A/HRC/40/61 indigenous peoples to development and culture and to remain on their traditional territories.70 The Inter-American Court of Human Rights has affirmed that the distinctive relationship with land, property and housing among indigenous peoples must be incorporated into the interpretation and application of the right to property under the American Convention on Human Rights and has developed extensive jurisprudence on the rights of indigenous peoples. 71 In the recent case of Kaliña and Lokono Peoples v. Suriname, the Court found that the laws of Suriname failed to provide legal remedies for the protection of the collective land rights of indigenous peoples, depriving the Kaliña and Lokono peoples of land and access to a river that was essential to both their cultural life and their survival. 72 The Court ordered the adoption of legislative and other measures to recognize the rights of all indigenous and tribal peoples subject to State jurisdiction. 49. Women experience multiple systemic barriers to access to justice. As noted by the Committee on the Elimination of Discrimination against Women, obstacles include “gender stereotyping, discriminatory laws, intersecting or compounded discrimination, procedural and evidentiary requirements and practices, and a failure to systematically ensure that judicial mechanisms are physically, economically, socially and culturally accessible to all women”.73 Access to justice for the right to housing for women – as described in thematic reports of previous mandate holders – means women must be able to challenge systemic discrimination with respect to land, housing and property74 in a range of areas, including inheritance, marriage, divorce, succession and title registration. 50. Where access to justice in housing and land relies on customary laws and traditional practices, women must have recourse to formal justice systems to challenge systemic discrimination.75 On the other hand, when customary ownership and tenure arrangements are replaced by formal title, property rights, financing and new tenure arrangements, women also face systemic discrimination within formal justice systems. Women are often denied equal access to title, rental agreements or credit to finance housing. 76 Concerted efforts are required to provide spaces and support for women to make substantive equality claims in all areas related to housing and through which women-led transformative remedies can be designed and implemented. Support should be provided for legal empowerment strategies and community-based human rights education for women. 77 51. Access to justice for persons with disabilities requires States to take positive measures in accordance with article 13 of the Convention on the Rights of Persons with Disabilities to ensure effective participation in all stages of legal processes. Justice systems must recognize both the barriers faced in developing and taking forward disability-related claims and the distinctive nature of the right to housing claims advanced. Adjudication of such claims must operate within the “disability human rights paradigm” affirmed in the Convention and described in the Special Rapporteur’s report on the right to housing of 70 71 72 73 74 75 76 77 14 African Court on Human and Peoples’ Rights, African Commission on Human and Peoples’ Rights v. Republic of Kenya (application No. 006/2012), Judgment of 26 May 2017, para. 126. For a summary, see Inter-American Court of Human Rights, Kaliña and Lokono Peoples v. Suriname, Judgment of 25 November 2015, paras. 129–132. Ibid., paras. 152–160. General Recommendation No. 33 (2015) on women’s access to justice, para. 3; see also Committee on Economic, Social and Cultural Rights, general comment No. 16 (2005) on the equal right of men and women to the enjoyment of all economic, social and cultural rights, paras. 21 and 38. See E/CN.4/2006/118 and A/HRC/19/53. See International Network for Economic, Social and Cultural Rights Women and ESCR Working Group, “Mapping study on women’s rights related to land, housing and natural resources”, July 2016. Ben Cousins and Espen Sjaastad, “Formalisation of land rights in the South: an overview” in Land Use Policy, vol. 26, No. 1 (January 2009). United Nations Entity for Gender Equality and the Empowerment of Women (UN-Women) and others, A Practitioners’ Toolkit on Women’s Access to Justice Programming: Introduction (United Nations, 2018). See, for example, the mobile courts initiative in the Democratic Republic of the Congo, available at http://www.southernafricalitigationcentre.org/wp-content/uploads/2017/08/CaseStudy-DRC-Mobile-Gender-Courts.pdf; and the women’s initiative in Bangladesh, available at www.angoc.org/wp-content/uploads/2016/01/Women-issue-brief1.pdf .