Mapping and framing security of tenure 2013, para. 68
Paragraph- Paragraph text
- At a more fundamental level, the above issues may require a paradigm shift away from correlating security of tenure with a property rights regime and towards the grounding of security of tenure solidly in the human rights framework. Related to this is the need to protect the right to adequate housing when it comes into conflict with the right to property. For instance, in the case of Modder East Squatters and Another v. Modderklip Boerdery (Pty) Ltd, involving an informal settlement located on private land, the Supreme Court of South Africa reconciled this conflict of law by ordering the State authorities to compensate the owner of the land for the costs associated with its occupation by the informal settlement until such time as the State authorities could provide alternative land for the residents of that settlement, thereby recognizing the rights of the community to adequate housing and to protection against illegal eviction. Modderklip demonstrates how individual property rights can interfere with, rather than enhance, tenure rights of others. It also demonstrates how such a conflict of rights can be reconciled. Such conflicts also take place between the rights of landlords and those of tenants.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Social & Cultural Rights
- Year
- 2013
- Paragraph type
- Other
- Reference
- SR Housing, Report to the HRC (2013), A/HRC/22/46, para. 68.
- Paragraph number
- 68
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