Centrality of the right to adequate housing for the development and implementation of the New Urban Agenda to be adopted at Habitat III in October 2016 2015, para. 66
Paragraph
Paragraph text
Human rights must be accorded a status of paramountcy within urban law so as to guide the design, interpretation and application of all other laws, policies and programmes. Paramountcy of human rights means that decision makers are legally required to consider and apply the right to housing in their areas of responsibility. Planners must recognize in situ rights of those living in informal settlements. A tribunal or court reviewing intended evictions needs to consider all possible alternatives and, if evictions are unavoidable, ensure that those being displaced have been fully consulted and engaged and provided with adequate and appropriate alternative housing. Zoning laws, property rights or urban development plans must be developed in consultation with and with the participation of those who will be directly affected and assessed in terms of their effect on marginalized or vulnerable groups. Any officials engaged in administering laws or policies linked to the right to housing should be provided with training in the meaning and application of the right to housing in their areas of responsibility.
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
Person(s) affected
Persons on the move
Year
2015
Paragraph type
Other
Reference
SR Housing, Report to the UNGA (2015), A/70/270, para. 66.