A/HRC/16/40
to land, although they are given the right to till the land and erect a home on a piece of land
allocated to the household head.39
33.
Family law that restricts a married woman’s capacity to inherit equally, and
succession laws that restrict a women’s inheritance rights – mostly of a customary nature,
to be found today in much of Africa, some parts of Asia and in Latin America – are two
sets of laws and practices producing discriminatory effects in excluding women from
claiming land rights.40 Rural households continue to acquire land through inheritance laws
that emanate from customary legal regimes currently premised on reaffirming women’s
unequal access to and control over land. Because land is mediated through husbands,
fathers, brothers or sons, women’s land rights are negotiated within unequal power
relationships and are not assumed to be general entitlements. This underscores the
importance of legal and cultural reform to restore the balance of power relationships within
the family.
2.
Women and access to education, employment and health care
34.
The role of women in the economy has often been underestimated and their work in
agriculture has long been invisible. While policymakers have targeted population, health
and nutrition programmes on women in their reproductive roles, they have neglected
women as productive agents.41
35.
Rural women have the world’s lowest levels of schooling and the highest rates of
illiteracy in all developing regions; twice as many women suffer from malnutrition as men,
and girls are twice as likely to die from malnutrition as boys. Numerous studies underscore
the social costs of rural women’s lack of education and assets, linking them directly to high
rates of malnutrition, infant mortality and, in some countries, HIV/AIDS infection. There
are also high economic costs: wasted human capital and low labour productivity that stifle
rural development and progress in agriculture, and ultimately threaten food security.
Discrimination against women in the context of the right to adequate food is a culmination
of all other aspects of discrimination that stifle women’s rights to equality and
empowerment.
E.
Discrimination against children
36.
More than one third of child deaths worldwide are attributed to malnutrition.42 In
2008, 8.8 million children born across the world died before their fifth birthday. Most of
these children lived in developing countries and died from a disease or a combination of
diseases that could easily have been treated with the proper nutrition and health care.43 The
United Nations Children’s Fund rightly calls child malnutrition the silent emergency, since
39
40
41
42
43
See Tsehainesh Tekle, Women's Access to Land and Property Rights in Eritrea. Towards Good
Practice: Women's Land and Property Rights in Situations of Conflict and Reconstruction, 2002;
Abby Sebina-Zziwa, Richard Kibombo and Herbert Kamusiime, Patterns and Trends of Women's
Participation in Land Markets in Uganda (8th International Interdisciplinary Congress on Women,
Kampala, Uganda, Makerere Institute of Social Research, Makerere University, 2002); Laurel L.
Rose, “Women’s Strategies for Customary Land Access in Swaziland and Malawi: A Comparative
Study”, Africa Today, vol. 49, no.2 (Summer 2002), pp. 123-149.
FAO, Gender and Law: Women’s Rights in Agriculture, FAO Legislative Study, rev. 1, Rome 2002.
International Food Policy Research Institute, Women: The Key to Food Security (Washington, D.C.,
August 1995).
See WHO Fact File at www.who.int/features/factfiles/nutrition/facts/en/index.html.
See www.childinfo.org/mortality.html.
11
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