Book Description
This legal paper first considers the obligations of states in relation to gender equality and the adoption of temporary special measures, and the work of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) Committee in clarifying and expanding the concept of temporary special measures. In particular, it shows how the General Recommendations of the Committee have established a clear link between temporary special measures and the achievement of gender equality in the ownership and control of natural resources. It explores a range of national approaches to the use of temporary special measures in legislation, from constitutional recognition, the adoption of framework laws on gender equality and non-discrimination, to their integration into sectoral legislation applicable to land, forests and fisheries. The section highlights some of the measures that countries have adopted to show how their inclusion into sectoral legislation can effectively target de facto inequalities in tenure rights over some key economic resources. It discusses state compliance with CEDAW’s Articles 3 and 4 and shows that generally, countries should make more systematic use of this tool to bridge the gender gap in land, forest and fisheries tenure. Finally, it considers the role of development partners in supporting the adoption of temporary special measures, including through data collection.
