Report - Office of the High Commissioner on Human Rights

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<strong>of</strong> protection - for example, legal limitations (absence <strong>of</strong> laws, conflicts in laws, discriminatory laws, lack <strong>of</strong> recognition in <strong>the</strong> constitution, biased judiciary), gaps in policies, absence <strong>of</strong> policies and budgets. In addition, <strong>the</strong>re may be institutions at <strong>the</strong> community level or customary and traditional practices, which serve to discriminate against women, or prevent <strong>the</strong>m from accessing <strong>the</strong>ir right to adequate housing. It is critical to identify not just <strong>the</strong> symptoms but also <strong>the</strong> root sources <strong>of</strong> such problems, and to identify <strong>the</strong> structural origins <strong>of</strong> <strong>the</strong> obstacles; 6. Victimisation, vulnerability – The victim is <strong>the</strong> person who experiences <strong>the</strong> violation (e.g. a widow who has been denied her inheritance) and vulnerable persons are those who are likely to be affected as a result <strong>of</strong> <strong>the</strong> violation (e.g. children in <strong>the</strong> widow’s care, or possibly o<strong>the</strong>r women who might face <strong>the</strong> same fate). Identifying <strong>the</strong> victims is more reactive, while identifying <strong>the</strong> vulnerable is more proactive, which in turn fur<strong>the</strong>r impacts <strong>the</strong> decision <strong>of</strong> whe<strong>the</strong>r to take remedial or proactive measures. The aim is to be as explicit as possible, specifying <strong>the</strong> number <strong>of</strong> victims or numbers <strong>of</strong> vulnerable people. To ensure an understanding <strong>of</strong> <strong>the</strong> gender dimensions, it is important to identify <strong>the</strong> women and girls involved as victims or vulnerable people; 7. Impacts, consequences - The identification <strong>of</strong> <strong>the</strong> impacts <strong>of</strong> violations and <strong>the</strong>ir quantification in terms <strong>of</strong> costs is necessary in order to seek compensation or to influence public opinion, as well as imparting a sense <strong>of</strong> how violations can affect a wider group; The ‘Loss Matrix’ provides a methodology for categorising a victim’s material losses (e.g. cost <strong>of</strong> house, cost <strong>of</strong> property, cost <strong>of</strong> personal possessions) and non-material losses (e.g. lost education opportunities, lost social opportunities, social marginalisation). It also calculates <strong>the</strong> material and non-material losses (e.g. pain and suffering, social and public costs such as services paid for by <strong>the</strong> public) <strong>of</strong> those o<strong>the</strong>r than <strong>the</strong> victim (e.g. children, military, lawyers, public etc.). The Loss Matrix Table (see Annex F) is a guide for collecting <strong>the</strong> information necessary for quantifying costs; 8. Duty holder, violators – The State (government), as <strong>the</strong> body that ratifies human rights treaties is <strong>the</strong> primary duty holder. Violators may be <strong>the</strong> State or private actors that have committed <strong>the</strong> violation (e.g. customary leaders and institutions, members <strong>of</strong> <strong>the</strong> community, private sector etc.). Even where private actors are <strong>the</strong> violators, <strong>the</strong> State is still <strong>the</strong> duty holder responsible for ensuring that violations are prevented or adequately redressed; 9. Actions, interventions – The previous steps in <strong>the</strong> tool kit <strong>of</strong> identifying problems, consequences and responsible actors serve as <strong>the</strong> prerequisites for deciding upon an appropriate course <strong>of</strong> action. At this point, a strategic analysis assessing legal and non-legal assets as well as opportunities (e.g. appearing before a treaty body) and threats (e.g. backlash), should be undertaken prior to any decision on what constitutes an appropriate response; 11 10. Evaluation - Any action taken must be subsequently evaluated. For example, <strong>the</strong> European Human Rights Court ruled in favour <strong>of</strong> a Cyprian woman who had lost her property under <strong>the</strong> Turkish occupation 30 years ago. To this date, however, <strong>the</strong> government is yet to deliver her any remedy. Therefore, <strong>the</strong> implementation <strong>of</strong> court decisions requires continual monitoring. 11 One important strategy to consider is budget analysis. For example, on <strong>the</strong> specific subject <strong>of</strong> providing ramps in public buildings it can be useful to advocate for budget allocations to provide for access structures. Legal requirements (e.g. anti-discrimination laws) can be used to reinforce demands for budget allocations. Budget analysis can also be used to question decisions on <strong>the</strong> allocation <strong>of</strong> resources. In addition to demanding budget allocations for adequate housing, it is also important to call for <strong>the</strong> accountability <strong>of</strong> budget expenditures as budgets may be allocated but not spent accordingly because <strong>of</strong> corruption. EXECUTIVE SUMMARY 13
Participants used <strong>the</strong> tool kit methodology to develop testimonies presented to <strong>the</strong> Special Rapporteur during <strong>the</strong> Consultation. (See Annex G for cases developed by participants using <strong>the</strong> Tool Kit methodology and Annex H for <strong>the</strong> testimonies, in full) 2.5 “Unpacking” and Applying <strong>the</strong> Tool Kit to <strong>the</strong> Right to Adequate Housing and Gender 12 It is critical to situate <strong>the</strong> elements <strong>of</strong> <strong>the</strong> right to adequate housing and <strong>the</strong> tool kit methodology within <strong>the</strong> context <strong>of</strong> <strong>the</strong> Pacific region. It is important to understand how <strong>the</strong> forms <strong>of</strong> discrimination experienced by women in <strong>the</strong> Pacific are mapped in relation to <strong>the</strong> elements, how <strong>the</strong> discriminations manifest <strong>the</strong>mselves, and what possible redress measures and remedies exist. 2.5.1 Non-discrimination and gender equality in <strong>the</strong> right to adequate housing Non-discrimination and gender equality are two <strong>of</strong> <strong>the</strong> overriding principles that apply to all human rights, including <strong>the</strong> human right to adequate housing. Having a detailed understanding <strong>of</strong> <strong>the</strong>se principles and <strong>the</strong>ir relationship to <strong>the</strong> human right to adequate housing provides <strong>the</strong> tools to challenge <strong>the</strong> justifications <strong>of</strong>fered for <strong>the</strong> persistence <strong>of</strong> <strong>of</strong>ficial and social practices that serve to discriminate against women in land and housing. a. Gender differences: Common heritage <strong>of</strong> humans Some gender differences are biological while some are culturally constructed. As culturally constructed, gender differences tend to vary across cultures and time. This would also seem to imply that <strong>the</strong>y are dynamic and capable <strong>of</strong> evolving over time, and <strong>the</strong>refore have <strong>the</strong> potential <strong>of</strong> contributing to <strong>the</strong> advancement women’s equality. Most notions <strong>of</strong> gender in our cultures help to perpetuate <strong>the</strong> myth that gender differences are ‘natural,’ and <strong>the</strong>refore cannot be changed. What is <strong>the</strong>refore needed is <strong>the</strong> rigorous examination <strong>of</strong> <strong>the</strong> gendered ideologies that inform <strong>the</strong>se stereotyped and artificial notions <strong>of</strong> gender. The changing <strong>of</strong> gender ideology, <strong>the</strong>refore, lies at <strong>the</strong> heart <strong>of</strong> CEDAW, and serves as an overriding principle <strong>of</strong> gender equality. Gender differences per se are not a problem. The problem arises when such differences are used to justify discrimination, and result in <strong>the</strong> unequal treatment <strong>of</strong> women (i.e. unequal power, unequal opportunities, unequal resources, unequal responsibilities and unequal rights). Gender differences have been historically used to justify discrimination against women, resulting in gender inequality. b. Models <strong>of</strong> Equality: Common language <strong>of</strong> human rights In <strong>the</strong> history <strong>of</strong> women’s movements, different models <strong>of</strong> equality have been used, some being <strong>of</strong> greater service than o<strong>the</strong>rs. • Formal/Sameness model – characterized by women’s pursuit <strong>of</strong> <strong>the</strong> same rights as men (e.g. laws that appear as if <strong>the</strong>y are sex/gender neutral). The limitation <strong>of</strong> this model is that it uses male standards, determined by men’s experiences, which ignore women’s different experiences and needs. Women are thus prevented from exercising <strong>the</strong>ir formal rights because to do so may expose <strong>the</strong>m to violence/hostility, prevent <strong>the</strong>m from accessing opportunities, or conflict with <strong>the</strong>ir existing responsibilities. When, due to such reasons, women 12 See Annex C for <strong>the</strong> full power point presentation delivered by Dianne Otto. 14 WOMEN’S RIGHTS TO ADEQUATE HOUSEING AND LAND
Page 1 and 2: Proceedings of <st
Page 3 and 4: Author: Editors: Publisher: Design
Page 5 and 6: List of Acronyms a
Page 7 and 8: Preface The Fiji Consultation on wo
Page 9 and 10: fertilization of w
Page 11 and 12: 8. Annexes Annex A: List of
Page 13 and 14: • To enable participants to artic
Page 15 and 16: Recommend that donors implement gen
Page 17 and 18: To meet these obje
Page 19 and 20: Each consultation provides a unique
Page 21 and 22: 2.4 The Elements of</strong
Page 23: There are ten steps to the<
Page 27 and 28: - ensuring the “
Page 29 and 30: - Implementation bodies (e.g. UNDP,
Page 31 and 32: Palestine - Habitat International C
Page 33 and 34: of the</st
Page 35 and 36: “In the Cook Isl
Page 37 and 38: The peace talks focused primarily o
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Page 41 and 42: I look at myself, at us and wonder
Page 43 and 44: That rainbow shirt you wear hurts m
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Page 71 and 72: 15. Filipo Masaurua Regional Rights
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64 WOMEN’S RIGHTS TO ADEQUATE HOU
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the meaning in no
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12:30-1:30 Using the</stron
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Consultation Dinner DAY FOUR, 15 Oc
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Legal Sources of <
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Over-riding Principles Internationa
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Gender Differences: Common heritage
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Preventative measures: Goals <stron
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What is Secure Tenure Entry Point t
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Access to Adequate Serviced Shelter
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Themes emerging from the</s
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Working with civil society Mobilisi
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Q7. How have the w
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Q19. Do women face any particular c
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of VAW as per <str
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102 WOMEN’S RIGHTS TO ADEQUATE HO
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The living place must be free from
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ii. Sources of <st
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Gender Equality 3 Women and men are
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HLRN Housing Rights Monitoring Tool
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The material and othe</stro
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Land : The landed property not asso
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Victims’ Non-material Losses Heal
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Forced Eviction Evaluation Matrix T
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Guarantees Causes Victims Vulnerabi
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Group 2 - Discrimination Case - a l
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Group 3 - Legal and cultural obstac
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Group 4 - Urbanisation (Tuvalu - ru
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Group 5 - Indigenous (PNG Case) Cas
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Entitlements - All the</str
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Poem: “A WIDOW” A bad one, Not
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have not been a priority. “Land i
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etween the PNG gov
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The tailings contained heavy metals
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different customs and tradition. Th
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The following is a pressing example
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Or did I not hear it right Women an
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- Cultural impacts - my mot
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employment or furthe</stron
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Actions/Recommendations - - Governm
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The current rapidly growing and ove
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my parents were supportive
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Susie Saitala Kofe
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what other options
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Element - Culture: Women must fulfi
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work very much from an inclusive, p
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My partner and I have moved three t
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Actions/Interventions - The Sexual
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you hope for a lift with a passing
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e.g. when mothers
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Element - Security of</stro
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Impacts - No sense of</stro
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Cultural appropriateness - What is
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Lynssay Francis, Cook Islands This
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State - The government is trying to
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At the age <strong
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- National Policy on Gender and Dev
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Testimonies on Housing, Land and Pr
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members burnt the
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Since 1995 they ha
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The funding for the</strong
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Reginald Kipe, Vanuatu Vanuatu is c
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Actions/Interventions - - More lega
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Case study 2 - rural women migratin
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“It has been important to listen
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Report - Office of the High Commissioner on Human Rights

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