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Achieving de facto gender equality in land, forest and fisheries tenure

Scaling up the adoption of temporary special measures in national legal frameworks











Kenney, N. 2022. Achieving de facto gender equality in land, forest and fisheries tenure – Scaling up the adoption of temporary special measures in national legal frameworks. FAO Legal Papers No. 110. Rome, FAO.




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    Legislating for impact
    Scaling up the use of temporary special measures for de facto gender equality in agrifood systems
    2023
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    At a time of accelerating change and increasing pressures on rural livelihoods, achieving substantive equality between women and men has never been so imperative. States parties to the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) have an obligation to achieve substantive gender equality. This Legal Brief builds on a Legal Paper entitled Achieving de facto gender equality in land, forest and fisheries tenure – Scaling up the adoption of temporary special measures in national legal frameworks. It identifies ways that government authorities, policymakers, parliamentarians, lawyers and development actors can make use of temporary special measures (TSMs) to accelerate the achievement of substantive gender equality in agrifood systems.
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    Guidelines on strengthening gender equality in notarial practices - South-East Europe 2019
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    In the Western Balkans, notaries are public officials appointed by the State to confer authenticity on legal deeds and contracts contained in documents drafted by them or presented for authentication to them and to advise persons who call upon their services. These services include all judicial activities in non-contentious matters, affording legal certainty to clients . Notaries are also a part of the preventive administration of justice. The involvement of notaries in contracts and inheritance proceedings is regulated in national law, and, while there are variations across legal systems, their functions include the protection of constitutionally guaranteed rights and the application of the broader legal framework. This puts them in a privileged position to accelerate the realisation of de facto gender equality in land ownership and control, making them important agents of change. The procedure of full or partial notarial authentication is considered as one of the effective ways to protect the property rights in general and address equality through lending adequate assistance to whichever of the parties might be in a position of inferiority. National chambers of notaries are members of the International Union of Notaries (UINL) which promotes, co-ordinates and develops the functions and activities of notaries across the world. The UINL has developed Principles of notarial ethics which, among other important premises, emphasize the duty of notaries to exercise due diligence when carrying out their professional duties. By extension, this principle requires notaries to apply the law, including by ensuring that they uphold gender equality in their professional activities. In the region, all national laws on notaries follow the UINL principles. Besides, national chambers of notaries have developed their own Codes of Ethics which mirror these principles. The role of the notary as an independent and impartial public servant with the competences to advise the parties on the rights and obligations arising from the legal deed to be concluded, as well as protect the overall legal system, is set forward by the national laws. The UINL Principles of notarial ethics therefore offer a sound basis to guide notaries in strengthening gender equality in their daily activities. Following these principles, a notary’s duty is to ensure that the rights and interests of all parties to a contract are identified, respected and protected. The notary’s impartiality imposes the duty of providing adequate information and advice to protect the rights and interests of all parties, particularly those who are vulnerable or at a disadvantage. Notaries are sworn by oath and bound by law to exercise due diligence in the services that they provide, identify potential infringements of the weaker party’s rights that are guaranteed by the law. It is a notary’s duty not only to identify the risks associated with certain services and the consequences of not addressing those risks, but also to recommend an approach in order to address risks that he/she has detected. These guidelines are intended as a practical assistance document that notaries can use to strengthen gender equality in the services that they provide. It offers quick and easy steps, and checklists to help notaries exercise due diligence in the services they provide under the law, by identifying and protecting the rights of all women and daughters with a legal interest in the service. It also provides additional information for notaries wishing to enhance their knowledge and understanding of the gender implications of the services they provide, and tips on how to engage in advocacy. The guidelines are without prejudice to notaries’ legal duties according to the national laws in force.
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    Document
    Asia and the Pacific Regional High Level Consultation on Gender, Food Security and Nutrition: Ensuring the Other Half Equal Opportunities. Bangkok, Thailand, 24- 26 July 2013
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    2013
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    The Asia and the Pacific Regional High Level Consultation on Gender, Food Security and Nutrition co-organized by ADB, FAO, and WOCAN was convened to advance ongoing efforts to promote gender equality as an effective strategy to achieve food security and nutrition in the Asia-Pacific region. It was the first regional high-level consultation focusing on the linkages between gender, food security and nutrition issues. The consultation was an opportunity to raise awareness on the gender dimensions o f food and nutrition insecurity and their implications for rural poverty, agricultural productivity and national development in Asia and the Pacific. The ADB and FAO publication ‘Gender Equality and Food Security – Women’s Empowerment as a Tool Against Hunger’, authored by Prof. Olivier de Schutter, the UN Special Rapporteur on the Right to Food was launched on the first day of the event, and served to anchor the discussions around the pressing challenges of gender discrimination in the Asia-Pac ific region that are serious impediments to achieving food security and nutrition. The consultation was attended by key stakeholders, including leading representatives of the Member countries, non-governmental organizations (NGOs)/civil society organizations (CSOs), and women leaders of rural communities/institutions from seventeen countries around the Asia-Pacific region. The event was designed to facilitate a multi-stakeholder dialogue on strategic efforts to enhance gender responsive food and nutrition security interventions between the latter, United Nations and other development organizations, research institutions and the private sector. The event ensured a highly engaged exchange on good practices and lessons learned in this regard, and led to agreements on follow-up measures that would advance gender equity and women’s empowerment. There was general agreement on four critical approaches that would contribute to the overall goals of gender-responsive food and nutrition security outcomes: i) the importance of relying on human-rights based approaches; ii) the advantages of working in collaboration across the region through partnerships; iii) the crucial role of inclusivity of rural women, including indigenous women and marginalized and vulnerable groups through their organizations and networks in the design, development and implementation of gender equality and rural development programs and strategies; and iv) the importance of male involvement in gender transformative process to ensure the sustainability of future action in this regard. The participants identified and agreed to undertake follow-up actions in their respective countries to close the gender gap in agriculture and empower women so they could fully contribute to improve food and nutrition security in the region along key actions identified in the United Nations General Assembly Resolution 66-129, on the Improvement of the Situation of Women in Rural Areas.

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