A/HRC/25/54
should be supported. For instance, on Erromango Island, Vanuatu, women have challenged
custom and successfully claimed land rights in the absence of male heirs.83
64.
States should take measures to protect the tenure security and promote inheritance
rights of women and girls in the case of the death of a spouse, father, brother, son or other
male household member so that they are able to continue residing in the family home.
States should also take measures to address the vulnerability of women and children to
tenure insecurity due to a breakdown of spousal relations, including as a result of domestic
violence.84 Women and children’s security of tenure should be prioritized in these
circumstances. Many legal systems authorize the victim of domestic violence to stay in the
family home, and order the removal of the perpetrator. For example, in Serbia, the Family
Law authorizes the courts to issue an order for the removal of the perpetrator of domestic
violence from the family home, allowing the victim to remain in the home, regardless of
ownership (art. 198 (2)). When remaining in the family home is not feasible, States should
ensure victims have access to alternative adequate housing with secure tenure.
65.
In humanitarian settings, women and children are particularly vulnerable to tenure
insecurity, homelessness and other human rights violations. States should prioritize safe
emergency shelter to women and children until durable housing solutions are established.
States should ensure that women are able to access humanitarian assistance and exercise
their right to return, restitution and resettlement regardless of their family status or whether
their name is recorded on tenure documentation.
H.
Respecting security of tenure in business activities
66.
Tenure security of the urban poor is affected by the activities of a diverse range of
business actors, including property developers, construction companies, speculators, realestate agencies, landlords, mega-event organizers and banks. While States must protect all
individuals against violations of human rights, business enterprises also have human rights
responsibilities.85 The responsibility to respect the right to adequate housing requires that
business enterprises avoid causing or contributing to infringements of the right, and address
adverse impacts when they occur. It requires that business enterprises seek to prevent
adverse impacts on, inter alia, security of tenure that are directly linked to their operations,
products or services by their business relationships, even if they have not contributed to
those impacts.86
67.
As part of their human rights due diligence, business enterprises should regularly
assess the potential and actual impacts on tenure security of their activities and those
directly linked to their operations, products and services, paying special attention to
vulnerable people, including the urban poor. Business enterprises should engage
independent experts on security of tenure in relevant countries or contexts, and
meaningfully consult with potentially affected groups and other relevant stakeholders.
83
84
85
86
20
UN-Women and OHCHR, Realizing women’s rights to land and other productive resources (New
York and Geneva, 2013), p. 33. Available from
www.unwomen.org/~/media/Headquarters/Attachments/Sections/Library/
Publications/2013/11/OHCHR-UNWomen-land-rights-handbook-WEB%20pdf.pdf.
Committee on the Elimination of Discrimination against Women, communication No. 2/2003, A.T. v.
Hungary, Views adopted on 26 January 2005.
Guiding Principles on Business and Human Rights: Implementing the Unites Nations “Protect,
Respect and Remedy” Framework.
Ibid., para. 13 (a) and (b).