Women and Housing: Gender Makes a Difference

The purpose of this study is to examine how, and to what extent gender may have a negative impact on the realization of women’s right to adequate housing and to discuss ways and means to level this barrier. The right to housing is approached in a holistic manner, and the indivisibility, interdependence, and interrelatedness of all human rights is stressed.

Author(s):
Ingrid Westendorp
Series:
Human Rights Research Series
Volume:
23
book | published | 1st edition
June 2007 | xvi + 406 pp.

Paperback
€75.-


ISBN 9789050956697


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Details

The purpose of this study is to examine how, and to what extent gender may have a negative impact on the realization of women’s right to adequate housing and to discuss ways and means to level this barrier. The right to housing is approached in a holistic manner, and the indivisibility, interdependence, and interrelatedness of all human rights is stressed.
In the first part (Chapter II) an inventory is made of the development of international rules and regulations pertaining to the right to adequate housing since the Second World War. The contents, justiciability, and corollary State obligations are discussed. The focus is on housing as a human right in the framework of the United Nations.
The second part (Chapter III) discusses all kinds of factors that directly or indirectly affect the fulfilment of women’s housing rights. First, the causes of homelessness and inadequate housing are under scrutiny. Next, private law issues such as property rights, legal capacity of women, equality as regards marriage, and the law of inheritance are reviewed. Furthermore, human rights issues like political participation, the right to land, security of tenure, the right to employment, and the right to privacy are discussed. The last part of this chapter is dedicated to structural discrimination inherent in cultural patterns.
The third part (Chapter IV) goes into the adequacy of existing norms and procedures for women’s housing rights. First, the adequacy of the international law system is analysed as well as the principles of equality and non-discrimination. Next, the specific international housing norms are applied to women’s situations and conclusions are drawn as to their adequacy. Other subjects that are studied are legal ways and means to influence culture and gender stereotyping, and State responsibility for violations of women’s housing rights. The last part of the study is devoted to monitoring and analysis. The mandates and tools at the disposal of relevant UN treaty and Charter-based bodies are examined, and suggestions and recommendations are made for improving their standard-setting and monitoring work.

Chapters

Table of Contents (p. 0)

Chapter I. Introduction (p. 1)

Chapter II. Analysis of the Right to Adequate Housing (p. 5)

Chapter III. Relevant Gender Factors (p. 59)

Chapter IV. The Adequacy of Existing Norms and Procedures for Women's Housing Rights (p. 201)

Chapter V. Conclusions and Recommendations (p. 325)

Annex 1 CESCR General Comment No. 3 (p. 333)

Annex 2 CESCR General Comment No. 4 (p. 337)

Annex 3 CESCR General Comment No. 7 (p. 343)

Annex 4 CESCR General Comment No. 16 (p. 349)

Annex 5 CESCR Reporting Guidelines Pertaining to Article 11 (p. 359)

Samenvatting: Vrouwen en Huisvesting: Gender maakt verschil (p. 363)

Bibliography (p. 371)

Index (p. 393)

Curriculum Vitae (p. 401)

About the series:

Human Rights Research Series

The Human Rights Research Series traces the history and the development of the human rights movement. Through its distinctive interdisciplinary approach, the series provides a powerful insight into recent developments in the field of human rights - their promotion, implementation and monitoring. Anyone directly involved in the definition, study, implementation, monitoring, or enforcement of human rights will find this series an indispensable reference tool.

The world famous Netherlands Network for Human Rights Research (formerly School of Human Rights Research) is a joint effort by human rights researchers in the Netherlands. Its central research theme is the nature and meaning of international standards in the field of human rights, their application and promotion in the national legal order, their interplay with national standards, and the international supervision of such application.

Editorial Board of the Series: Prof. dr. J.E. Goldschmidt (Utrecht University), Prof. dr. D.A. Hellema (Utrecht University), Prof. dr. W.J.M. van Genugten (Tilburg University), Prof. dr. F. Coomans (Maastricht University), Prof. dr. P.A.M. Mevis (Erasmus University Rotterdam), Dr.J.-P. Loof (Leiden University) and Dr. O.M. Ribbelink (Asser Institute).

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