A/HRC/31/51
of Child (CRC), food access and adequacy for adult women and teenage girls are addressed
only on behalf of pregnant and breastfeeding females . 15
16.
The second disconnect concerns the structural separation of nutrition from the
human right to adequate food, which has focused on increasing food production and not on
broad and equal food access. UN treaty law, whether ICESCR, CEDAW or the Rights of
Child (CRC), does not develop nutrition as constitutive of a right to food for all women, but
rather for women who are pregnant or breastfeeding, thus focusing on women in their
reproductive role as mothers. 16
17.
Women additionally face numerous legal barriers in domestic law, which prevents
them from fully realizing their right to food, including property rights, land rights and
intellectual property rights. These legal barriers also prevent women from maintaining
livelihoods that provide sustainable incomes necessary to purchase food, thus challenging
women’s right to food and ability to achieve food security.
18.
Rather than enabling women to secure stable livelihoods, both formal and customary
laws are often barriers to women’s economic independence. As noted by the FAO, “credit
markets are not gender-neutral”, and women may find themselves prohibited from entering
into contracts, opening bank accounts, or from entering into loan agreements. 17
19.
Legal barriers also prevent men and women from equally benefiting from paid
employment through the sanctioning of systems of overt discrimination against women in
the workplace. As of 2014, 77 countries, out of 140 countries with reported data, still had
legal restrictions on the type of paid employment activities available to women.18 Even
when equal employment opportunities are available, equal pay is not: only 59 countries
form the same sample of countries legally require equal pay for work of equal value. 19
20.
Finally, legal barriers may force women to choose between domestic responsibilities
and outside employment. As primary caretakers for children and households, women are
not always permitted to engage in paid employment, and family and personal laws may
prevent a woman from making employment decisions without her husband’s permission.
Meanwhile, some countries featured highly discriminatory family laws that gave husbands
authority over their wives in marriage including rights over property, and divorce filings.
Women also often struggle with maternity protection and child care as those carrying the
primary responsibility for domestic work.
A.
Property rights
1.
Land Rights
21.
One of the most substantial factors enabling women to thrive as food producers –
either for income support or subsistence – is women's ability to own and access land.
Unfortunately, the exclusion of women from land ownership is a global phenomenon. The
15
16
17
18
19
6
Ibid.
Ibid pp 58-108
Op Cit. FAO, The State of Food and Agriculture Women In Agriculture – Closing the Gender Gap for
Development”, Foreword, p. 33.
World Bank 2015c. “Women, Business and the Law Database.” Accessed January 2015. Washington,
DC: World Bank
World Bank 2015c. “Women, Business and the Law Database.” Accessed January 2015. Washington,
DC: World Bank.
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