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Human Rights

Joint Titling in Rural Peru: Impact on Women’s Participation in Household Decision-Making

Citation:

Wiig, Henrik. 2013. “Joint Titling in Rural Peru: Impact on Women’s Participation in Household Decision-Making.” World Development 52: 104-19.

Author: Henrik Wiig

Keywords: land titling, gender, empowerment, intra-household decisions, Peru, Latin America

Annotation:

Summary: 
Peru has implemented joint property rights between spouses and cohabitants on 57% of 1.5 million formalized agricultural plots. Bargaining theory indicates such redistribution of assets should empower women. This project measures influence on decision-making in 1,280 rural households, interviewing men and women separately. A historical coincidence during the land reform of the 1960–70s made only some communities eligible for plot titling. The process was exogenous and independent of both household and community characteristics. The significantly positive impact on female empowerment in simple mean comparison and econometric models including pre-titling historic variables is hence unbiased. (Summary from original source) 


Topics: Gender, Rights, Human Rights, Land Rights, Property Rights, Women's Rights Regions: Americas, South America Countries: Peru

Year: 2013

Women’s Human Rights in a Changing Climate: Highlighting the Distributive Effects of Climate Policies

Citation:

Bendlin, Lena. 2014. “Women’s Human Rights in a Changing Climate: Highlighting the Distributive Effects of Climate Policies.” Cambridge Review of International Affairs 27 (4): 680–98. 

Author: Lena Bendlin

Abstract:

A women’s rights perspective can inform and structure research on climate policy impacts on women. To date, climate policy analysis has mostly considered women as agents of climate protection, that is, objects of mitigation policies, rather than subjects in their own right. However, climate change mitigation involves direct and indirect distributive effects depending on which sectors are involved, which instruments are chosen and how funds are obtained and allocated. Since gender roles impact on individual livelihoods and activities, distributive effects are likely to be gendered. This paper suggests that women’s human rights can be used as a framework for research aiming to fill this gap. They provide a well-developed, tested range of criteria for gender justice. Such assessments would allow for a more systematic and comprehensive understanding of the gendered distributive effects of climate policies, notably with regard to the particularly understudied situation in the industrialized world.

Topics: Environment, Climate Change, Gender, Women, Gender Roles, Justice, Livelihoods, Rights, Human Rights, Women's Rights

Year: 2014

Are Climate Challenges Reinforcing Child and Forced Marriage and Dowry as Adaptation Strategies in the Context of Bangladesh?

Citation:

Alston, Margaret, Kerri Whittenbury, Alex Haynes, and Naomi Godden. 2014. “Are Climate Challenges Reinforcing Child and Forced Marriage and Dowry as Adaptation Strategies in the Context of Bangladesh?” Women’s Studies International Forum 47 (November): 137–44.

Authors: Margaret Alston, Kerri Whittenbury, Alex Haynes, Naomi Godden

Annotation:

Summary:
This paper outlines the link between child and forced marriage, dowry and climate changes in Bangladesh. Drawing on a three year research study on the gendered impacts of climate change, we argue that climate crises are creating significant economic hardships. This has led to dowry being viewed by the families of young men as a form of capital accumulation. For the families of girls, dowry has become a significant burden, a burden that increases with the age of the girl. We argue that the economic crises created by climate challenges are leading to an increase in child and forced marriages because the dowry is cheaper. We conclude that attention to climate challenges must take a much broader focus on social consequences in order to protect the human rights of women and girls in vulnerable communities. (Summary from original source)

Topics: Economies, Environment, Climate Change, Gender, Rights, Human Rights, Women's Rights Regions: Asia, South Asia Countries: Bangladesh

Year: 2014

Contesting Customary Law in the Eastern Cape: Gender, Place and Land Tenure

Citation:

Weinberg, Tara. 2013. "Contesting Customary Law in the Eastern Cape: Gender, Place and Land Tenure." Acta Juridica 2013 (1): 110-7.

Author: Tara Weinberg

Abstract:

This paper explores how government interventions to restrict African access to land in the 'Ciskei' in South Africa between 1930-1960 impacted disproportionately on women. It focuses on events in three districts, Fort Beaufort, Keiskammahoek and Peddie, making use of archival research to show how African people, particularly women, responded to government interventions that progressively rendered them landless. The paper interrogates how Africans' contestation of customary law and their relationship to the land was intricately tied up with the gendered nature of their family positions, privileges and responsibilities. Since the arenas in which women could voice their issues were limited, men sometimes articulated these issues (albeit in a mediated form) when the interest of a woman who approached them coincided with their own. Male Bunga Councillors appealed to a 'living' form of customary law in attempts to win greater rights to land inheritance for women and younger sons. They positioned their children as 'responsible' daughters and 'responsible' sons. In a context in which the state frequently used the language of 'African custom', in distorted ways, to justify its land policies, men and women contested not only the restraints on Africans' access to land, but also the nature and content of customary law. 

Topics: Governance, Rights, Human Rights, Land Rights, Property Rights, Women's Rights Regions: Africa, Southern Africa Countries: South Africa

Year: 2013

Land Registration and Gender Equality in Ethiopia: How State–Society Relations Influence the Enforcement of Institutional Change

Citation:

Lavers, Tom. 2017. “Land Registration and Gender Equality in Ethiopia: How State–Society Relations Influence the Enforcement of Institutional Change.” Journal of Agrarian Change 17 (1): 188–207.

Author: Tom Lavers

Abstract:

In recent years, the Ethiopian government has introduced reforms to promote gender equality in land rights, including legislative changes and a land registration programme that requires the names of both husbands and wives on certificates. This paper examines implementation of these reforms through a case‐based approach that links national policy processes to analysis of two village‐level case studies, based on fieldwork conducted in 2009–10. In both cases, government initiatives do appear to have enhanced women's land rights to a certain degree. However, the causal process involved is considerably more complex than the direct link between titling and women's land rights that is assumed in much of the existing literature. The cases suggest that government initiatives are contingent upon state–society relations, and that change to informal institutions and power relations within society can constitute an important complement to land registration. 

Keywords: ethiopia, land tenure, gender, political economy, state-society relations

Topics: Gendered Power Relations, Gender Equality/Inequality, Rights, Human Rights, Land Rights, Property Rights, Women's Rights Regions: Africa, East Africa Countries: Ethiopia

Year: 2017

A Woman's Field is Made at Night: Gendered Land Rights and Norms in Burkina Faso

Citation:

Kevane, Michael, and Leslie C. Gray. 1999. “A Woman's Field is Made at Night: Gendered Land Rights and Norms in Burkina Faso.” Feminist Economics 5 (3): 1-26.

Authors: Michael Kevane, Leslie C. Gray

Abstract:

Gendered social norms and institutions are important determinants of agricultural activities in southwestern Burkina Faso. This paper argues that gendered land tenure, in particular, has effects on equity and efficiency. The usual view of women as holders of secondary, or indirect, rights to land must be supplemented by a more nuanced understanding of tenure. Women's rights are in fact considerably more complex than the simple right to fields from their husbands. First, women's rights to property obtained from men may be coupled with other rights and obligations. In many ethnic groups, women have share rights to the harvest of their husbands. Second, despite land scarcity and rises in land value certain types of rights are strengthening. Specifically, women are more and more able to obtain land through the market. Finally, government intervention in the gendering of tenure seems to have eroded women's individual rights to land even when government projects explicitly try to incorporate women as "partners" in land-use programs.

Keywords: land, africa, gender, women, Burkina Faso

Topics: Gendered Power Relations, Gender Equity, Rights, Human Rights, Land Rights, Property Rights, Women's Rights Regions: Africa, West Africa Countries: Burkina Faso

Year: 1999

Land to the Tiller? Gender Relations and Land Reforms

Citation:

Jacobs, Susie. 1997. “Land to the Tiller? Gender Relations and Land Reforms.” Society in Transition 28 (1-4): 82-100.

Author: Susie Jacobs

Abstract:

This paper examines the gendered effects of different types of land tenure in land reform programmes, comparing individual household/family allocation with that in cooperatives/collectives. Summarising African, Asian and Latin American cases, it takes a broad perspective.

The results of land reforms along individual household lines are strikingly similar. All programmes assign land to household heads, usually husbands, following the populist stereotype of ‘undifferentiated peasant family farms’. This factor disadvantages wives, although others such as increased food security are beneficial. Many (not all) wives gain in terms of material comfort but may lose power within households, and come to have access to land only through men.

Cooperatives/collectives have become highly unpopular, due to a variety of factors, e.g. the experience of forced collectivisation; patronage-mongering and (for some husbands/fathers), fear of loss of control over female labour and sexuality. Despite real problems, some advantages exist for women within them; these include their greater visibility as cooperative/collective members who receive work points.

State support is necessary for a gender-aware land reform, but—as the Bodghaya struggle in Bihar highlights—so is ‘grassroots’ organisation that includes gender issues in more than a tokenistic fashion.

Topics: Gender, Gender Roles, Gendered Power Relations, Households, Rights, Human Rights, Land Rights, Property Rights, Women's Rights

Year: 1997

Implications of Customary Practices on Gender Discrimination in Land Ownership in Cameroon

Citation:

Fonjong, Lotsmart, Irene Fokum Sama-Lang, and Lawrence Fon Fombe. 2012. “Implications of Customary Practices on Gender Discrimination in Land Ownership in Cameroon.” Ethics and Social Welfare 6 (3): 260-74.

Authors: Lotsmart Fonjong, Irene Fokum Sama-Lang, Lawrence Fon Fombe

Abstract:

Africa, before European colonization, knew no other form of legal system outside customary arrangements. Based on secondary sources and a primary survey conducted between 2009 and 2010 on the situation of women and land rights in anglophone Cameroon, this paper examines the grounds for discrimination in customary laws against women's rights to land in the context of legal pluralism, and discusses the implications of this custom of gender discrimination. In drawing from Cameroon as an exemplar, it concludes that the strong influence and impact of customs on current land tenure systems have global implications on women's land rights, food security and sustainable development, and that gender equality in land matters can be possible only where the critical role of ethics is recognized in pursuit of the economic motive of land rights.

Keywords: women's rights, land tenure, customary practices, discrimination, development

Topics: Coloniality/Post-Coloniality, Development, Gendered Power Relations, Gender Equality/Inequality, conflict, peace and security, Governance, Rights, Human Rights, Land Rights, Property Rights, Women's Rights Regions: Africa, Central Africa Countries: Cameroon

Year: 2012

Property Rights and the Gender Distribution of Wealth in Ecuador, Ghana and India

Citation:

Deere, Carmen Diana, Abena D. Oduro, Hema Swaminathan, and Cheryl Doss. 2013. “Property Rights and the Gender Distribution of Wealth in Ecuador, Ghana and India.” Journal of Economic Inequality 11 (2): 249–65.

Authors: Cheryl Doss, Carmen Diana Deere, Abena D. Oduro, Hema Swaminathan

Abstract:

Women’s ability to accumulate wealth is often attributed to whether they have property rights; i.e., a legal personality to own and manage property. In this paper we argue that basic property rights are insufficient; whether women are able to accumulate wealth also depends upon the marital and inheritance regimes in particular contexts. Drawing upon surveys which collected individual level ownership data in Ecuador, Ghana and the state of Karnataka in India, we estimate married women’s share of couple wealth and relate it to how assets are owned within marriage as well as to different inheritance regimes and practices. In Ecuador, married women own 44 %, in Ghana, 19 %, and in Karnataka, 9 % of couple wealth. Ecuador is characterized by the partial community property regime in marriage while inheritance laws provide for all children, irrespective of sex, to be treated equally, norms that are largely followed in practice. In contrast, Ghana and India are characterized by the separation of property regime which does not recognize wives’ contribution to the formation of marital property, and by inheritance practices that are strongly male biased. Reforming marital and inheritance regimes must remain a top priority if gender economic equality is to be attained.

Keywords: inheritance regimes, marital regimes, women's property rights, asset ownership, wealth in developing countries

Topics: Economies, Economic Inequality, Gender, Gendered Power Relations, Gender Equality/Inequality, Rights, Human Rights, Land Rights, Property Rights, Women's Rights Regions: Africa, West Africa, Americas, South America, Asia, South Asia Countries: Ecuador, Ghana, India

Year: 2013

Land Tenure and Forest Rights of Rural and Indigenous Women in Latin America: Empirical Evidence

Citation:

Bose, Purabi. 2017. "Land Tenure and Forest Rights of Rural and Indigenous Women in Latin America: Empirical Evidence." Women's Studies International Forum 65: 1-8.

Author: Purabi Bose

Abstract:

Latin America's land-use and communal forests needs a better understanding through a lens of women. This research article aims to examine Latin America's secured individual land tenure legal reforms and communal rights in indigenous territories. Two empirical case studies are presented to assess the current dynamics of rural women's land title rights in coffee agroforestry under Colombia's new Formalización Propiedad Rural program, and indigenous Quechua women's communal forest land rights for indigenous foods like kañawa and quinoa farming in highland Bolivia. In doing so, it also gives an introduction to the five empirical research papers that are part of this Special Section edited by the author. The specific case studies are from the Brazilian Amazon, Bolivia's Gran Chaco area, Nicaragua's indigenous territories and two studies from Mexico – one from Oaxaca's central valley and the other is based on smallholder farming in Calakmul rural area. In conclusion, the author discusses the need to prioritise women's role in individual land rights and communal forest tenure in Latin American countries. 

Keywords: Latin America, communal forests, indigenous peoples, women, land tenure, food security, joint titling, Brazilian Amazon, Bolivia, Colombia, Mexico and Nicaragua

Topics: Gendered Power Relations, Post-Conflict, Post-Conflict Reconstruction, Rights, Human Rights, Indigenous Rights, Land Rights, Property Rights, Women's Rights Regions: Americas, Central America, South America Countries: Bolivia, Mexico, Nicaragua

Year: 2017

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