|
Resolutions 2001/34 on Women's equal ownership of, access to and control over land and the equal rights to own property and to adequate housing
The Commission on Human Rights,
Recalling the Universal Declaration of Human Rights, the International
Covenant on Economic, Social and Cultural Rights, the International Covenant
on Civil and Political Rights, the Convention on the Elimination of All Forms
of Discrimination against Women, the Vienna Declaration and Programme of Action
adopted in June 1993 by the World Conference on Human Rights (A/CONF.157/23),
the Beijing Declaration and platform for Action adopted in September 1995 by
the Fourth World Conference on Women (A/CONF.177/20, chap. I), the Copenhagen
Declaration on Social Development and the Programme of Action of the World Summit
for Social Development held in March 1995 (A/CONF.166/9, chap. I, resolution
1), the Habitat Agenda adopted in June 1996 by the World Conference on Human
Settlements (Habitat II) (A/CONF.165/14, chap. I, resolution 1, annex II), the
report of the Ad Hoc Committee of the Whole of the twenty-third special session
of the General Assembly (A/S-23/10/Rev.1) and the report of the Ad Hoc Committee
of the Whole of the twenty-fourth special session of the Assembly (A/S-24/8/Rev.1),
Reaffirming the human right to be free from discrimination and the
equal right of women and men to the enjoyment of all civil, cultural, economic,
political and social rights as stipulated, inter alia, in the Universal Declaration
of Human Rights, the International Covenant on Economic, Social and Cultural
Rights and the International Covenant on Civil and Political Rights,
Recalling its resolution 2000/13 of 17 April 2000 and Commission
on the Status of Women resolution 42/1 of 13 March 1998,
Recalling also resolutions 1997/19 of 27 August 1997, 1998/15 of
20 August 1998 and 1999/15 of 25 August 1999 of the Sub-Commission on the Promotion
and Protection of Human Rights, formerly the Sub-Commission on the Prevention
of Discrimination and Protection of Minorities,
Welcoming the findings of the Special Rapporteur on violence against
women, its causes and consequences, contained in her report entitled "Economic
and social policy and its impact on violence against women" (E/CN.4/2000/68/Add.5)
submitted at the previous to session of the Commission, that women's poverty,
coupled with a lack of alternative housing options, makes it difficult for women
to leave violent family situations, and reaffirming that forced relocation and
forced eviction from home and land have a disproportionately severe impact on
women, and encouraging the Special Rapporteur to continue to take these findings
into consideration in her future work,
Recognizing that laws, policies, customs and traditions that restrict
women's equal access to credit and loans also prevent women from owning and
inheriting land, property and housing and exclude women from participating fully
in development processes, are discriminatory and may contribute to the feminization
of poverty,
Recognizing also that the full and equal participation of women in
all spheres of life is essential for the full and complete development of a
country,
Stressing that 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,
Convinced that international, regional and local trade, finance and
investment policies should be designed in such a way that they do not increase
gender inequality in terms of ownership of, access to and control over land
and the rights to own property and to adequate housing and other productive
resources and do not undermine women's capacity to acquire and retain these
resources,
Mindful of the fact that elimination of discrimination against women requires consideration of women's specific socio-economic context,
1. Affirms that discrimination in law against women with respect
to having access to, acquiring and securing land, property and housing, as well
as financing for land, property and housing, constitutes a violation of women's
human right to protection against discrimination;
2. Reaffirms women's right to an adequate standard of living, including
adequate housing as enshrined in the Universal Declaration of Human Rights and
the International Covenant on Economic, Social and Cultural Rights;
3. Also reaffirms the obligation of States to take all appropriate
measures to eliminate discrimination against women by any person, organization
or enterprise;
4. Urges Governments to comply fully with their international and
regional obligations and commitments concerning land tenure and the equal rights
of women to own property and to an adequate standard of living, including adequate
housing;
5. Reaffirms Commission on the Status of Women resolution 42/1, which,
inter alia, urged 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, and to undertake
administrative reforms and other necessary measures to give women the same right
as men to credit, capital, appropriate technologies, access to markets and information;
6. Encourages 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, to ensure the right of women to equal
treatment in land and agrarian reform as well as in land resettlement schemes
and in ownership of property and in adequate housing, and to take other measures
to increase access to land and housing for women living in poverty, particularly
female heads of household;
7. Also encourages Governments, specialized agencies and other organizations
of the United Nations system, international agencies and non-governmental organizations
to provide judges, lawyers, political and other public officials, community
leaders and other concerned persons, as appropriate, with information and human
rights education concerning women's equal ownership of, access to and control
over land and the equal rights to own property and to adequate housing;
8. Recommends that Governments encourage financial lending institutions
to ensure that their policies and practices do not discriminate against women;
9. Also recommends that international financial institutions, regional, national
and local housing financing institutions and other credit facilities promote
the participation of women and take into account their views to remove discriminatory
policies and practices, giving special consideration to single women and households
headed by women, and that these institutions evaluate and measure progress to
this end;
10. Invites the Secretary-General, as Chairman of the Administrative
Committee on Coordination, to encourage all organizations and bodies of the
United Nations system, individually and collectively, in particular the United
Nations Development Programme, the United Nations Centre for Human Settlements
(Habitat) and the United Nations Development Fund for Women, to undertake further
initiatives that promote women's equal ownership of, access to and control over
land and the equal rights to own property and to adequate housing, and allocate
further resources for studying and documenting the impact of complex emergency
situations, particularly with respect to women's equal rights to own land, property
and adequate housing;
11. Invites the Office of the United Nations High Commissioner for
Human Rights, the Office of the United Nations High Commissioner for Refugees
and other relevant international organizations, within their respective mandates,
to address discrimination against women with respect to land, property and adequate
housing in their technical cooperation programmes and field activities;
12. Encourages all human rights treaty bodies, in particular the
Committee on Economic, Social and Cultural Rights and the Committee on the Elimination
of Discrimination against Women, special procedures and other human rights mechanisms
of the Commission and the Sub-Commission on the Promotion and Protection of
Human Rights regularly and systematically to take a gender perspective into
account in the implementation of their mandates, and to integrate the contents
of the present resolution into their work, as appropriate;
13. Encourages the Office of the High Commissioner for Human Rights
and the United Nations Centre for Human Settlements (Habitat) to take into account
the contents of the present resolution in the development of the mandate of
the United Nations housing rights programme;
14. Requests the Secretary-General to report to the Commission at
its fifty-eighth session on the implementation of the present resolution;
15. Decides to consider the issue of women's equal ownership of,
access to and control over land and the equal rights to own property and to
adequate housing at its fifty-eighth session under the agenda item entitled
"Economic, social and cultural rights".
71st meeting
23 April 2001
[Adopted without a vote. .]
|