UDHR, a document signed by representatives from all regions of the world, provides the
fundamental human rights that everyone must enjoy. The Declaration was proclaimed by the
United Nations General Assembly in Paris on 10 December 1948 (un.org).
Article 8 of UDHR states that “Everyone has the right to an effective remedy by the competent
national tribunals for acts violating the fundamental rights granted him by the constitution or by
law” (un.org). Given this provision, it should be ensured that all human rights victims of business
operations shall receive an appropriate and effective remedy to rectify the human rights abuses
that they experience.
Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)
Article 14 of CEDAW (www.un.org/womenwatch/daw/cedaw) which pertains particularly to rural
women, provides :
“State Parties shall take all appropriate measures to eliminate discrimination against women
in rural areas in order to ensure, on a basis of equality of men and women, that they
participate in and benefit from rural development.” It further states women’s rights, some of
which are as follows:
• “To have access to adequate health care facilities, including information, counselling and
services in family planning;
• To benefit directly from social security programmes;
• To obtain all types of training and education, formal and non-formal, including that
relating to functional literacy, as well as, inter alia, the benefit of all community and
extension services, in order to increase their technical proficiency;
• To have access to agricultural credit and loans, marketing facilities, appropriate
technology and equal treatment in land and agrarian reform as well as in land
resettlement schemes;
• To enjoy adequate living conditions, particularly in relation to housing, sanitation,
electricity and water supply, transport and communications.”
In addition to Art. 14 of CEDAW, General Recommendation No. 34 on the rights of rural women
(CEDAW/C/GC/34) states specific propositions on how State Parties can protect the rights of rural
women. Some of the recommendations to State Parties are as follows:
• “Ensure that legal frameworks are non-discriminatory and guarantee access to justice to
rural women.
• Address specific threats posed to rural women by climate change, natural disasters, land
and soil degradation, water pollution, droughts, floods, desertification, pesticides and
agro-chemicals, extractive industries, monocultures, bio-piracy, and loss of biodiversity,
particularly agro-biodiversity. They should alleviate and mitigate these threats and ensure
that rural women enjoy a safe, clean and healthy environment.
• Uphold extraterritorial obligations with respect to rural women, inter alia, by: not
interfering, directly or indirectly, with the enjoyment of their rights; taking regulatory
measures to prevent any actor under their jurisdiction, including private individuals,
companies and public entities, from infringing or abusing the rights of rural women
outside their territory; and, ensuring that international cooperation and development
assistance, whether bilateral or multilateral, advance the rights of rural women outside
their territory. Appropriate and effective remedies should be available to affected rural
women when a State party has violated its extraterritorial obligations.
• Eliminate all forms of discrimination against disadvantaged and marginalized groups of
rural women. For example, State parties should ensure that disadvantaged and
marginalized groups of rural women including indigenous; afro-descendent; ethnic and
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