Forced evictions 1997, para. 2

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Paragraph text
The international community has long recognized that the issue of forced evictions is a serious one. In 1976, the United Nations Conference on Human Settlements noted that special attention should be paid to "undertaking major clearance operations should take place only when conservation and rehabilitation are not feasible and relocation measures are made". In 1988, in the Global Strategy for Shelter to the Year 2000, adopted by the General Assembly in its resolution 43/181, the "fundamental obligation [of Governments] to protect and improve houses and neighbourhoods, rather than damage or destroy them" was recognized. Agenda 21 stated that "people should be protected by law against unfair eviction from their homes or land". In the Habitat Agenda Governments committed themselves to "protecting all people from, and providing legal protection and redress for, forced evictions that are contrary to the law, taking human rights into consideration; [and] when evictions are unavoidable, ensuring, as appropriate, that alternative suitable solutions are provided". The Commission on Human Rights has also indicated that "forced evictions are a gross violation of human rights". However, although these statements are important, they leave open one of the most critical issues, namely that of determining the circumstances under which forced evictions are permissible and of spelling out the types of protection required to ensure respect for the relevant provisions of the Covenant.
Legal status
Non-negotiated soft law
Body
Committee on Social, Economic and Cultural Rights
Document type
General Comment / Recommendation
Means of adoption
N.A.
Topic(s)
  • Environment
  • Governance & Rule of Law
  • Social & Cultural Rights
Person(s) affected
  • All
Year
1997
Paragraph type
Other
Reference
CESCR General Comment No. 7, Forced evictions (1997), para. 2.
Paragraph number
2