNAL OF GENDER, SOCIAL POLICY AND THE LAW, 353 (2000).
This article considers the potential for women to gain equal property rights through the mechanisms developed under international human rights treaties. The article particularly focuses upon the regional human rights system under the Organization of American States (OAS). The article begins by reviewing the scope of property rights of women, particularly in Latin America. The author then moves to discuss how the Inter-American Commission on Human Rights and the Inter-American Court have treated violations of property rights of women. The article evaluates the extent to which human rights treaties are capable of assisting women in obtaining their full property rights. In conclusion, the author also considers other potential avenues for securing property rights.

 

Mohan, Sharanya Sai , The Battle After the War: Gender Discrimination in Property Rights and Post-Conflict Property Restitution , 36(2) YALE JOURNAL OF INTERNATIONAL LAW, 461-496 (2011)
This Note looks at barriers to women's property ownership in property restitution programs in transitional justice settings. It evaluates the existing international legal framework and considers Liberia, Rwanda, Mozambique, and Guatamala as case studies of transitional justice schemes. The author emphasizes that the existing international framework needs to more explicitly recognize the equal right to post-conflict property restitution through a stronger version of the Pinheiro Principles. Domestic governments and local lawmakers should use the transitional period to reform formal law and and eliminate discriminatory property provisions. Customary law should also be reconciled with these changes to the extent that it is also discriminatory, and formal law should step in with the recourse for women when discriminatory customary law cannot be reconciled. Finally, law reform should be supplemented with improved enforcement mechanisms, land redistribution programs, educational efforts to inform displaced women of their rights, and the inclusion of civil society and displaced women in the development of the transitional justice scheme.

 

Musliu, Freskim, Ibrahimi, Arton , Legal Regulation of Women's Rights in Property and Inheritance in the Republic of Kosovo , 2019(1) ACTA UNIVERSITATIS DANUBIUS JURIDICA, 72-83 (2019)
This article aims to analyze the current state of legislation pertaining to the property and inheritance rights of women in Kosovo. The authors begin with an overview of codified norms regarding property and inheritance rights. This paper identifies “The Code of Leke Dukagjini” as the main source of customary law. The Code was created in the 15th century but still impacts how legislation is applied. Under the Code, women had no inheritance rights and only had property rights to items necessary for survival. The authors then list international treaties pertaining to women’s property rights recognized by the Kosovan Constitution, including CEDAW and the UDHR. The article also notes that domestic legislation forbids gender discrimination in inheritance and property rights and presumes that spouses are joint owners of marital property. The authors conclude that written law holds that women have equal rights, but practical implementation remains flawed due to customs.Note: The UN Interim Administration in Kosovo has not officially ratified any of the treaties mentioned by the authors according to the UN Treaty Body Database. 

 

Njieassam, Ester E. , Gender Inequality and Land Rights : The Situation of Indigenous Women in Cameroon , 22 POTCHEFSTROOM ELECTRONIC LAW JOURNAL, 1-33 (2019)
The central position of Indigenous women in food production in Cameroon means that the loss of ancestral land and natural resource development has contributed to the marginalization of indigenous women. The author provides a comprehensive discussion of the history of various Indigenous peoples and the customary notion of land rights in Cameroon. While land is regarded to be collectively held, Indigenous women are largely excluded from decision-making in relation to land. Customary law grants no land rights to women which can only be attained through marriage. The author outlines the various legal mechanisms, both domestic and international, which can be applied to land rights.  The challenges Indigenous women face in relation to land rights include lack of proper recognition, exacerbated poverty, and marginalization. The author advocates for legislative attention towards Indigenous women and their participation in decision-making. 

 

Panizzi, Danielle , A Victim of Domestic Violence a "Nuisance" to Society? : How Chronic Nuisance Ordinances in Municipalities Impact Victims of Domestic Violence , 39(2) WOMEN'S RIGHTS LAW REPORTER, 146-171 (2018)
This article explores the impact of nuisance law on victims of domestic violence and examines the rationale behind public nuisance laws in the U.S. where nuisance offences include four or more calls for police service “even if the tenant called to report and deter her attacker, or was the victim of criminal conduct”. Landlords can pursue evictions on this basis and municipalities can penalize landlords if they fail to pursue. As a result, many landlords evict these tenants, refuse to renew their lease or tell tenants to refrain from calling 9-1-1. Although the Department of Housing and Urban Development planned to release new guidelines for victims of harassment and fair housing claims, the author argues that broad guidelines will be ineffective because of biases in law enforcement and that the Trump administration’s spending cuts will undermine current protections for these victims. Finally, the author advocates for clear exceptions to protect these victims or an abolition to these nuisance offences.

 

Polavarapu, Aparna , Procuring Meaningful Land Rights for the Women of Rwanda , 14 YALE HUMAN RIGHTS & DEVELOPMENT LAW JOURNAL, 105-154 (2011).
The author discusses issues of land reform and gender equality in the context of post- genocide Rwanda. Prior to land reforms in 1999 that gave women the same property rights as men, Rwandan women were not allowed to inherit or own land, and only had secondary property rights through their fathers or husbands. The author argues that despite these legal changes, there are still major social obstacles to gender equality that are manifested through resistance to granting equal inheritance rights to daughters and sons, adherence to assumptions of female inferiority, and the persistence of informal marriages in which wives remain unprotected by the new law. The author identifies land scarcity, vestiges of discriminatory legal systems, and gendered power structures as underlying causes of these social obstacles, and suggests that many currently proposed solutions are inadequate because they fail to address these underlying causes. The author suggests that this discussion of property rights and barriers to gender equality is not limited to Rwanda and can be applied to the international development community. Aparna Polavarapu, Procuring Meaningful Land Rights for the Women of Rwanda (2011) 14 Yale Human Rts & Dev LJ 105.

 

Poon, Pamela G., Houston, Kiely, Shrestha, Abina, Rayamajhi, Rajin, Thapa, Lily, Surkan, Pamela J. , Nepali Widows' Access to Legal Entitlements : A Human Rights Issue , 38(2) HUMAN RIGHTS QUARTERLY, 391-410 (2016)
Approximately a half-million Nepali widows struggle to obtain property that is owed to them under domestic and international law. This article presents a qualitative study of Nepali widows’ access to their legal entitlements, including land acquired through the death of a husband, death benefits provided to widows of conflict victims, army personnel, and social security benefits provided to widows who don’t fit into the previous categories. The author also outlines Nepal’s current legal and political system, and explores widows’ understanding of their rights to marital property, and the various structural and self-imposed barriers preventing widows from obtaining their husband’s property. Finally, the article provide several recommendations to improve widows’ access to familial property that they are legally entitled to, such as local NGO efforts and programs that include men and in-law families. A widow who owns property and securely receives government benefits is an empowered woman with status in society.

 

Pradhan, Rajendra, Meinzen-Dick, Ruth, Theis, Sophie , Property Rights, Intersectionality, and Women's Empowerment in Nepal , 70 JOURNAL OF RURAL STUDIES, 26-35 (2019)
This paper aims to provide a nuanced view of the effects of property rights on women’s empowerment at different life stages and in different social circumstances, using an intersectional approach. The authors stress the importance of analyzing the interactions between gender and other vectors of inequality as well as legal pluralism when studying the relationship between Nepalese women's property rights and empowerment. The authors found that women have stronger claims to personal property than to joint property of households. They also found that women’s social position within the household impacts her property rights more than caste or ethnicity. Generally, newly married daughters-in-law have weaker rights compared to wives of the male head of the family. Women’s relationship with their husbands also heavily influences property rights, those in cooperative marriages being advantaged. Women’s property rights in Nepal are intricately linked to shifting social relationships. Therefore, future research must take this dynamism into account.

 

Rebouche, Rachel , Labor, Land, and Women's Rights in Africa: Challenges for the New Protocol on the Rights of Women , 19 HARVARD HUMAN RIGHTS JOURNAL, 235-256 (2006).
This article outlines the shortcomings of previous treaties and programs created to address human rights issues, focusing specifically on women's rights in Africa. It examines the United Nations Convention on the Elimination of All Forms of Discrimination Against Women. The author describes the creation of the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa . The author argues that the drafters of the Protocol have failed to adequately address labour and land issues that women face in Africa. She then asserts that in order for women in Sub- Saharan Africa to have economic security, their rights as landowners must be affirmed. Finally, the article describes reform measures that have been undertaken in parts of Africa to address women's land and labour rights, and also discusses the likelihood of these measures having an overall positive impact on the economic rights of women. Rachel Rebouché, Labor, Land, and Women's Rights in Africa: Challenges for the New Protocol on the Rights of Women (2006) 19 Harv Hum Rts J 235.

 

Sigamany, Indrani , Land rights and neoliberalism : an irreconcilable conflict for indigenous peoples in India? , 13(3) INTERNATIONAL JOURNAL OF LAW IN CONTEXT, 369-387 (2017)
The Forest Rights Act (FRA) is legislation meant to advance the rights to land for Indigenous forest peoples in India. The author identifies two main challenges to the implementation of the FRA as the incompatibility of the legislation with Advisasi's legal traditions, and the reliance on elected officials to work towards justice. The legislation operates amidst colonial legal frameworks and neoliberal ideology. The author discusses the colonial legal past of India and the recent trend towards recognition of human rights and Indigenous human rights reflected by international law instruments such as UNDRIP. The author argues that these rights have not been realized in reality, and provides the protest of a hydroelectricity project in Chamba District as an example of the government’s disregard for the FRA. The author concludes by emphasizing that continued government neglect of the FRA risks ‘hollowing’ out the efficacy of the land rights that the legislation grants.

 

Travia, Ben, Webb, Eileen , Can Real Property Law Play a Role in Addressing Housing Vulnerability : The Case of Older Women Experiencing Housing Stress and Homelessness , 33(1) LAW IN CONTEXT: A SOCIO-LEGAL JOURNAL, 52-86 (2015).
There is a shortage of affordable housing in Australia and a rising tide of homelessness, with older women as one of the fastest growing groups of people experiencing homelessness. This article provides background to the shortage of affordable housing by outlining the scale of, and reasons for, the increase in numbers of older people, particularly women, experiencing housing stress or homelessness in Australia and notes that the circumstances and response of older women experiencing housing vulnerability often differed from those of older men in the same predicament. This article also examines possible contributions the law could make in alleviating some pitfalls encountered by older women experiencing housing stress or homelessness. Lastly, this article considers what the law could do before a person becomes homeless, in particular to maintain and protect existing tenancies and whether landlord and tenant law could – or should – play a role in supporting accommodation arrangements for people in vulnerable housing circumstances.