Driver Category 2.2
Harmful social and cultural norms that result in some individuals or groups having less access to legal rights and legal security
This category cover norms which result in unequal access to: legal rights, such as land, property and inheritance rights for women; and legal security that can result from lack of confidence in reporting (eg racist and homophobic acts).
It would also cover aspects related to informal, quasi-legal systems where decisions taken result in violations of human rights.
Guiding Questions
Legal security and discriminatory gender norms
- What is the nature of women’s land ownership in your country?
- Compared to men how many women have certified land rights?
- Are women able to inherit land from their husbands (and from their parent/s in equal shares relative to their brothers when a parent dies)?
- Do women lose rights to land when they change marital status?
- What social and cultural norms exist in relation to women’s ownership and control of land?
- Is the implementation of existing laws related to land, divorce and inheritance affected by any social norms in particular?
- Do women enjoy equal parental rights with their husbands, including retaining parental rights when their husband dies?
- What is the status of parental rights on divorce and how do existing social norms affect child custody cases?
- Are many marriages not officially registered, particularly religious and customary marriages?
- Is there any evidence that women in unregistered marriages are exposed to a greater risk of abuse, due to their unclear legal status and rights?
- Is forced marriage or child marriage a significant problem in your country?
- Is forced and child marriage illegal?
- What steps is the government taking to enforce the law, prevent forced/child marriage and change social norms in this area?
Legal security and racial and religious discrimination
- Is legal advice and assistance provided promptly to different groups at all the stages of the criminal process (including during police detention and questioning and pre-trial proceedings and hearings, as well as after trial to those imprisoned)?
- Is legal aid equally effectively provided to different groups?
- Is analysis available of the different outcomes and experiences of the criminal justice and civil law system for different groups?
- Is there evidence of racist and discriminatory attitudes by religion on the part of police officers and others working within the justice system which affect individuals access to legal rights and legal security?
Legal security: lesbian, gay, bisexual, trans and intersex (LGBTI) community
- What is the nature of the legal framework and social attitudes towards LGBTI people in your country?
- Is the need for protection against discrimination based on sexual orientation enshrined in law and well accepted?
- Are consensual same-sex relationships criminalised?
- If so, is there an active movement for reform of these laws and what barriers is it facing?
- Is there a higher age of consent for same sex relations in comparison to opposite sex relations?
- Is support for the LGBTI community criminalised in any way?
- Does the government send strong and consistent public messages that discrimination motivated by prejudice and intolerance against the LGBTI community will not be tolerated?
- Is there specific legal recognition for transgender and intersex persons that ensures protection from abuse and discrimination, and facilitates their access to health, education and other social services?
Indicators
Potential indicators to monitor the drivers of inequalities in this main driver category
- Number of cases where accused individuals litigate in person (by characteristics and whether civil, criminal or family matters)
- Share of divorces filed by women
- % of total value of land and property owned by women
- % of marriages no officially registered
- Number of prosecutions for same-sex relationships
Candidate Policies
To see related Candidate Policies in this main driver category please click here.