Evolution, challenges and trends in internal displacement 2012, para. 41
Paragraph- Paragraph text
- We have also seen the development of jurisprudence by regional courts, which has strengthened the normative authority of the Guiding Principles and State responsibilities vis-à-vis internally displaced persons. For example, the African Commission on Human and Peoples' Rights has adopted landmark decisions regarding the rights and freedoms of internally displaced persons and related State responsibilities, such as in the Endorois case and the Malawi Association case. The Inter-American Court of Human Rights, in the "Mapiripan Massacre" v. Colombia case, upheld the legal responsibility of the State for displacement caused by paramilitary groups or armed groups, on the basis of their failure to act promptly to prevent the displacement in the first place and to create the conditions allowing internally displaced persons to return home in safety. The European Court of Human Rights has also addressed issues pertaining to the rights of internally displaced persons, including return, housing and property rights. In some of these instances, the Guiding Principles have been referred to or used by courts in their assessment. Those decisions demonstrate not only the engagement of human rights protection mechanisms in various regions of the world but also the variety of contexts in which the need for protection of internally displaced persons and State responsibilities arise.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Paragraph type
- Other
- Reference
- SR Internally Displaced Persons, Report to the UNGA (2012), A/67/289, para. 41.
- Paragraph number
- 41
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