Land law is the form of law that deals with the rights to use, alienate, or exclude others from land. In many jurisdictions, these kinds of property are referred to as real estate or real property, as distinct from personal property. Land use agreements, including renting, are an important intersection of property and contract law. Encumbrance on the land rights of one, such as an easement, may constitute the land rights of another. Mineral rights and water rights are closely linked, and often interrelated concepts.
Land rights are such a basic form of law that they develop even where there is no state to enforce them; for example, the claim clubs of the American West were institutions that arose organically to enforce the system of rules appurtenant to mining. Squatting , the occupation of land without ownership, is a globally ubiquitous phenomenon. Indigenous land rights is also a perennial related issue.
Sovereignty, in common law jurisdictions, is often referred to as absolute title, radical title, or allodial title. Nearly all of these jurisdictions have a system of land registration, to record fee simple interests, and a land claim process to resolve disputes.
Indigenous land rights are recognized by international law, as well as the national legal systems of common law and civil law countries. In common law jurisdictions, the land rights of indigenous peoples are referred to as aboriginal title. In customary law jurisdictions, customary land is the predominant form of land ownership.
Land reform refers to government policies that take and/or redistribute land, such as a land grant.
Land rights refer to the inalienable ability of individuals to freely obtain, use, and possess land at their discretion, as long as their activities on the land do not impede on other individuals' rights. [1] This is not to be confused with access to land, which allows individuals the use of land in an economic sense (i.e. farming). Instead, land rights address the ownership of land which provides security and increases human capabilities. When a person only has access to land, they are in constant threat of expulsion depending on the choices of the land owner, which limits financial stability. [1]
Land rights are an integral part of Land Laws, as they socially enforce groups of individuals' rights to own land in concurrence with the land laws of a nation. Land Law addresses the legal mandates set forth by a country in regards to land ownership, while land rights refer to the social acceptance of land ownership. Landesa takes the stance that although the law may advocate for equal access to land, land rights in certain countries and cultures may hinder a group's right to actually own land. [2] Laws are important, but they must be backed up by cultural tradition and social acceptance. Therefore, laws concerning land ownership and land rights of a country must be in agreement.
Globally, there has been an increased focus on land rights, as they are so pertinent to various aspects of development. According to Wickeri and Kalhan, land ownership can be a critical source of capital, financial security, food, water, shelter, and resources. [3] The UN Global Land Tool organisation has found that rural landlessness is a strong predictor of poverty and hunger, [4] and negatively impacts Empowerment and the realisation of Human rights. [5] In order to home in on this critical problem of inadequate land rights, The Millennium Development Goal 7D strives to improve the lives of 100 million slum dwellers. [6] This includes increased land rights for impoverished people, which will ultimately lead to a higher quality of life. [3]
Although land rights are fundamental in achieving higher standards of living, certain groups of individuals are consistently left out of land ownership provisions. The law may provide access to land, however, cultural barriers and poverty traps limit minority groups' ability to own land. [7] In order to reach equality, these groups must obtain adequate land rights that are both socially and legally recognised.
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Several scholars argue that women's lack of sufficient land rights negatively affects their immediate families and the larger community, as well. [7] [8] [9] With land ownership, women can develop an income and allocate this income more fairly within the household. [10] [11] Tim Hanstad claims that providing sufficient land rights for women is beneficial because, once women can exercise those rights the following will be promoted: [12]
In many parts of the world, women have access to land in order to farm and cultivate the land; however, there are traditions and cultural norms which bar women from inheriting or purchasing land. [7] [11] This puts women in a place of dependence on their husbands, brothers, or fathers for their livelihood and shelter. [9] Should there be an illness, domestic violence, or death in the family, women would be left landless and unable to either grow crops for food, or rent land for profit. Land ownership for women is a crucial form of security and income, increasing Empowerment and decreasing Poverty.
Kanakalatha Mukund makes the important point that although women in India have the legal right to own land, very few actually do as a result of the patriarchal practices which dominate the nation. [13] Up until recently, Indian women have been left out of laws regarding the distribution of public land and were forced to rely on the small possibility of obtaining private land from their families. [9] Inheritance laws which cater towards men are one of the key issues behind inequality in land rights. According to Bina Agarwal, land ownership defines social status and political power in the household and in the village, shaping relationships and creating family dynamics. [9] Therefore, inheritance of land automatically puts men above women both in the household, and in the community. Without political pull in the village, and with limited bargaining powers within the household, women lack the voice to advocate for their own rights. [9]
Another issue with land rights in India is that they leave women completely dependent on the lives of their husbands. A study by Bina Agarwal found that in West Bengal, prosperous families turn destitute when the male head of the household dies, as women are not permitted to take over their husband's land. [9] Also, due to cultural tradition, the higher the status of the woman, the less likely she is to have any developed skills that would be useful in finding work. [9] These women are forced to beg for food and shelter once their husbands die because they have not been allowed to gain work experience. [9]
Bina Agarwal argues that land ownership significantly decreases the chance of domestic violence against Indian women. [10] Owning property elevates women to a higher status within the household, allowing more equality and bargaining power. In addition, owning property separately from their husbands allowed women an opportunity of escape from abusive relationships. [10] Agarwal concluded that the prospect of a safe shelter outside of the main household decreases the longevity of domestic violence. [10]
Land rights are critical for women in India due to the heavily patriarchal society in which they live. Cultural perspectives play a key role in the acceptance of equality within land ownership. Women owning land ultimately benefits the household and society as a whole. [8]
The most recent advance towards equality in land rights in India was the Hindu Succession Act of 2005. This act aimed to remove the gender discrimination which was present in the Hindu Succession Act, 1956. In the new amendment, daughters and sons have equal rights to obtain land from their parents. [14] This act was both a legally and socially important move for women's rights to land. Not only did it legally mandate equality in land succession, it also validated women's roles as equals in society.
Uganda's 1995 Constitution enforces equality between men and women, including the acquisition and ownership of land. [15] However, research from Women's Land Link Africa reveals that women remain excluded from land ownership due to customs and deeply ingrained cultural habits. [16] Even when women save up enough money to purchase land, the land is signed in their husband's name, while women sign as the witness. [16] Inheritance practices are a particular obstacle which reduces women empowerment, as well. Land is passed down through male lineage which reinforces women's exclusion from land ownership. [17] Another detriment to equality, pointed out by Women's Land Link Africa, is that women lack sufficient knowledge about the rights they have under the law to own land. [16] Rural, illiterate women do not even have access to the new constitution which guarantees them land rights.
Although the 1995 Constitution provides for equality between men and women, there are still gaps in the law which affect women's rights to land. The law protects the rights to land of wives in marriage; however, it does not address the needs of widows or divorcees. [17] Consequentially, these women are left landless and without the protection land offers. Also, women have a difficult time taking cases to court due to corruption and expensive trials. [16] The trials concerning land take so long to process that many women do not even attempt to seek legal assistance.
Women's Land Link Africa provides suggestions to alleviate inequality in land ownership. Rural women can be educated about their rights through radio campaigns, community discussions, educational outreach programs, and public forums. [16] The cultural nuances must be addressed in policies and community leaders can be educated about inclusion of minority groups. [16] Also, the law itself can address the rights of widows and divorcees in addition to the rights of married women. [16]
Women's rights are the rights and entitlements claimed for women and girls worldwide. They formed the basis for the women's rights movement in the 19th century and the feminist movements during the 20th and 21st centuries. In some countries, these rights are institutionalized or supported by law, local custom, and behavior, whereas in others, they are ignored and suppressed. They differ from broader notions of human rights through claims of an inherent historical and traditional bias against the exercise of rights by women and girls, in favor of men and boys.
In common law systems, land tenure, from the French verb "tenir" means "to hold", is the legal regime in which land "owned" by an individual is possessed by someone else who is said to "hold" the land, based on an agreement between both individuals. It determines who can use land, for how long and under what conditions. Tenure may be based both on official laws and policies, and on informal local customs. In other words, land tenure implies a system according to which land is held by an individual or the actual tiller of the land but this person does not have legal ownership. It determines the holder's rights and responsibilities in connection with their holding. The sovereign monarch, known in England as the Crown, held land in its own right. All land holders are either its tenants or sub-tenants. Tenure signifies a legal relationship between tenant and lord, arranging the duties and rights of tenant and lord in relationship to the land. Over history, many different forms of land tenure, i.e., ways of holding land, have been established.
Coverture was a legal doctrine in English common law originating from the French word couverture, meaning "covering," in which a married woman's legal existence was considered to be merged with that of her husband. Upon marriage, she had no independent legal existence of her own, in keeping with society's expectation that her husband was to provide for and protect her. Under coverture a woman became a feme covert, whose legal rights and obligations were mostly subsumed by those of her husband. An unmarried woman, or feme sole, retained the right to own property and make contracts in her own name.
Human rights in Uganda have trended for the past decades towards increasing harassment of the opposition, cracking down on NGOs which work on election and term limits, corruption, land rights, environmental issues, womens, children and gay rights. In 2012, the Relief Web sponsored Humanitarian Profile – 2012 said Uganda made considerable developments Since at least 2013 the Freedom in the World report by Freedom House has identified Uganda as a country considered to be "Not Free".There are several areas of concern when it comes to human rights in Uganda, and the "Not Free" classification is due to both low political rights and civil liberties rankings.
In the early 1960s, an interest in women and their connection with the environment was sparked largely by Ester Boserup's book Woman's Role in Economic Development. Starting in the 1980s, policy makers and governments became more mindful of the connection between the environment and gender issues. Changes regarding natural resource and environmental management were made with the specific role of women in mind. According to the World Bank in 1991, "Women play an essential role in the management of natural resources, including soil, water, forests and energy...and often have a profound traditional and contemporary knowledge of the natural world around them". Whereas women were previously neglected or ignored, there was increasing attention to the impact of women on the natural environment and, in return, the effects the environment has on the health and well-being of women. The gender-environment relations have ramifications in regard to the understanding of nature between men and women, the management and distribution of resources and responsibilities, and the day-to-day life and well-being of people.
Feminism in India is a set of movements aimed at defining, establishing, and defending equal political, economic, and social rights and opportunities for women in India. It is the pursuit of women's rights within the society of India. Like their feminist counterparts all over the world, feminists in India seek gender equality: the right to work for equality in wages, the right to equal access to health and education, and equal political rights. Indian feminists also have fought against culture-specific issues within India's patriarchal society, such as inheritance laws.
Bina Agarwal is an Indian development economist and Professor of Development Economics and Environment at the Global Development Institute at The University of Manchester. She has written extensively on land, livelihoods and property rights; environment and development; the political economy of gender; poverty and inequality; legal change; and agriculture and technological transformation.
Janadesh is the name of a national campaign on land rights in India launched by the movement Ekta Parishad. The word "Janadesh" means "The Decree of the People" in Hindi. The campaign was launched in 2005 and culminated in 2007, in the form of a 350 km foot march involving 25,000 people. According to the organizers, the majority of the marchers were landless Adivasi and Dalit.
The status of women in Nepal has varied throughout history. In the early 1990s, like in some other Asian countries, women in Nepal were generally subordinate to men in virtually every aspect of life. Historically, Nepal has been a predominantly patriarchal society where women are generally subordinate to men. Men were considered to be the leader of the family and superior to women. Also, social norms and values were biased in favor of men. This strong bias in favor of sons in society meant that daughters were discriminated against from birth and did not have equal opportunities to achieve all aspects of development. Daughters were deprived of many privileges, including rights, education, healthcare, parental property rights, social status, last rites of dead parents, and were thought to be other's property and liabilities. In the past century, there has been a dramatic positive change in the role and status of women in Nepal, reducing gender inequality. While the 1990 Constitution guaranteed fundamental rights to all citizens without discrimination on the basis of ethnicity, caste, religion, or sex, the modernization of society, along with increased education of the general population, have also played an important role in promoting gender equality. The roles of women have changed in various ways in the modern Nepalese society.
Women in Uganda have substantial economic and social responsibilities throughout Uganda's many traditional societies. Ugandan women come from a range of economic and educational backgrounds. Despite economic and social progress throughout the country, domestic violence and sexual assault remain prevalent issues in Uganda. Illiteracy is directly correlated to increased level of domestic violence. This is mainly because household members can not make proper decisions that directly affect their future plans. Government reports suggest rising levels of domestic violence toward women that are directly attributable to poverty.
Women in Yemen suffer from gender-based discrimination due to the highly patriarchal character of Yemeni society. Although the government of Yemen has made efforts to improve the rights of women, many cultural and religious norms stand in the way of equal rights for women. Poor enforcement of the legislation by the Yemeni government exacerbates the problem.
Women's property rights are property and inheritance rights enjoyed by women as a category within a society.
Intra-household bargaining refers to negotiations that occur between members of a household in order to arrive at decisions regarding the household unit, like whether to spend or save or whether to study or work.
East Timor is a multiparty parliamentary republic with a population of approximately 1.1 million, sharing the island of Timor with Indonesia's East Nusa Tenggara province. During the 24 years of Indonesian occupation and after the 1999 independence referendum, pro Indonesian militias committed many human rights violations. The country gained independence in 2002, and free and fair elections were held in 2007. The United Nations Integrated Mission in East Timor (UNMIT) and the International Stabilization Force remain in the country while it develops its own security forces, the National Police (PNTL) and Defence Forces (F-FDTL).
Chinese property law has existed in various forms for centuries. After the Chinese Communist Revolution in 1949, most land is owned by collectivities or by the state; the Property Law of the People's Republic of China passed in 2007 codified property rights.
Landesa Rural Development Institute is a nonprofit organization that works with governments and local organizations to obtain legal land rights for poor families. Since 1967, Landesa has helped more than 180 million poor families in 50 countries gain legal control over their land.
Gender inequality both leads to and is a result of food insecurity. According to estimates, women and girls make up 60% of the world's chronically hungry and little progress has been made in ensuring the equal right to food for women enshrined in the Convention on the Elimination of All Forms of Discrimination Against Women. Women face discrimination both in education and employment opportunities and within the household, where their bargaining power is lower. On the other hand, gender equality is described as instrumental to ending malnutrition and hunger. Women tend to be responsible for food preparation and childcare within the family and are more likely to be spent their income on food and their children's needs. The gendered aspects of food security are visible along the four pillars of food security: availability, access, utilization and stability, as defined by the Food and Agriculture Organization.
India has an economy bound to its historical agricultural tradition. In the North, the Indus valley and Brahmaputra region are critical agricultural areas with water supplied by the Ganges and monsoon season. Agriculture is a way of life for the majority of India's population; based on 2011 World Bank data, only 17.5% of India's gross domestic product (GDP) is accounted for by agricultural production. Women are an important but often overlooked population involved in India's agricultural production—they represent the majority of the agricultural labor force in India. Women's participation in the agrarian labor force plays out in various ways, impacting their economic independence, their decision-making abilities, their agency and access to education and health services. Many women in farming communities suffer poverty and marginalization, and issues of gender inequality.
Gender equality issues are becoming of increasing importance internationally, and in order to bridge gaps in the equality of men versus women, a thorough understanding of differing culture, gender norms, and the legal framework of a country is necessary to give policy suggestions that will decrease the discrimination women everywhere face. Tonga, a Pacific island kingdom, has low gender equality as measured by the Gender Inequality Index (GII).
Since their independence in 1991 from the Soviet Union, and suffering through a civil war that lasted from 1992 to 1997, Tajikistan has had a difficult time recovering economically and structurally. This economic strain has affected the family dynamic. It is now common for the men to work abroad in Russia, leaving the women to manage the land and children. Up to 74% of the population live in rural areas and rely heavily on agriculture. These women take on the duties of their husbands and or family members, along with their responsibilities as caretakersf. In some cases the men do not return to their homes and or ask for a divorce, leaving their wife and children in a vulnerable position. Tajikistan's culture is deeply patriarchal, with women not attaining the same rights as men. Domestic violence has been a prevalent issue in Tajikistan. Lack of education, resources, cultural norms, and government enforcement, have been factors in women not reporting these crimes. Another issue is the landscape of Tajikistan: 93% of the region is mountainous. The poor infrastructure and isolated villages is a contribution in the difficulty of changing the ideas surrounding genders. The Tajikistan government, with help through partnerships with organizations like the United Nations and other Non Governmental Organizations have drafted several resolutions throughout the years to ameliorate these issues within their society. However, this issue still needs to be researched more deeply.
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