Governance and legislative frameworks

The session aims to:

• Raise awareness on the impact that governance and legislative frameworks have to deliver the inclusion and equality of outcomes objectives of the New Urban Agenda and the Sustainable Development Goals amongst stakeholders and constituencies, including the general public.
• Improve collective knowledge on how to review and reform governance and legislative frameworks through inclusive open debates and sharing lessons learned.

The way cities and human settlements are planned, designed, financed, governed and managed has an impact on inequalities and inclusion. In many countries, laws, institutions, and policies governing cities do not afford equal opportunity and protection to a large segment of the population, who are mostly poor, minorities, women, children, youths and other disadvantaged groups.

In some cases, laws and institutions impose barriers and biases against the poor and marginalized groups. Where laws exist protecting and upholding the rights of the poor and marginalized, institutions and processes can be too difficult and costly for them to access. The prevalence of corruption and abuse of power in many justice systems most greatly affects those who are poor and most vulnerable. Additionally, disadvantaged minorities are commonly poorly represented in political structures and decision-making bodies and consequently have little control over decisions that affect them.

Urban law has an important role to play in promoting inclusion and equality of outcome: it defines conditions for access to land, infrastructure, housing and basic services; lays out rules for planning and decision making; guides the improvement of livelihoods and living conditions by setting requirements for urban development initiatives; and, sets the context within which urban authorities, local governments and communities are expected to fulfil their mandate and react to emerging challenges.

The impact of legislation is important: it can guarantee the inclusion of the interests of vulnerable groups or accentuate inequalities and exclusion. To ensure equal opportunities and reduce inequalities of outcome it is therefore essential to review and assess the impact of existing laws, policies and practices and to promote appropriate legislation and policies (New Urban Agenda 89. and SDG 10.3).

Q1: Why is the impact on inclusion and equality of outcome not adequately considered when developing urban laws?

Q2: Why is the impact of legislation and urban plans on inclusion and equality of outcomes rarely assessed?

Q3: How can existing legal and institutional frameworks be improved and reformed?

Q4: What are the main barriers to review discriminatory laws, policies and practices and to promote appropriate legislation, policies and actions? How can these barriers be overcome?