LEGN publishes new legal research on temporary special measures and gender equality in tenure rights
The Legal Paper provides a fresh outlook on the legal options available to lawyers, policy makers and parliamentarians to achieve substantive gender equality in tenure rights. It puts a spotlight on Articles 3 and 4 of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which require states to adopt temporary special measures - whenever necessary - to achieve substantive equality between men and women. De facto gender inequalities persist in tenure rights over land, fisheries and forests, despite formal recognition in several countries.
This paper takes things a step further and looks at what countries can do to move beyond the current status quo. It analyses what sorts of temporary special measures can be taken, from their incorporation into the constitution, laws on equality, standalone legislation on special measures, through to their more specific use in sectoral legislation.
The paper also highlights the role of temporary special measures for gender equality in supporting the implementation of the Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security (VGGT), the monitoring and reporting of SDG legal indicator 5.a.2, and the collection of statistical data on SDG indicator 5.a.1.
https://doi.org/10.4060/cb9701en