Report - Office of the High Commissioner on Human Rights

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Particular groups requiring attention Women-headed households Widows Women from Indigenous, minority or descentbased communities Women living under occupation Women who have been forcibly evicted Women who have faced domestic violence Women who have faced ethnic, armed conflict Children (girl-child, street children, orphans) Elderly women Women living in extreme poverty Women with disabilities Women with HIV/AIDS Website – http://www.unhchr.ch/housing Commission on Human Rights resolution 2003/22 Women’s equal ownership <strong>of</strong>, access to and control over land and <strong>the</strong> equal rights to own property and to adequate housing Affirms discrimination against women in land, property and housing as a violation <strong>of</strong> human rights Encourages Governments to support transformation <strong>of</strong> customs and traditions Addresses <strong>the</strong> role <strong>of</strong> IFIs in provision <strong>of</strong> credits Encourages human rights education concerning women’s rights to land, property and housing Invites all States to respond to <strong>the</strong> questionnaire Requests <strong>the</strong> Special Rapporteur to prepare a study in 2005 Website – http://www.unhchr.ch/housing 2005 <strong>Report</strong>: Two-year strategy Questionnaire Regional consultations Work <strong>of</strong> UN agencies Cooperation with treaty bodies (CEDAW, CESCR, CRC, CERD) Working with civil society Website – http://www.unhchr.ch/housing The questionnaire on women and adequate housing Purpose To get information from States, local authorities, civil society, UN agencies; To contribute to <strong>the</strong> report on women and adequate housing to be submitted by <strong>the</strong> SRAH to <strong>the</strong> Commission on human rights in 2005, pursuant to resolution 2003/22; As a human rights education and learning tool to explain <strong>the</strong> comprehensive nature <strong>of</strong> RAH to promote women’s equal rights to housing, land, property and inheritance. Website – http://www.unhchr.ch/housing The Questionnaire Structure The questionnaire has two main parts: Part I: General legal and policy framework Part II: Essential elements <strong>of</strong> <strong>the</strong> right to adequate housing (RAH) Website – http://www.unhchr.ch/housing The questionnaire on women and adequate housing General legal and policy framework Specific elements <strong>of</strong> <strong>the</strong> right to adequate housing Legal security <strong>of</strong> Cultural adequacy tenure Freedom from Access to public dispossession goods and services Access to information Access to land, Participation water and natural Resettlement and resources compensation Affordability Privacy and security Habitability Access to remedies Physical accessibility Education and Location empowerment Website – http://www.unhchr.ch/housing Questionnaire responses should be sent to: <strong>Office</strong> <strong>of</strong> <strong>the</strong> <strong>High</strong> <strong>Commissioner</strong> for Human Rights (Attn: Ms. Cecilia Möller, Focal point on housing rights) Palais des Nations, CH-1211 Geneva, Switzerland Fax: + 41 22 917 9010 E-mail: cmoller@ohchr.org Deadline: 15 November 2004 Electronic copies <strong>of</strong> <strong>the</strong> questionnaire are available at: http:www.unhchr.ch/housing Website – http://www.unhchr.ch/housing HLRN Tool Kit - Entitlements Legal security <strong>of</strong> tenure Access to public goods and services Access to land, water and natural resources Affordability Habitability Physical accessibility Location Website – http://www.unhchr.ch/housing Cultural adequacy Freedom from dispossession Access to information Participation Resettlement and compensation Privacy and security Access to remedies Education and empowerment EXECUTIVE SUMMARY 77
Gender Differences: Common heritage humankind Gender Non-Discrimination and Equality in <strong>the</strong> Right to Adequate Housing What gender differences are ‘natural’ What gender differences are ‘culturally constructed’ Which group <strong>of</strong> differences is <strong>the</strong> larger Socially constructed differences are dynamic – They can vary across cultures and time – They can change The ideology <strong>of</strong> gender makes socially constructed differences seem ‘natural’ and <strong>the</strong>refore unchangeable The ideology <strong>of</strong> gender manifests in gender roles; gender relations; and gender identity Are differences between women and men a problem Common language <strong>of</strong> human rights: What models <strong>of</strong> equality are <strong>the</strong>re Difference is not itself a problem Difference only becomes a problem when it justifies discrimination that results in: – Unequal power – Unequal opportunities – Unequal resources – Unequal responsibilities – Unequal rights Gender differences have historically provided <strong>the</strong> justification (gender ideology) for discrimination against women and women’s inequality Formal/sameness model: – Women enjoy <strong>the</strong> same rights as men – laws appear neutral as to sex/gender Protectionist model: – Women’s rights are restricted or formulated differently from men’s to protect women from harm because <strong>the</strong>y are vulnerable Substantive/Corrective model: – Concerned with producing women’s equality in result Framing rights so <strong>the</strong>y are inclusive <strong>of</strong> women Recognizing rights that are specific to women Taking affirmative action measures Providing enabling conditions – creating a level playing field What are <strong>the</strong> limitations <strong>of</strong> <strong>the</strong>se different models Formal/sameness model – neutral laws: – Draws from male standards/experience – Women’s different experience/needs are ignored – Women may no be able to exercise <strong>the</strong>ir rights because • It may expose <strong>the</strong>m to violence/hostility • They cannot access <strong>the</strong> opportunities • The opportunities conflict with <strong>the</strong>ir o<strong>the</strong>r responsibilities • The failure <strong>of</strong> women to exercise <strong>the</strong>ir formal equality is <strong>of</strong>ten interpreted as women making a choice, or as women being incapable – how could you respond • While essential, formal equality is not enough because it does not recognize women’s difference What are <strong>the</strong> limitations <strong>of</strong> <strong>the</strong>se different models Protectionist model: – Women are denied choice and autonomy – Women are denied opportunities to develop – Stereotypes about women’s vulnerability and dependence are perpetuated • The justification for adopting a protectionist approach is <strong>of</strong>ten that it is in <strong>the</strong> best interests <strong>of</strong> women – how could you respond • While this approach recognises women’s difference, it reinforces stereotypes that perpetuate women’s inequality, <strong>the</strong>refore does not lead to social change What are <strong>the</strong> limitations <strong>of</strong> <strong>the</strong>se different models Substantive/corrective model: – Few, if any, any limitations • What are <strong>the</strong> positive features <strong>of</strong> this model – The standard <strong>of</strong> equality is inclusive <strong>of</strong> women’s experience – Measures necessary to make up for women’s historical disadvantage are introduced – Background impediments are addressed • One type <strong>of</strong> negative response to this model is that it gives women unfair advantages; ano<strong>the</strong>r is that it involves extra costs–how could you respond • This approach takes account <strong>of</strong> women’s differences in an empowering way that is consistent with equality The right to adequate housing in <strong>the</strong> ICESCR What model <strong>of</strong> equality is adopted in this article • Article 11(1): The States Parties to <strong>the</strong> present Covenant recognize <strong>the</strong> right <strong>of</strong> everyone to an adequate standard <strong>of</strong> living for himself and his family, including adequate food, clothing and housing, and to <strong>the</strong> continuous improvement <strong>of</strong> living conditions. 78 WOMEN’S RIGHTS TO ADEQUATE HOUSEING AND LAND
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Proceedings of <st
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Author: Editors: Publisher: Design
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List of Acronyms a
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Preface The Fiji Consultation on wo
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fertilization of w
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8. Annexes Annex A: List of
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• To enable participants to artic
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Recommend that donors implement gen
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To meet these obje
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Each consultation provides a unique
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2.4 The Elements of</strong
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There are ten steps to the<
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Participants used the</stro
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- ensuring the “
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- Implementation bodies (e.g. UNDP,
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Palestine - Habitat International C
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of the</st
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“In the Cook Isl
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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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134 WOMEN’S RIGHTS TO ADEQUATE HO
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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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