Housing
and VAW Consultation
New Delhi, India
October 28-31, 2003
Summary
of Key Points*
By Rea A. Chiongson, IWRAW Asia Pacific
1. We have
succeeded in identifying the many interlinkages between right
to adequate housing and VAW. They are connected in the sense that
a violation of one can be a cause and/or contributory factor for
the violation of the other. (e.g. eviction from home can lead
to women being subjected to street violence due to lack of safe
places to stay; domestic violence can lead to women being deprived
of housing) They impact over each other. Violation of women's
RAH and VAW have same effect and impact on women - deprivation,
disadvantage and discrimination of women. They are subject to
the same threats.
We have also
seen that a violation of RAH can be a form of VAW. E.g. threat
of or being ejected from the house is a violation of security
of tenure and at the same time a form of VAW. At the same time,
VAW can be a form of violation of RAH - e.g. use or threat of
sexual violence or rape in the house is a violation of RAH. Additionally,
evictions and its disproportionate impact on women is a form of
VAW and violation of RAH.
The identification
and our recognition of the interlinkages: (i) enables us to recognise
violations more clearly and to surface insidious or subtle violations
especially within a cultural environment of silence or e.g. law
does not reinstate women when evicted by an abusive spouse so
women in other abusive relationships have no option but to stay
put even when no direct threat of eviction was made to them by
their respective spouses; (ii) make us see more clearly the interconnectedness
of rights and the crosscutting nature of violations. (iii) Furthermore,
the interlinkage provided us a conceptual linkage and broadened
our legal base. All these open doors to joint interventions/actions
to fully address the violations.
2. The main
cause for violation of women's RAH and for her experience of violence
is her inferior status or subordinate role. Thus, it is important
to focus on the structural inequalities. Substantive equality
and the framework on gender discrimination help us recognise and
address structural and other forms of violations to RAH and VAW.
It is in this regard that we should ensure that our intervention
include enabling conditions for women.
3. The practice
of culture/religion is a right but at the same time its practice
may be a source of violations. Culture and religion are used as
justifications for discrimination against women (e.g. inheritance
rights, guardianship, status linked to marital or parental links).
It is of concern that the RAH element of cultural appropriateness
may strengthen the legitimacy of cultural practices. Thus, although
self-determination and the right to exercise culture are human
rights, they must be enjoyed within a framework of gender equality
and non-discrimination. Our interventions must be clear in condemning
cultural practices that discriminate against women.
4. We saw
segregation and disadvantage on account of hierarchy of identities.
This hierarchy may be based on status, race, caste, ethnicity,
nationality and other forms of identity. Hierarchy and the resulting
de jure or de facto classification of persons have prevented access
and enjoyment to RAH and protection from VAW. (e.g. de jure classification:
refugees; de facto classification: nomadic tribes, dalit women).
In this regard,
interventions must provide visibility to the woman. There must
be a recognition of a separate identity for the woman, (e.g. most
interventions fail to look at women within disadvantage groups
thus it fails to see the specific impact on her of violations
to RAH). Any intervention must also recognise the many power relations
that impact on women (e,g, gender, class, caste, economic status)
by applying an intersectional approach to discrimination. Intersectionality
provides us an opportunity for more relevant and comprehensive
interventions and for consolidated action among groups working
on the various identities.
6. On the
element of security, what was highlighted in the testimonies was
that it must include inside and outside of the house. It must
include physical, mental, psychosocial and spiritual security.
Furthermore, the concept must be based on a life-cycle approach
- from fetus till death.
We have particularly
noted the predominant use of sexual violence as a tool for oppressing,
controlling and silencing women, e.g. marital rape, rape in refugee
camps and relocation sites. It is in this discussion on security
that we have drawn upon the need to look into both the public
and private sphere when identifying violations of women's RAH.
There were
also discussions on the targeting of the home and the fact that
women who are seen as guardians/symbols of the home as well as
being the most visible occupant of the house are also therefore
specifically targeted and impacted upon.
7. A caveat
on the point stated above is that the concept of women as guardian
and symbols of the home can restrict women's mobility. It reinforces
stereotypes and imposes burdens on women to stay at home and to
keep the home and family intact. Elements of the right to adequate
housing must be consistent and respectful of women's autonomy
and agency. A de-linking of women from the concept of home is
important. Of particular relevance is the element of privacy and
how this should not be used to make the home a prison for women.
8. On the
element of privacy, the monitoring framework asserts that privacy
rights are not invocable in case of domestic violence. However,
in addition to this guarantee, we need to broaden areas of invocability
to include other forms of VAW, especially insidious and subtle
violations.
9. Violations
of RAH and VAW impose additional tasks on women who are already
subject to multiple burdens. For example, we had examples of women
as coping mechanisms in cases where there were violations of RAH.
(e.g. As women are seen as keepers of the home, despite evictions
and bad relocation sites, they are expected to ensure that house
needs are met and that the home environment is happy. A related
example, in South Korean example of making husbands smile campaign
in times of unemployment while not according the same concern
to women.)
10. We saw
the values attached to housing and land so that their tenure or
grant is a source of security and empowerment while their deprivation
is a source of vulnerability. (e.g. deprivation leading to migration
for work and may lead to exploitation; lack of housing options
lead to remaining in abusive relationships).
11. There
is a need to apply relevant elements of RAH to apply also to temporary
housing, e.g. refugee camps, women's shelters, detention centers
for women.
12. On Impunity.
Despite international and national standards/laws, perpetrators
have not been brought to justice. Impunity at national and international
levels, that is failure to make them accountable, have led to
a climate of fear and more impunity. There is a need for us to
monitor women's RAH and VAW and reporting violations and advocate
for the strengthening of the rule of law and improving access
to effective remedies.
*Advance
Unedited Copy - Not to be cited or distributed
