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A place to live in dignity for all: make housing affordable
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2023
- Document code
- A/78/192
Document
Access to justice for the right to housing
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2019
- Document code
- A/HRC/40/61
Document
Adequate housing as a component of the right to an adequate standard of living
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2021
- Document code
- A/76/408
Document
Adequate housing as a component of the right to an adequate standard of living, and the right to non-discrimination in this context
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2022
- Document code
- A/77/190
Document
Analysis of two alternative housing policies: rental and collective housing
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2013
- Document code
- A/68/289
Document
Analysis of two alternative housing policies: rental and collective housing 2013, para. 2
- Paragraph text
- In the late 1970s, a dramatic shift occurred in housing policies, starting with North America and Western Europe, followed later by some countries in Latin America, Asia, Africa and by formerly planned economies. The shift, calling for the transfer of activities from State control to the private sector and for unrestricted markets, soon gained hegemony, shaping the policies of States, international financial institutions and development agencies. The effects of the approach on housing policies, hence, on the right to adequate housing and related human rights across the globe have been striking. The new role of the State as "enabler" led to creating conditions and institutions to support housing finance systems to promote homeownership under the neoliberal dogma of reliance on private property and market forces.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 3
- Paragraph text
- Developed and developing countries have been steadily moving away from traditional supply-side assistance to demand-side housing policies. As a result, the financial sector and the private housing market became the primary mechanisms for allocating housing, by encouraging households to take credit, while the role of public housing and supply-side incentives has been gradually declining. Development assistance greatly influenced the expansion of market-based housing finance and boosted housing market activity in developing countries.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 4
- Paragraph text
- A nearly unanimous belief in individual homeownership marginalized public rental housing; in many countries most of such housing was sold off. Similarly, the process led to radical changes in tenure structure; in many formerly planned economies owner-occupied housing now forms the bulk of the housing stock (for example, 96 per cent in Estonia and 77 per cent in Slovenia and more than 80 per cent in China). Even in countries where massive privatization did not occur, the ideological transfer of responsibility for the provision of housing to the market has been accompanied by the view that individual homeownership is the best tenure option and the centre of all housing policies. Some countries with a long tradition of broad-based social rental housing redefined their systems to promote ownership and "free market" principles. With subsidized accommodation less available, some households that might have otherwise rented were pushed towards homeownership.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Year
- 2013
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 5
- Paragraph text
- In her previous report (A/67/286, paras. 10-13), the Special Rapporteur highlighted how the deregulation, liberalization and globalization of housing finance have had major implications for housing and urban development, eventually leading to the global affordability and housing crisis we are witnessing today. Housing costs are disproportionately affecting the poor and in Europe represent an average of 41 per cent of the income of people at risk of poverty. The affordability crisis is compounded by the erosion, neglect and liberalization of non-market mechanisms for allocating housing resources, such as rental housing (public and private) and different forms of cooperative and collective ownership, among others.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Poverty
- Year
- 2013
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 6
- Paragraph text
- Paradoxically, side by side with the housing affordability and availability crises there is also a phenomenon of millions of empty or under occupied housing units, a clear reflection of the ineffectiveness of the current model. For illustration, there are nearly 1 million empty homes in the United Kingdom of Great Britain and Northern Ireland, of which 350,000 have been empty for more than six months; in the United States 14.2 million homes have been vacant for more than one year.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Year
- 2013
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 7
- Paragraph text
- In her previous report, the Special Rapporteur analysed the main housing finance policies implemented as a means of facilitating access of the poorest to homeownership. The sections below summarize the main findings with regard to the impact of those approaches on the right to adequate housing of those living in poverty.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Poverty
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2013
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 8
- Paragraph text
- In recent years market-based housing finance has rapidly spread throughout the world, mainly targeting the more affluent segments of society that have had the initial capital to take a mortgage, profiting lenders through the payment of interest. Traditionally, mortgage finance has been considered unattainable for the poor owing to issues such as lack of land titles, low and erratic income and employment in the informal sector.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Poverty
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 9
- Paragraph text
- However, during the past two decades new mortgage products were designed specifically for borrowers with low incomes or poor credit history who were not eligible for regular mortgage finance, generating sub-prime loans. Although those lending policies were intended to enable access to credit for low-income households, they are extremely discriminatory: the poorer the credit taker, the higher the interest he/she has to pay. High-interest loans led to ever-increasing household indebtedness, economic insecurity, mortgage arrears and repossession rates. Poor households were forced to reduce expenditure on other essential needs, like food or medicines, in order to meet their housing debt.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Poverty
- Year
- 2013
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 10
- Paragraph text
- The adverse effects of housing credit growth on affordability have also been visible at the macroeconomic scale. Wider access to mortgage loans resulted in higher and more volatile housing prices. Increasing dependence on mortgage credit, private institutions and connection to broader developments in the global capital markets has overexposed national housing systems to the turbulence of global finance, raising levels of debt and concentrating risks among individual households. Countries that adopted an open system of mortgages, based on subprime loans, easily granted credit and the securitization of mortgages, have seen a serious crisis since 2008.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 11
- Paragraph text
- The discrepancy between income levels and soaring housing and rental prices coupled with increasing unemployment have led to more payment default, foreclosures and homelessness. These processes are exacerbated by the adoption of legal and institutional adjustments aimed at facilitating foreclosures, which have been promoted in recent years as "imperatives for developing a housing finance system". The crisis has disproportionately affected the poorest and most vulnerable, who were the last to join the mortgage markets and the first to suffer the consequences of the crises owing to their low resilience to economic shocks and low repayment abilities.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Poverty
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 12
- Paragraph text
- A major component of the shift to demand-side housing policies has been the promotion of Government subsidies for privately produced residential units, mobilizing public resources and directing them to individual potential buyers with the idea of reducing Government intervention. The rationale behind the programmes is that low-income households will be able to finance their housing through the free market, with their own savings, assisted by a down-payment subsidy or a subsidized loan. Such types of subsidies include: (a) direct payments, either up front (to lower the amount of the loan, closing costs, down payment or insurance premium, or capital grant) or on a monthly basis; (b) subsidies tied to savings programmes; (c) interest-rate or interest-payment subsidies; (d) tax subsidies and exemptions tied to mortgage payments or real estate taxation. The last three types of subsidies are extremely costly, target mainly middle-income households and tend to have regressive effects (for example, in the United States the top 20 per cent of households earning over $ 100,000 per annum gain 75 per cent of the tax relief on mortgage payments). Such policies indirectly discriminate against low-income households, in particular when implemented as the main housing policy, since their cost to national budgets is often enormous, while they mostly benefit mostly the more affluent households (see A/67/286, paras. 34-37).
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 13
- Paragraph text
- The capital-grant-subsidy has been the most frequently promoted programme to target low-income households. The approach offers cash subsidies by private companies to cover part of the price of a dwelling for sale. The Chilean experience has been considered the model for other countries, widely replicated in Latin America (Brazil, Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Mexico, Panama, Peru and Venezuela (Bolivarian Republic of). Outside of Latin America, the capital-grant approach has been implemented on a large scale in South Africa since 1994.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 14
- Paragraph text
- However, in the absence of land planning and regulations, a large amount of subsidies available in the housing market has led to significant increases in land and housing prices, a general problem of affordability for low-income households and long waiting lists.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Social & Cultural Rights
- Year
- 2013
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 15
- Paragraph text
- Problems have also emerged with regard to the location of housing units, some exacerbating exclusion and segregation. In countries like Chile, subsidized housing developments were built in the urban periphery where land costs were lowest, but which lacked adequate infrastructure, schools, health facilities, transportation and employment opportunities and were characterized by low habitability.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Social & Cultural Rights
- Year
- 2013
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 16
- Paragraph text
- Pursuant to articles 2 and 11 of the International Covenant on Economic, Social and Cultural Rights, and from a human rights perspective, Governments are required to make effective use of their available resources to ensure the enjoyment of the right to adequate housing, including by prioritizing the poorest. That obligation implies more than a roof since the right to housing entails access to an array of services and facilities that guarantee an adequate standard of living. Capital-grant subsidies have had a narrow focus on reducing only the quantitative deficits of houses without adequately incorporating a human rights view. In that sense, they have failed to address broader aspects of habitability, location, availability of services and infrastructure and non-discrimination. As one commentator observed, the new stock of subsidized housing often created a greater housing problem: "the problem of those 'with roofs'".
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2013
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 17
- Paragraph text
- Until the 1980s, slum dwellers and the urban poor had not been a target for financial services. However, in the 1980s private financial investors came to regard the poor as "bankable", and in the past 10 years, a growing number of housing microfinance programmes emerged offering loans to low-income households. Housing microfinance loans are much smaller than mortgages, are typically granted for shorter terms and are used mainly to finance progressive improvements to housing (for example, building sanitary amenities) and expansions to an existing dwelling.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Poverty
- Year
- 2013
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 18
- Paragraph text
- Most housing microfinance initiatives originate in developing countries and emerging markets - Latin America, Asia and, to a lesser extent, in Africa. Although microfinance agency interest rates are typically lower than those of informal moneylenders, they are much higher (between 20 and 50 per cent) than those charged by formal financial institutions and have much shorter maturities. The poorer the client, the more likely the housing microfinance agency will attempt to manage default risk by reducing the size as well as the time over which the client must repay the loan and by increasing the interest rate. The use of floating rates of interest also leads to increases over the repayment period, sometimes up to double the original rate. It is therefore questionable whether housing microfinance fosters housing affordability for the urban poor or whether, in some cases, it leads to increased indebtedness.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Poverty
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 19
- Paragraph text
- The small scale and the nature of most housing microfinance programmes, in particular their focus on profitability, prevent them from addressing other central aspects of the right to adequate housing - tenure security, location, infrastructure and the availability of services.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2013
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 20
- Paragraph text
- Housing finance policies based on credit for homeownership are inherently discriminatory against lower-income households and, at their best, promote affordable access for upper- and middle-income groups. Housing finance policies often "redline" the poor, who are required to pay much higher prices for financial services, exposing them to financial risks and indebtedness. At the same time, housing finance policies tend to focus solely on access to a roof while failing to effectively and comprehensively address the various elements of the right to adequate housing: location, access to infrastructure and services, habitability, cultural adequacy and security of tenure. At the macro level, the disproportionate use of such policies has contributed to price volatility and to the ongoing housing affordability and availability crises.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Poverty
- Person(s) affected
- All
- Year
- 2013
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 21
- Paragraph text
- By contrast, countries that have adapted a more balanced housing policy, by encouraging a variety of tenure forms, such as Austria, Germany, and Switzerland, have suffered little from the recent property crises. According to Housing Statistics in the European Union 2010 and Eurostat 2010, 40 per cent of the population in Austria rents and 56 per cent owns their dwellings; 54 per cent of the population in Germany and 56.1 per cent in Switzerland are tenants. Such examples demonstrate that the division between the various forms of tenure and housing policies is not a "natural" or necessary choice but rather influenced by State intervention and regulation of the housing sector through the use of its available resources as well as through legislation and policies, including fiscal, taxation and subsidy measures.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 22
- Paragraph text
- The sections below provide a review of alternative housing policies for the urban poor that have been largely ignored by States in recent years - rental arrangements and collective and tenure - while analysing their compatibility with the promotion of the right to adequate housing of those living in poverty.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Poverty
- Social & Cultural Rights
- Year
- 2013
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 23
- Paragraph text
- As mentioned earlier in the report, the availability of public rental housing in many developed countries has diminished substantively or disappeared altogether. Most developing countries have never had a substantive stock of public housing, and those that have privatized it. A partial exception is the Republic of Korea where, in 2002, the Government announced a plan to build 1 million public housing units for rent over the next decade. Similar attempts have been made in recent years in Indonesia as part of a national programme for 1,000 Towers, some of which were intended for low-cost rental apartments (rusunawa), albeit with mixed results.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 24
- Paragraph text
- In recent years, some Governments have looked towards non-profit organizations to provide housing for the poor and to limit Government involvement in the housing sector. Such institutions range from charities and housing associations to educational bodies. However, the social housing sector is substantive only in a handful of countries, mainly in Western Europe. As a result of cuts in funding to public housing and the ongoing global economic and financial crisis, waiting lists for social housing are increasing and the provision of affordable housing is not sufficient to keep up with the demand. In England, housing waiting lists augmented by 76 per cent between 2000 and 2011; in France 1.2 million applicants are registered on waiting lists for social housing, and in Italy there are 630,000.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 25
- Paragraph text
- Despite the decline in support for rental housing, the absolute number of tenants worldwide is rising. Across the world, approximately 1.2 billion people (around one third of the urban population and one sixth of all people in the world) live in rented accommodation, the great majority in towns and cities. In many European countries the private rental sector, including informal, is playing a growing role for the poor, owing to inadequate access to social housing and greater constraints in accessing ownership. In developing countries, the largest proportion of tenants is in urban Africa; in Asia, tenants comprise approximately one third of the urban population.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Poverty
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 26
- Paragraph text
- Rental arrangements provide a range of options to low-income households in terms of location, improved mobility (particularly related to employment opportunities) and flexibility in terms of dwelling type (smaller or shared units that are not available in other tenure forms). Rental tenure enables low-income households to avoid house price risks, indebtedness and exposure to falling capital values and carries a lower transaction cost than homeownership. Rental housing also provides a regular additional source of income for low-income small landlords, which can serve as a safety net against precarious employment or as a form of pension after retirement and old age. This is particularly important in the case of low-income settlements. However, construction of extensions for renting purposes is often discouraged by planning regulations and stringent building standards.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Social & Cultural Rights
- Year
- 2013
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 27
- Paragraph text
- The access of poor households to rental housing is currently impeded by costs, mainly as a result of rising rent prices and a shortage of affordable rental housing. More and more households in Europe are facing difficulties in paying the rent (3.8 per cent of Europeans, and 8.6 per cent of those with income below 60 per cent of the median national income). Rent affordability issues are more widespread in developing countries where rental housing is even less available. The rent-to-income ratio for African cities is more than twice that of cities in high-income countries at 39.5 per cent of income.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Poverty
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2013
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 28
- Paragraph text
- Significant increases in the supply of private rented housing are therefore necessary to help empower lower income tenants in the rental market and relieve affordability problems. In addition, demand-side policies are required to increase the affordability of the rental sector for the poor. Although most Governments have focused their efforts on increasing individual homeownership, there are some good examples of supply- and demand-based policies aimed at encouraging the small-scale private rental sector and increasing rent affordability for low-income households. Such interventions include taxation, direct or indirect subsidies, and regulation. State policies towards the informal rental sector also affect the accessibility of the poorest to rental arrangements.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Poverty
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 29
- Paragraph text
- The tax treatment of private rental investment is a critical factor in either stimulating (Australia, France, Germany, the Netherlands, and New Zealand) or discouraging it (United States and Canada). Taxation for other tenure investment options also has an influence on the rental sector: favouring tax deduction or exemptions for homeownership (including non-taxation of capital gains and mortgage interest deductibility) encourages it, undermining the attraction of rental investment.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 30
- Paragraph text
- Some European counties (such as the Netherlands and Sweden) employ a rental subsidy system to encourage rental developers or private owners through reduced interest programmes. The long-standing subsidization scheme in Germany for both the social housing sector and private investors laid the foundation for a large private rental housing market.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 31
- Paragraph text
- In Austria, a sustained combination of supply-side polices has resulted in a large housing stock with reasonable rents, allocated to middle-income groups with additional means-tested benefits for lower-income groups. By providing discounted building land, grants, public loans and tax favoured investment, the federal, regional and municipal governments have strategically promoted the development of limited profit, cost-capped, and cost-rent housing, catering to a range of households including low-income households.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 32
- Paragraph text
- Some countries have been implementing rent assistance programmes in order to address affordability problems (see A/HRC/13/20/Add.4, paras. 10 and 25). However, evidence indicates that such initiatives, in the absence of other policies regulating markets and assisting recipients of housing allowances, are not sufficient to provide adequate and affordable rental housing for low-income households. In countries in which rental supply is limited, subsidies schemes actually lead to an increase in rental prices and shortages of rental stock for low-income earners. Low income households receiving housing benefits often face difficulties in finding and keeping habitable accommodation in adequate locations with access to services, despite the extra purchasing power, owing to the low value of the benefits (given the rise in rental prices) and discrimination against vulnerable groups in the private rental market (see A/HRC/13/20/Add.4, paras. 17-26). In addition, means testing for housing benefits is often complicated, targeting is not always effective and allocation procedures encourage corruption. The tight conditioning of housing benefits on income levels has been criticized for failing to reach all beneficiaries (for example, only 40 per cent of private renters living in poverty in England are in receipt of housing benefit). Furthermore, the substantial cuts in housing benefits currently applied in various countries as part of recent austerity measures are likely to exacerbate the problem (see A/67/286, para. 32).
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 33
- Paragraph text
- On the other hand, the cost of rent subsidies for low-income households is significantly lower than the cost of subsidies for homeownership. Moreover, for families with a very low and unstable income, rent subsidies can provide a better alternative than homeownership. Research done in Brazil, for instance, has shown that very low-income households tend to sell their private homes, in particular the very poorly located ones, and move back to informal settlements.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Poverty
- Social & Cultural Rights
- Person(s) affected
- Families
- Year
- 2013
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 34
- Paragraph text
- One of the main means of securing affordability and tenure for low-income tenants in private rental arrangements is rent legislation, regulation and control. Rent regulation varies greatly between regions, but typically includes two main elements: (a) security of tenure, establishing a minimum duration of occupancy as well as limitations on the eviction of tenants; and (b) control on levels of price increase, intended both to preserve affordability and to preclude de facto economic eviction. Rent control regimes tend to establish the amount and frequency of rent increases, linking it to fiscal measures such as inflation rates. In general, restrictions on rent increases are maintained only during sitting tenancy.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 35
- Paragraph text
- Critics of rent control and regulation claim that such measures produce inefficiencies, distort market values, reduce the housing supply and encourage corruption and low housing maintenance. Rent regulation has also been criticized for not targeting low-income households since controlled rents and protected tenancies usually favour those who have lived in rental housing for years over potential new tenants, and there is no mechanism to ensure that those benefitting from rent control are the low-income households.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Year
- 2013
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 36
- Paragraph text
- In some countries, however, notably, Austria, Germany and Switzerland, and over the course of many decades, in some cities like New York and San Francisco in the United States (see A/HRC/13/20/Add.4, para. 44), rent regulation has had favourable effects on stabilizing the rental sector and maintaining access by low- income households to urban housing that is well located. In Switzerland, rental investments have been maintained even though rent controls reduce the housing costs of long-standing tenancy, and legislation prevents arbitrary eviction and the exploitation of temporary shortages. In Quebec, Canada, a consistent and well-established regulatory system, with a reasonable balance between protecting tenants and encouraging investment, has been retained. In Uruguay, the Government has introduced a different tool to balance the interests of landlords and tenants, through a fund that provides guarantees to cover costs arising from the non-payment of rent and service payments (Fondo de Garantía de Alquileres).
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 37
- Paragraph text
- Such examples demonstrate that it is possible to design rent regulation and tenancy protection mechanisms that do not distort or discourage the private rental market but actually encourage it. A well-regulated rental market can promote the goals of protecting tenants, particularly low income, and encouraging rental housing simultaneously. On the other hand, the elimination of rent controls and the easing of eviction procedures, has rarely led to more investment in the rental market but has actually skewed the market in the direction of homeownership.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Year
- 2013
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 38
- Paragraph text
- Although States do not have the obligation to directly provide adequate housing to all, they have the obligation to protect against abuses of human rights by third parties and to adopt the necessary measures to enable and assist individuals in enjoying their human rights. When housing provision is transferred to third parties (the private rental market), the State should regulate the market in order to protect against human rights abuses (such as forced evictions or economic eviction and rental price "bubbles") and to create an enabling environment for the realization of the right to adequate housing, with particular focus on the poorest and most marginalized. As indicated by the Committee on Economic, Social and Cultural Rights in paras. 8 (c) and 17 of its General Comment No. 4, tenants should be protected by appropriate means against unreasonable rent levels or rent increases.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2013
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 39
- Paragraph text
- Access to urban land for housing, especially serviced land, is one of the major problems faced by developing countries. Informal access to land, increasingly through rental arrangements, is becoming a key form of accessing affordable housing for the poor. A large share of urban landlords in developing countries therefore operate informally in unplanned settlements.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 40
- Paragraph text
- A variety of rental sub-markets exists, including rooms in inner city tenements, custom-built tenements, rooms in informal settlements, renting land and building rental units to let or building units in the backyard of dwellings. The trend is particularly noticeable in Latin America, where informal owners enlarge their homes to house tenants in order to rise their incomes. In Sub-Saharan Africa, taking in lodgers within the existing structure is common in several countries. The transformation of Government-built housing to include rental units is widespread in Northern Africa as well as Sub-Saharan Africa. In Asia, informal rental ranges from unlicensed high-rise buildings that accommodate migrant workers in the "urban villages" of China to rented plots in some Indian and Thai cities where tenants build their own shelter. Most of those options - ignored by regulations - offer very precarious conditions to tenants.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Poverty
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2013
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 41
- Paragraph text
- Most informal landlords let property that lacks a building license, do not issue written contracts, do not abide by rental and tax legislations and requirements, and in most cases are unaware(as are their tenants) of the existing relevant legislation.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Year
- 2013
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 42
- Paragraph text
- The informal rental sector is a crucial component of the housing sector in developing countries and is also increasing today in many European cities, filling a gap created by the current housing policies that do not adequately address the housing needs of low-income households. Unfortunately, slum upgrading programmes have largely ignored the impact on tenants and have sometimes even failed to notice that most target settlements even contain tenants. In some cases, the upgrading programmes even prohibit owners from letting upgraded properties. Such situations are incompatible with the obligation of States to promote the right to adequate housing, inter alia, by facilitating the "self-help" efforts of disadvantaged groups. However, there are a few reliable programmes that include direct subsidies and cheap loans to owners who need to repair their properties and to owners who wish to extend their property to accommodate additional tenants.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Social & Cultural Rights
- Year
- 2013
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 43
- Paragraph text
- While increasing access to homeownership for low-income households through credit has proved to lead to overindebtedness and housing crises, rental housing has the potential to promote a range of more affordable options, while reducing financial risk and enabling better mobility.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Movement
- Social & Cultural Rights
- Year
- 2013
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 44
- Paragraph text
- Adequate housing must be in a location that allows access to employment options and public services. This is particularly relevant to poor households since the financial costs of travelling to work can place excessive demands upon already limited budgets. With the support of State intervention, through rent subsidies to low-income households, the provision of State land to low-income rental and other measures, a private rental sector has the potential to promote access to better located, adequate housing for low-income households in urban settings.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Person(s) affected
- All
- Year
- 2013
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 45
- Paragraph text
- For low-income households, ensuring a high degree of security of tenure in the private rental market is of the utmost importance since poor tenants cannot afford the costs associated with a change of dwelling or with challenging evictions and cannot compete in a completely unregulated private rental market (even when receiving housing benefits). It is therefore also necessary to ensure that regulation and accountability are respected in order to prevent economic de facto evictions and to enable low-income households to access affordable rental housing in urban areas that are well located.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2013
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 46
- Paragraph text
- Evidence indicates that both demand- and supply-side subsidies for the private rental sector are more cost effective and less costly then subsidies for homeownership and are therefore more compatible with the obligation of States to make use of the maximum available resources in order to ensure the progressive realization of the right to adequate housing. A regulated and effective housing benefit system is necessary to ensure various aspects of the right to adequate housing, including affordability, non-discrimination and habitability, while also enhancing the opportunities for individuals to exercise a number of other human rights, including the right to work, the right to education and the right to health. In addition, the private (formal and informal) rental sector is better targeted to lower-income households (compared with housing finance schemes that mainly assist middle-income households) and therefore may assist States in complying with the obligation to give due priority to social groups living in unfavourable conditions. Policies and legislation should correspondingly not be designed to benefit already advantaged social groups at the expense of others.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2013
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 47
- Paragraph text
- Common property is a regime that allocates a package of property rights to a group. Such rights may include ownership, management, use, exchange and access of shared resources. The term "common property regime" refers to a set of institutions, regulations and management practices subject to collective decision-making. Such regimes are distinct from communal tenure, which refers more broadly to community-based tenure systems, in which some form of collective authority (for example, an extended family, clan or other social grouping) holds allocation rights. The present section refers to common property tenure arrangements in urban settings that have been implemented in recent years in both developed and developing countries.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Families
- Year
- 2013
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 48
- Paragraph text
- A housing cooperative is a legal association formed for the purpose of providing housing to its members on a continuing basis. It is owned, maintained and controlled by its members. Housing cooperatives are based on collective ownership and management and can take various forms, including tenure cooperatives (in which owns housing development are owned and the members own equity shares in the cooperative), rental cooperatives (in which members pay rent to the cooperative), finance cooperatives (in which the cooperative provides loans to members for building construction or repairs) and building cooperatives (wherein building construction is undertaken and land is developed on behalf of members). Some cooperatives combine two or more of those functions.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 49
- Paragraph text
- The classic cooperative model has evolved mainly in Europe, and the "Scandinavian" cooperative model, founded in 1923, is one of the most influential. In Sweden, cooperative housing accounted for 22 per cent of all housing in 2011. Swedish cooperative organizations have received significant state support since the 1950s, when housing subsidies were applied equally to all forms of tenure, including cooperatives. The Swedish legislation provides a clear legal framework for the operation of housing cooperatives by defining the legal status of the relevant associations, such as the Savings and Construction Association of Tenants (HSB) and the cooperative housing organization known as Riksbyggen, and of the tenant owners. Additional rules and regulations are adopted by the associations themselves with tenant majority approval.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 50
- Paragraph text
- In Latin America, a successful example of housing cooperatives on a national scale is the mutual aid cooperatives in Uruguay, which are promoted by the Federation of Mutual Aid Housing Cooperatives. The Uruguayan legislation recognizes collective tenure, and the regulation of the housing cooperatives is encompassed in the 1992 General Cooperative Law. Since 1965, around 600 Federation cooperatives have been consolidated in Uruguay, and around 20,000 families are living in houses and apartments built through mutual aid. Mutual aid cooperatives have been introduced and adapted in 14 Latin American and Caribbean countries over the past 20 years through various initiatives.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- Families
- Year
- 2013
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 51
- Paragraph text
- A recent form of cooperatives combining finance and building are community funds, which have been developed in Africa and Asia. These funds work with group loans and/or savings in order to assist communities in financing land regularization and acquisition, infrastructure and service provision, and home improvements. The Asian Coalition for Community Action programme has promoted community funds in Asia from 2009 to 2011, carrying out 111 housing projects in 15 countries, at a total cost of almost $4 million; collective agreements were used in 36 of the projects.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 52
- Paragraph text
- A collective organization enables cooperatives to take on complex housing and infrastructure projects that would otherwise not be possible for an individual household. Community funds provide financial and technical support for the purchase of land parcels and communal infrastructure (such as roads, drainage, water and sanitation). The process typically involves negotiations with other stakeholders, such as the original owners of the parcel and the Government. In the Scandinavian model, the "mother" (also known as "parent" or "secondary") cooperative association is responsible for building housing developments, which are then sold to "daughter" (also known as "subsidiary" or "primary") cooperatives. Financial risk for members is limited to their daughter cooperative.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Social & Cultural Rights
- Water & Sanitation
- Person(s) affected
- Families
- Year
- 2013
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 53
- Paragraph text
- The collective structure also promotes affordability and security of tenure by enabling group loans or savings or, in some cases, assistance funds for temporary defaults by members. The collective organization and management of common areas and housing maintenance is also crucial to promoting affordability for low-income households. In the Scandinavian model, homeowners will typically fund 75-80 per cent of the cost of a housing development, while the rest is covered by a loan taken by the daughter cooperative. Cooperative homeowners also benefit from a 30 per cent tax reduction on interest expenditures on either cooperative shares or properties. Tenants may be evicted by the cooperative board only in a limited number of circumstances. In the case of community funds, interest rates on loans are usually relatively low and loan periods are often long, up to 25 years.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Year
- 2013
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 54
- Paragraph text
- The Uruguayan mutual aid cooperatives promote affordable housing through a collective process involving the future occupiers. Ownership, as well as responsibility for the mortgage and maintenance of the property is collective and indivisible. Under the Federation of Mutual Aid Housing Cooperatives model, families can get access to collective housing loans without previous savings (particularly suitable for low-income households); the time they spend building the houses is considered to be down payment (15 per cent of public bank mortgage). Members pay a monthly share of the collective mortgage, an additional fee to the Cooperative Fund for the maintenance of common spaces and services, and an assistance fund for members that are temporarily unable to pay to the cooperative due to various reasons (such as accident, loss of employment or death of bread winner).
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Families
- Year
- 2013
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 55
- Paragraph text
- In the Uruguayan model, security of tenure is ensured by a contract between the cooperative and the member ("contrato de uso y goce" of the Federation of Mutual Aid Housing Cooperatives), which is not time bound. Each family enjoys usufruct rights that can be inherited or sold back to the cooperative. The value of the member's share is paid back to him by the cooperative in two instalments over a period of three years and comprises the value of labour hours; maintenance of the common areas; the repaid amount of the loan; and the repaid interest. This prevents a high member turnover and protects the cooperative from gentrification processes.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- Families
- Year
- 2013
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 56
- Paragraph text
- A community land trust is a form of common land ownership, wherein land is considered to be a commonwealth, and only structures and other improvements are considered private property. Community land trusts aim to remove land from the speculative real estate market; to provide access to land and housing to people who would otherwise be denied access; to expand long-term community control of land resources; and to preserve the affordability of housing permanently.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 57
- Paragraph text
- The large majority of community land trusts are organized essentially as "affordable housing trusts", and will oversee the development, sale or rental, and maintenance of housing units to buyers or renters who will lease the land from the community land trust. Through the use of an inheritable ground lease (typically for 99 years), community land trusts define the rights and responsibilities of the individual as the owner of the structures, and the community as the owners of the land. Usually, the community land trust is governed by a board of directors comprising one third leasers of the community land trust; one third residents from the surrounding community (that do not live on the leased properties of the community land trust) and one third individuals who represent the public interest.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Economic Rights
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 58
- Paragraph text
- Community land trusts have been expanding over the past 50 years, primarily in the United States where, according to the national network, close to 250 were active as at June 2013. They also exist in the United Kingdom and Canada. An increasing number of municipal governments are forming community land trusts as a progressive strategy for addressing affordable housing needs that cannot be met solely with public housing programmes. Chicago, United States, is perhaps the largest example of a municipal government forming a public community land trust.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 59
- Paragraph text
- The main purpose of community land trusts is to lock the value of the land in order to preserve the long-term affordability of housing for low- and middle-income households. Such affordability and location aspects are therefore one of the main pillars of community land trusts, and purchase or rental prices are usually below market value (typically 20 to 65 per cent), essentially because the leaseholder only pays for the home and not the land. In exchange, homeowners accept limitations when reselling their homes, usually committing to a maximum 25 per cent profit of the original price paid. This allows future low- to moderate-income households to access the same property at an affordable cost and help the community to resist gentrification processes and development-related displacement.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Movement
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2013
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 60
- Paragraph text
- Although community land trusts do not provide loans or financial mechanisms, they assist potential members and advise them on their best choices in relation to their financial situations, including training seminars and pre-purchase stewardship. Recent evidence from the United States indicates that members of community land trusts have been less affected by the subprime mortgage crises and subsequent foreclosure proceedings.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 61
- Paragraph text
- However, research indicates that community land trusts have generally been able to address the needs of lower middle-income households (commonly with an income between 30-80 per cent below median income) but have not been able, except in rare occasions, to reach the poorest 15 per cent of the population. One of the main barriers to low-income households is the screening and selection process employed by most community land trusts, which include income documentation, credit records and job history and security.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 62
- Paragraph text
- Unlike housing cooperatives, community land trust systems have yet to be incorporated into national legislation. Each community land trust develops its own unique financing approach for both operating costs and project costs, and these approaches often include combinations of public and private sources, and grants and loans.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 63
- Paragraph text
- The cases of community land trusts, cooperatives and community funds demonstrate the capacity of collective organizations to tailor housing solutions that adequately address security of tenure, affordability, location and availability of services and infrastructure in urban settings for low-income households.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 64
- Paragraph text
- Although not all types of collective organizations are accessible to the poorest segments of society, there are numerous advantages to such a form of tenure, including: (a) the use of community leverage to compete with existing housing market forces; (b) cooperative and collective forms of tenure are inextricably linked to enhanced democratic participation, better access to information, and community-led governance; (c) both cooperatives and community funds provide their members with financial strength (through community loans or savings that enable low-income households better access to housing finance); (d) as opposed to the individual finance schemes detailed above, community organizations also have the ability to control land and housing affordability by controlling land prices (community land trusts), providing increased economic resilience (through financial support to households that temporary encounter financial difficulties (Federation of Mutual Aid Housing Cooperatives), protecting low-income households from the housing market volatility and by limiting economic displacement and gentrification.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Year
- 2013
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 65
- Paragraph text
- Both cooperatives and community land trusts also promote affordable housing for the poor by taking on responsibility for the maintenance and rehabilitation of communal housing space, which is a heavy cost for the poor. By locking land and housing values, community land trusts and cooperatives also contribute to the overall stability of land market and housing affordability. Finally, the leverage of the community greatly enhances the ability of low-income household members to access housing that is well located in urban areas and to ensure security of tenure in these locations.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2013
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 66
- Paragraph text
- Collective forms of tenure clearly represent an effective form of self-help that may assist in the progressive realization of the right to adequate housing. In accordance with paragraphs 10 and 11 of General Comment No. 4 of the Committee on Economic, Social and Cultural Rights, States have an obligation to facilitate the activity of such mechanisms for housing production and allocation, particularly when evidence indicates that they can promote access to adequate housing for marginalized groups that would otherwise be excluded from the housing market. However, despite these clear advantages, to date collective tenure remains at a limited scale, mainly as a result of the lack of supportive legal, financial and institutional frameworks in most countries. Although community structures need a certain degree of autonomy in order to regulate the relationship between the members and the organization and preserve their decision-making autonomy, they also require supportive legal and institutional structures in order to enable their functioning. For example, the legal recognition of collective tenure is essential, as well as the possibility of taking on collective loans. In that context, it is crucial that the State provide urban land that is well located, in particular in densely populated urban settings, in order to support the ability of collective housing organizations to compete in the land market.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Economic Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2013
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 67
- Paragraph text
- Housing policies have increasingly been reduced to housing finance systems to promote homeownership. Evidence indicates that housing policies based exclusively on facilitating access to credit for homeownership are incompatible with the full realization of the right to adequate housing for low-income households, as they fail to supply habitable and affordable housing to the poor that is secure and well located.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Poverty
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2013
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 68a (i)
- Paragraph text
- [The Special Rapporteur calls for a paradigm shift from the financialization of housing to a human rights-based approach to housing policies. In that context, she makes the following recommendations:] States should promote various forms of tenure: A mixture of tenure solutions, including private and public rental and collective tenure, is essential for the promotion of access to adequate housing for the various segments of society and in order to shield individuals and households from economic and financial shocks. Legal and institutional frameworks should be created to ensure security of tenure for all forms of tenure;
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 68a (ii)
- Paragraph text
- [The Special Rapporteur calls for a paradigm shift from the financialization of housing to a human rights-based approach to housing policies. In that context, she makes the following recommendations:] States should promote various forms of tenure: The design of housing policies should be based on an assessment of housing needs, taking into consideration the specific demographic, geographic, economic and social conditions in each region, and the characteristics of the various disadvantaged groups (including low-income households), their existing housing conditions and forms of tenure;
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 68a (iii)
- Paragraph text
- [The Special Rapporteur calls for a paradigm shift from the financialization of housing to a human rights-based approach to housing policies. In that context, she makes the following recommendations:] States should promote various forms of tenure: States should refrain from focusing their housing policies on finance schemes with predominantly regressive effects, such as mortgage interest rate subsidies or tax exemptions;
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 68b (i)
- Paragraph text
- [The Special Rapporteur calls for a paradigm shift from the financialization of housing to a human rights-based approach to housing policies. In that context, she makes the following recommendations:] Rental tenure should be encouraged: A well-functioning rental sector with both private renting and social components is critical to a sustainable housing system. States should therefore support and encourage the development of both a private and social rental sector;
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 68b (ii)
- Paragraph text
- [The Special Rapporteur calls for a paradigm shift from the financialization of housing to a human rights-based approach to housing policies. In that context, she makes the following recommendations:] Rental tenure should be encouraged: States should adopt measures to encourage the construction and maintenance of a private rental sector, including by providing incentives for small-scale landlords (such as tax incentives and supply-based subsidies that stimulate private investment) and support the non-profit and community-based development of rental housing;
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 68b (iii)
- Paragraph text
- [The Special Rapporteur calls for a paradigm shift from the financialization of housing to a human rights-based approach to housing policies. In that context, she makes the following recommendations:] Rental tenure should be encouraged: States should provide housing support mechanisms for low-income households or households with irregular income, including by providing rent allowances; establishing a housing benefit system and guaranteeing funds to cover the costs arising from the non-payment of rent and service payments of the most vulnerable; and providing tenancy protection and rent control legislation;
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 68b (iv)
- Paragraph text
- [The Special Rapporteur calls for a paradigm shift from the financialization of housing to a human rights-based approach to housing policies. In that context, she makes the following recommendations:] Rental tenure should be encouraged: States should recognize and support the informal rental sector in informal settlements, and include in their housing programmes incentives and subsidies to assist small-scale landlords to expand and improve habitability in rental accommodation;
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 68b (v)
- Paragraph text
- [The Special Rapporteur calls for a paradigm shift from the financialization of housing to a human rights-based approach to housing policies. In that context, she makes the following recommendations:] Rental tenure should be encouraged: States should encourage and support the use of standardized rental contracts, in order to reduce the number and severity of disputes between landlords and tenants. To that end, standard forms of contracts should be freely available and widely distributed and should not require notary approval;
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 68b (vi)
- Paragraph text
- [The Special Rapporteur calls for a paradigm shift from the financialization of housing to a human rights-based approach to housing policies. In that context, she makes the following recommendations:] Rental tenure should be encouraged: Urban renewal and informal settlement upgrading programmes should take into account the rights of tenants and should be designed with their full participation;
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 68b (vii)
- Paragraph text
- [The Special Rapporteur calls for a paradigm shift from the financialization of housing to a human rights-based approach to housing policies. In that context, she makes the following recommendations:] Rental tenure should be encouraged: States should encourage greater use of empty housing stock, by, inter alia, encouraging the rehabilitation of vacant homes, increasing taxation on unused properties and improving access to low-cost loan funds for people who require financial assistance to get empty properties back into use , including through rent;
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 68c (i)
- Paragraph text
- [The Special Rapporteur calls for a paradigm shift from the financialization of housing to a human rights-based approach to housing policies. In that context, she makes the following recommendations:] Collective forms of tenure should be encouraged: States should support cooperative, collective and communal forms of tenure by designing and investing adequate resources through, inter alia: legal recognition and protection of cooperative and collective ownership of land and housing in urban areas; and support for housing policy and financial mechanisms, including access to credit and State subsidies, tax benefits to collective institutions, State provision of technical assistance and urban land that is well located for collective housing organizations;
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 68c (ii)
- Paragraph text
- [The Special Rapporteur calls for a paradigm shift from the financialization of housing to a human rights-based approach to housing policies. In that context, she makes the following recommendations:] Collective forms of tenure should be encouraged: Cooperative and collective forms of tenure are inextricably linked to enhanced democratic participation and community-led governance. States should therefore support activities of civil society organizations that play a crucial role in the development and maintenance of collective forms of tenure, in particular for low-income groups.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
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
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2015
- Document code
- A/70/270
Document
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. 11
- Paragraph text
- Achieving the objectives of Habitat III will rely on the unique ability of human rights to effect transformative change through the application of universal norms and guiding principles to specific contexts and in response to emerging challenges. This essentially describes the key features and benefits of a human rights approach. Human rights can effect the kind of spatial, geographic, social and attitudinal change required to address the structural causes of exclusion and inequality, so that cities become places of opportunity and well-being for everyone - where adequate housing, food, water and sanitation, education, employment and health are realized as fundamental rights.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Water & Sanitation
- Person(s) affected
- All
- N.A.
- Year
- 2015
Paragraph
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. 12
- Paragraph text
- The right to adequate housing and other related rights must sit at the centre of an agenda for cities. Housing is a cornerstone right, indivisible from all other rights and fundamental to an approach that begins with the dignity, equality and security of the human person. Narrow interpretations that focus on housing as a commodity or housing that provides a roof over one's head have been rejected under international human rights law. Rather, the right to housing has long been understood as the right to live somewhere in peace, security and dignity. The right to adequate housing and to non-discrimination are themselves transformational, creating not only goals for which to strive but also a framework of action and accountability through which the goals can be realized.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2015
Paragraph
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. 13
- Paragraph text
- Twenty years ago, the Habitat Agenda adopted by the second United Nations Conference on Human Settlements (Habitat II) clearly articulated a commitment to "the full and progressive realization of the right to adequate housing, as provided for in international instruments". The implementation of the Habitat Agenda, however, has not fully embraced human rights. Escalating homelessness in many regions, the continuation of forced evictions with impunity around the globe and the growth of informal settlements without adequate services suggest that the right to adequate housing has not been prioritized in the way that would have been required for effective implementation.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2015
Paragraph
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. 14
- Paragraph text
- Housing is a major component of any city. However, it seems to have largely fallen off the public policy agenda. At the international level, for example, the right to adequate housing has not been a focus of development goals. Also, the lending priorities within the World Bank have shifted dramatically away from low-income housing, even as the problems of inadequate housing and homelessness have become more widespread and severe. In the mid-1970s to the mid-1980s more than 90 per cent of total shelter lending was allocated to low-income housing, compared to about 10 per cent since the mid-1990s. Moreover, a much smaller share has gone to low-income countries (20 per cent, down from about 40 per cent from the mid 1970s to the mid-1980s). In short, there is little evidence of the commitment to the realization of the right to adequate housing that was articulated in the Habitat Agenda. What went wrong and how can we ensure that a similar commitment made in 2016 is more successfully implemented?
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2015
Paragraph
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. 15
- Paragraph text
- In discussions with government authorities, civil society and other actors, the Special Rapporteur has identified the relationship between subnational governments and international human rights norms, procedures and commitments as one factor that has contributed to the failure to realize the right to adequate housing as affirmed at Habitat II. Over the last 20 years, subnational or local governments have been accorded greater responsibility for the implementation of the housing-related provisions of the Habitat Agenda. However, international human rights mechanisms and procedures have engaged primarily with national Governments rather than directly addressing the circumstances of local governments. So, while local governments hold key responsibilities for housing and related programmes and are equally bound by their States' international obligations, they are rarely participants in the international processes through which obligations are clarified and they often lack clarity about their roles. Moreover, the institutional frameworks for monitoring, implementation and accountability with respect to human rights have rarely been put in place at the city level.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
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. 16
- Paragraph text
- A second factor is the evolving understanding of the meaning of the right to housing. Twenty years ago, the idea of the right to housing as a "lever of transformational change" was far less sophisticated than today. Up until the 1990s, both internationally and nationally, the fulfilment of the right to adequate housing was generally conceived of as an aspirational goal of Governments. By the end of the millennium, however, the "second generation" status of economic, social and cultural rights had eroded, and the right to housing was understood as having the capacity to empower rights holders to become active participants in decision-making, challenge stigmatization and exclusion and provide access to justice and effective remedies. It was also understood that States can be held accountable for measures taken to progressively realize the right to housing, including through the adoption of housing strategies and appropriate budgetary allocations. Such measures must be assessed for compliance with human rights and engage with international, national, subnational and local initiatives and strategies.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2015
Paragraph
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. 17
- Paragraph text
- These historic developments have fundamentally changed the approach to realizing the right to adequate housing from an aspirational model focused exclusively on commitments by national-level Governments to a more dynamic understanding of the role rights claimants and social movements must play in combination with all levels of governments and non-governmental actors in the realization of the right to adequate housing. This is reflected in the fact that a growing number of countries have given constitutional recognition to the right to adequate housing, domestic courts have increasingly adjudicated claims to the right to adequate housing, and the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (General Assembly resolution 63/117, annex) has entered in force, creating an individual complaints procedure. This shift in approach to the right to adequate housing, however, has not yet fully taken root at the local level, where key actors are less aware of international and constitutional norms and where access to justice is often lacking.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2015
Paragraph
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. 18
- Paragraph text
- The challenge of Habitat III is to ground a new urban agenda in an updated and more dynamic understanding of how the right to adequate housing can ground a transformational process of realizing the goals of inclusive sustainable cities in which everyone has access to adequate housing. The new urban agenda is the right space at the right time to embrace and articulate a new human rights framework for cities: an urban rights agenda. And within this human rights framework, the right to adequate housing and associated obligations of all relevant actors must be clearly articulated and firmly rooted.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2015
Paragraph
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. 19
- Paragraph text
- Incorporating the right to housing as a pillar in a new urban agenda will have important ramifications. The right to housing is the right to a home that is secure and connected to services, employment opportunities and urban life. Beyond walls and a roof, it requires individuals and households to have access to water, sanitation, electricity, schools, health care and other services, such as waste management, roads, sewage systems and access to transportation.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Social & Cultural Rights
- Water & Sanitation
- Person(s) affected
- All
- Year
- 2015
Paragraph
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. 20
- Paragraph text
- The right to housing demands a people-centred approach. It takes as its starting point the capacities of those who are homeless or living in inadequate housing to become both central agents and prioritized stakeholders of housing policy and programmes. As such these groups must be meaningfully consulted, have access to relevant information in a timely fashion and be included in planning processes and the design and implementation of policies. The right to housing engenders new social, economic and political relationships through which rights holders may be empowered to define and claim their rights and effect social and political change necessary for their realization.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2015
Paragraph
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. 21
- Paragraph text
- The right to housing includes many components that must be realized progressively. All levels of government have obligations to adopt strategies for the realization of the right to housing, including strong provisions against discrimination and for equality in all policies related to access, availability and affordability of housing and related-services. Such strategies must include measureable goals and targets, and reasonable timelines for reaching those goals, as well as mechanisms for monitoring, assessing and ensuring progress or taking corrective measures when necessary. In this way, human rights obligations engage directly with the challenge of meeting goals and targets adopted in the new urban agenda.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2015
Paragraph
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. 22
- Paragraph text
- The right to housing is beneficial for its clarity as to who bears the duty to ensure rights for whom. While national Governments ratify international human rights treaties, local and subnational governments are also responsible for implementing international human rights obligations (see A/HRC/28/64). An urban rights agenda must clarify responsibilities with respect to the right to housing and ensure effective coordination and accountability among various levels of government, from national to local. Policies and programmes of different ministries must be informed by and consistent with the right to housing and monitored and assessed regularly.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2015
Paragraph
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. 23
- Paragraph text
- An urban rights agenda must also ensure better understanding of the responsibilities and obligations of a broad spectrum of private and other non governmental actors, including public-private partnerships and large corporations as well as smaller real estate developers, those who provide rental accommodation and providers of services like waste management. The private sector has an increasingly central role in urban development and a direct impact on public policy at the urban level. The private sector must be properly regulated and incentivized to ensure that its actions or omissions do not undermine human rights standards.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
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. 24
- Paragraph text
- Fiscal accountability is also a critical and often neglected element of a rights-based approach. The realization of the right to adequate housing requires appropriate use and distribution of resources. Under international human rights law, governments are required to give priority to human rights in budgeting by allocating the "maximum of available resources" and using "all appropriate means" to realize the right to adequate housing and related rights.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2015
Paragraph
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. 25
- Paragraph text
- Access to justice in cities to claim and enforce the right to adequate housing is also critical, not simply to ensure meaningful accountability but also as a means to identify and remedy barriers that need to be addressed in order to maximize efficiency and effectiveness of programmes. Recent studies suggest, for example, that there are often cost savings for governments if the structural causes of homelessness are addressed and remedied rather than continuing to incur greater costs of policing, emergency services, health care and loss of productivity associated with homelessness. In this regard, accessible mechanisms for implementing and adjudicating the right to adequate housing in cities are important, including human rights institutions working at the city level, civil society and non-governmental organizations that advocate for rights, ombudspersons, mediation officers, administrative tribunals and courts.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2015
Paragraph
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. 26
- Paragraph text
- Just as cities can become the nests for new and innovative advances in architecture, culture, education and economic growth, they can also become generators of new, vibrant and inclusive exchanges of ideas and information about realizing rights. While the pluralism and diversity found in many cities can be a source of significant conflict and lead to exclusion and violations of human rights, they can also nourish a human rights-friendly culture. Recent years have witnessed the emergence of new and dynamic human rights movements in cities. It is essential to engage with social movements and urban communities, as they can drive and nurture commitments to the right to adequate housing. As a result of some of these struggles, cities have adopted charters, ordinances and other legal mechanisms which affirm social inclusion and the right to adequate housing. Habitat III is an opportunity to harness these rights-oriented urban social movements and create stronger collaborations between them, with the shared goal of the realization of the right to adequate housing.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
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. 27
- Paragraph text
- In order to understand where we are on the road to Habitat III, it is instructive to look back as well as to look ahead. The Millennium Development Goals were adopted just four years after Habitat II and influenced dominant approaches to human development, which in turn affected the implementation of Habitat II.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2015
Paragraph
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. 28
- Paragraph text
- The Millennium Development Goals established an international agreement around seven goals linked to ending poverty, each with specific targets and indicators. In doing so, they created an international consensus regarding the select issues that were included in the agenda. While lacking references to human rights, the Millennium Development Goals affirmed certain goals that resonated with human rights to an adequate standard of living, food, work, water and sanitation, aiming to eradicate poverty and hunger, achieve full and productive employment and decent work for all and halve the number of people denied access to safe drinking water and basic sanitation by 2015.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Water & Sanitation
- Person(s) affected
- All
- Year
- 2015
Paragraph
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. 29
- Paragraph text
- Housing, however, was a clear outlier in the seven Millennium Development Goals. Housing or homelessness were nowhere specifically mentioned. The only housing-related target (Target 7.D: "By 2020, to have achieved a significant improvement in the lives of at least 100 million slum dwellers") was placed under the goal of environmental sustainability in Goal 7. The target suffered from vagueness and damaging interpretations. It allowed national assessment reports to reference almost any improvement, even if only marginal; and a focus on data regarding the proportion of the urban population living in slums as a key indicator encouraged forced evictions that were in fact contrary to human rights law. The target of 100 million was a drop in the bucket compared to the more than one billion people living in inadequate or slum-like conditions and it was detached from key human rights concerns, such as ensuring access to adequate housing, including security of tenure for all.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2015
Paragraph
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. 30
- Paragraph text
- Upon their adoption, the Millennium Development Goals appeared to sweep over processes already under way to implement the Habitat Agenda (see para. 13 above). The vague and inadequate target regarding slum dwellers appears to have been conflated with a commitment to the progressive realization of the right to adequate housing as articulated in the Habitat Agenda. Although originally intended as an international reference tool to highlight some issues, the Millennium Development Goals evolved into a blueprint for progress and prioritization at the national level, shaping financing for development agendas. They were widely used in national policymaking and in budget discussions, relegating issues not included in the Millennium Development Goals to the status of secondary priorities, with resources and political will divested accordingly. Statistical targets became confused with the realization of rights. As a result, it was not a surprise that the target of improving the lives of a tiny proportion of those living in slum-like conditions was soon reached when, in reality, substandard housing conditions and homelessness continued to increase around the world.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2015
Paragraph
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. 31
- Paragraph text
- The Millennium Development Goals had a direct and detrimental impact on the development of a rights-based pro-housing urban agenda. Essential aspects of the right to housing in urban centres were rendered invisible, in particular, security of tenure, homelessness, adequate location and affordability of housing and related services - none of which were referenced in the Goals. The focus on housing structures and bathrooms in target 7.D diverted attention from the critical economic, social, governance and environmental challenges of urbanization identified by Habitat II. Moreover, the Millennium Development Goals lacked accountability mechanisms, with no reference to meaningful engagement with rights holders, access to justice or the realization of the right to adequate housing as would have been the case had human rights been used to unite the Goal under a common framework for their implementation.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2015
Paragraph
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. 32
- Paragraph text
- The Special Rapporteur is mindful that the present report is prepared on the eve of the adoption of the post-2015 development agenda. The content of the sustainable development goals appears to have taken on board some of the lessons learned from the experience of the Millennium Development Goals. As it stands, the final draft of the outcome document articulates a renewed commitment to fostering inclusive societies, combating inequality, ensuring equal access to justice and respect for all human rights. In particular, the document refers to the right to development, the right of self-determination, women's equal rights to economic resources, reproductive and labour rights and the right to an adequate standard of living, including food and water. Nowhere, however, does the document refer to the right to adequate housing.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Women
- Year
- 2015
Paragraph
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. 33
- Paragraph text
- Goal 11 commits States to "make cities and human settlements inclusive, safe, resilient and sustainable". Among the specific targets, target 11.1 says: "By 2030, ensure access for all to adequate, safe and affordable housing and basic services and upgrade slums". Although the absence of any reference to the right to adequate housing is troubling, the specific reference to access to adequate housing for all is important, as it at least provides a link to a more coherent framework connected to existing human rights obligations. It is not entirely clear, however, how the standard of "adequate, safe and affordable housing" relates to international human rights norms with respect to the right to housing, such as safety, affordability, cultural adequacy and accessibility, among others. Moreover, the reference to upgrading slums, without specifying criteria or referring to the rights of those who currently live there, could be subject to the same kinds of ad hoc interpretations as were applied to target 7.D of the Millennium Development Goals, failing to address the actual needs of residents of informal settlements or to recognize all aspects of their right to housing. Lack of security of tenure, forced evictions and homelessness - three housing issues that define the experiences of hundreds of millions of people worldwide - have been central concerns of human rights bodies in relation to the realization of the right to housing, yet these issues are not referenced at all in goal 11. And the idea of adopting measures to halt the expansion of informal settlements with their deplorable conditions finds no place.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2015
Paragraph
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. 34
- Paragraph text
- In the Special Rapporteur's view, there is a real risk that the implementation framework for the sustainable development goals will remain exclusively focused on statistical measurement and assessment without the meaningful accountability, participation, legislative action or access to justice that is required for the realization of all human rights. International human rights standards regarding development-based displacement, allocation of maximum of available resources, the adoption of national and urban housing and homelessness strategies and the obligation to take immediate steps to address discrimination and inequality - all of which are key to the enjoyment of the right to housing - have thus far not received much attention in discussions. In general, the continued neglect of the right to adequate housing in the sustainable development goals creates well-founded concern that commitments made to the right to adequate housing at Habitat III might very well be sidelined.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2015
Paragraph
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. 35
- Paragraph text
- This cannot be allowed to occur. Habitat III must be approached as the critical opportunity to elaborate, concretize and give meaning to target 11.1 of the proposed sustainable development goals while also safeguarding its vital link to binding international human rights obligations. Habitat III must endeavour to narrow the gap between rhetorical commitments and their effective implementation. Habitat III is where States and local governments can insist that the right to adequate housing not be relegated to the margins, and rather that it be reaffirmed as a core commitment, placed at the centre of a new urban rights agenda and implemented as a prerequisite for sustainable, prosperous cities for all.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- N.A.
- Year
- 2015
Paragraph
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. 36
- Paragraph text
- There is a considerable range of interrelated issues to be addressed at Habitat III, with 22 issue papers under discussion in six policy areas. A human rights framework with the right to housing at its core can help prioritize competing issues, it can provide a coherent, unifying framework, and it can engage multiple stakeholders in an ongoing transformational process towards the realization of the goal of adequate housing for all.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
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. 37
- Paragraph text
- In the Special Rapporteur's view, there are five critical cross-cutting areas upon which an urban rights agenda - with the right to housing as a pillar - should focus: (a) social exclusion: stigmatization and housing status; (b) migration; (c) vulnerable groups; (d) land and inequality; and (e) informal settlements.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
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. 38
- Paragraph text
- Urbanization has created new patterns of discrimination and inequality based on spatial and socioeconomic marginalization. Exclusionary patterns of governance and citizenship have given disproportionate power and influence to property owners and investors while depriving those without land or property of a meaningful say in decisions that will have significant impact on their lives and on their ability to obtain housing. Refugees, migrants, persons with disabilities, children and youth, indigenous peoples, women and minorities are most likely to find themselves homeless or relegated to the most marginal and unsafe places in cities, treated as non-citizens or outsiders.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Children
- Ethnic minorities
- Persons on the move
- Persons with disabilities
- Women
- Youth
- Year
- 2015
Paragraph
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. 39
- Paragraph text
- Housing status, such as being homeless or a "squatter" or a resident of an informal settlement, has become more than a marker of deprivation in cities. It has become a social identity that is often the basis for stigmatization and discrimination, limiting opportunities and creating further obstacles to inclusion and equality.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Year
- 2015
Paragraph
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. 40
- Paragraph text
- In some cases, survival strategies of those who are homeless or have no access to land have been criminalized (see A/66/265). Public space has become contested space: rather than being designed to meet the needs of those who are homeless as well as others, public spaces have been designed to drive out the homeless. In many developed countries it has become common to enact legislation prohibiting, and sometimes criminalizing, activities such as "loitering", "panhandling", outdoor charity food services and sleeping in public spaces. Park benches are even designed to prevent homeless people from lying down. Marginalized groups - particularly street children and those who are homeless - are "cleared" from urban areas in order to attract new businesses, tourists and investors or to host mega events (see A/HRC/13/20). In these ways, many of those who have come to cities as a result of displacement or discrimination find themselves revictimized by further displacement and discrimination.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2015
Paragraph
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. 41
- Paragraph text
- Although some of the structural causes of inequality in cities and some of the grounds and experiences of discrimination are new, an international human rights framework can be responsive. The Committee on Economic, Social and Cultural Rights has now recognized discrimination based on social or economic situation, including homelessness or other housing status, as a prohibited ground of discrimination. The Human Rights Committee and other treaty bodies have begun to engage directly with these issues. The guiding principles on extreme poverty and human rights specifically reference the need for States to repeal or reform laws that "criminalize life-sustaining activities in public places, such as sleeping, begging, eating or performing personal hygiene activities".
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2015
Paragraph
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. 42
- Paragraph text
- A rights-based approach to contested public space does not resolve every dispute in favour of those who are required to use public space as their home for lack of any alternative. It does, however, reject the stigmatization and criminalization of homeless people frequently invoked to reserve public space for the more advantaged. Those who are forced to use public space as their homes must be treated with respect and dignity and afforded protection from arbitrary or unreasonable eviction. The solution to homelessness is not further displacement or discriminatory treatment, but rather ensuring access to viable, long-term housing as a matter of choice.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2015
Paragraph
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. 43
- Paragraph text
- Urbanization is directly linked to migration and displacement, and housing for migrants and internally displaced persons is currently one of the most serious challenges for cities. There are over 1 billion persons considered migrants worldwide, of whom approximately one quarter have migrated to another country, with the majority locating to cities. According to recent estimates, since 2008, about 26.4 million people have been displaced by disasters alone each year.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
Paragraph
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. 44
- Paragraph text
- Migrants and internally displaced persons are often treated as outsiders, left out of local decision-making processes and frequently subjected to discriminatory or xenophobic attitudes. Residency status and citizenship are often used as eligibility criteria for subsidized housing programmes, forcing many migrants to rely on unregulated private housing in overcrowded, inadequate and informal settings, often resulting in homelessness.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2015
Paragraph
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. 45
- Paragraph text
- Many who are displaced or migrate to cities are dislocated from their cultural, economic and family lives. Those coming from rural areas find themselves landless and lacking any sense of identity in the urban context. Indigenous peoples who have been displaced from their ancestral lands and traditional practices are particularly vulnerable to homelessness, discrimination and social exclusion when they move to cities.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2015
Paragraph
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. 46
- Paragraph text
- While the structural causes of migration and displacement must be addressed by all levels of government and by the international community, the need of new arrivals for housing and related services, as well as their related need to retain their cultural practices, identity and sense of community, must be met in cities. Local governments are increasingly responsible for addressing housing needs linked to migration and displacement to cities, yet they often lack the necessary resources and capacity to provide adequate housing and services. Moreover, local governments may themselves respond in a discriminatory and punitive fashion to migrants or the internally displaced. It has become alarmingly common for foreign migrants, especially those who are undocumented, to be deprived of social protection, including emergency shelters, in cities - sometimes at the insistence of national-level Governments that provide funding for housing and social protection programmes. Such discrimination and the resulting homelessness among migrants impose further costs on cities. Ensuring that migrants have a secure place to live, can access rental accommodation and can choose to live in the most appropriate and affordable neighbourhoods is essential to combatting their exclusion and imbuing in them a sense of belonging in the city.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
Paragraph
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. 47
- Paragraph text
- Xenophobia and discrimination against those who are considered "outsiders" has long been a central concern of human rights and it is important that these issues also be recognized and addressed as human rights issues in cities. Human rights norms and legal protections can play an important role in clarifying governments' obligations to develop programmes and responses to the distinctive needs of migrants as well as of vulnerable people affected by natural disasters and internal conflict (see, for example, A/65/261 and A/HRC/14/30).
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
Paragraph
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. 48
- Paragraph text
- At the national level, relevant jurisprudence has also emerged. In case T-025 in Colombia, for example, the Constitutional Court required the implementation of effective programmes to respond to the unconstitutional state of affairs confronting internally displaced persons, where 63.5 per cent of the displaced population had inadequate housing and 49 per cent lacked access to appropriate public utilities. In Bhim Prakash Oli et Al. v. Government of Nepal et al, a case involving internally displaced persons, relying on international human rights law, the Supreme Court of Nepal held that the State was required to implement and monitor non discriminatory, holistic plans and programmes to integrate displaced populations into existing housing priorities.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2015
Paragraph
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. 49
- Paragraph text
- In some situations, children and youth, including lesbian, gay, bisexual, transgender and intersex youth, and women can be vulnerable to violence, requiring access to safe housing and basic services if they are to thrive in the urban context. These groups are often forced into homelessness by sexual and other violence, socioeconomic deprivation, and religious and cultural intolerance within their homes or communities. A sound housing structure does not guarantee safety within housing for these vulnerable groups. When women, children and youth leave their homes, they require both short- and long-term support to secure adequate housing, as they often lack the means to secure housing themselves. In this regard, diverse, culturally appropriate options must be made available.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Person(s) affected
- Children
- LGBTQI+
- Women
- Youth
- Year
- 2015
Paragraph
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. 50
- Paragraph text
- To attend to the needs of diverse groups and ensure accountability, it is important that housing safety issues be addressed within a human rights framework. At a minimum, according to international human rights obligations, cities must ensure that there are safe places for people to reside when their homes become dangerous. Basic services like sanitation and water must be available in a manner that poses no risk to safety (see A/HRC/21/42, paras. 39 and 40) and housing design must be responsive to the needs of particular vulnerable groups, as articulated by those groups.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Water & Sanitation
- Year
- 2015
Paragraph
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. 51
- Paragraph text
- Urban environments have served as a barrier to the inclusion and participation of persons with disabilities. Persons with disabilities face widespread lack of accessibility to built environments, including housing, public buildings and spaces, and to basic urban services such as sanitation and water, health, education and transportation. Cultural attitudes including negative stereotyping and stigma also contribute to the exclusion and marginalization of persons with disabilities in urban environments. In its articles 8 and 9, the Convention on the Rights of Persons with Disabilities emphasizes the importance of mainstreaming disability issues in all strategies of sustainable development and obliges States to ensure that housing is adequate, accessible and barrier free for person with disabilities.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Water & Sanitation
- Person(s) affected
- Persons with disabilities
- Year
- 2015
Paragraph
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. 52
- Paragraph text
- Under international human rights law, policies and programmes must be designed in ways that take into account the experiences and realities of marginalized groups so that their disadvantage is addressed in real terms. This is because equality is understood "substantively" and not just "formally". Even where laws and policies appear to be "fair" by treating everyone the same, the experience or effect of laws and policies can be discriminatory owing, for example, to a person's socioeconomic status, housing status or gender. States and subnational governments are obliged to address the needs of those in the most desperate housing situations as a matter of priority and urgency. Positive measures must be taken to reduce stigmatization and address the needs of homeless women and men, residents of informal settlements, low-income households and other groups lacking access to adequate housing.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Men
- Women
- Year
- 2015
Paragraph
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. 53
- Paragraph text
- While cities are, for some, places of opportunity and the engines of economic development, for many others they are sites of poverty, inequality and exclusion. The drive for economic growth, to create "world-class cities" and to attract international and domestic investment, has too often occurred at the expense of social inclusion and protection. Increased economic opportunities in cities should provide a lever for greater inclusion and socioeconomic equality, yet urban economies have generally tended to deepen inequality. This tension, between cities as economic drivers and cities as generators of inequality, plays out distinctly with respect to land.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Poverty
- Person(s) affected
- All
- Year
- 2015
Paragraph
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. 54
- Paragraph text
- Those who are affluent and own land, homes or other property in cities have dramatically increased their wealth because of speculation and inflation of values. Those who cannot afford ownership face increasing housing costs and are driven to the outskirts of cities or to informal settlements, dislocated from their sources of livelihood and lacking security of tenure. Inequality in access to land and property, affecting marginalized groups including women, migrants and all those living in poverty, has become embedded in housing inequality and spatial segregation, dividing cities between those who own land and property and have access to basic services and infrastructure and those who do not.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Poverty
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Women
- Year
- 2015
Paragraph
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. 55
- Paragraph text
- Other urban patterns linked to land and property have increased inequality and social exclusion; these include privatization of social housing, public land and infrastructure; predatory lending practices; increased use of urban land and housing as investment assets within a globalized financial market; heightened control of urban land by wealthy individuals and corporate interests; environmental degradation of land and water in areas occupied by marginalized groups; unregulated real estate markets; conversion of land used for housing to commercial uses; land grabbing; and the disproportionate influence of private interests in land use planning.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Social & Cultural Rights
- Person(s) affected
- All
- N.A.
- Year
- 2015
Paragraph
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. 56
- Paragraph text
- In response to these systemic patterns of inequality and social exclusion with respect to land, human rights movements have emerged in cities with proposals for a reorientation of land and property rights that prioritizes the social function of land and its central role in the realization of the right to adequate housing. Ensuring more equitable access to land and property and the prevention of land grabbing is central to many struggles for housing rights in cities. The human rights agenda of Habitat III must be informed by these creative approaches to urban land and property. Unless the primacy of human rights over market forces and private profit is entrenched, a new urban agenda that reduces inequalities and is based on inclusion and sustainability will be unachievable.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
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. 57
- Paragraph text
- In much of the world, urbanization has become synonymous with the emergence and expansion of informal settlements. Around one quarter of the world's urban population, or approximately 828 million people, live in informal settlements. What this means in real terms, in human terms, is the denial of almost every human right and a constant assault on human dignity. Life in an informal settlement at its worst can entail lack of clean, running water, sanitation services and electricity, open defecation, overcrowding, houses overrun by rodents, lack of garbage disposal, living in structurally unstable homes easily destroyed by extreme weather, living in the most undesirable and sometimes dangerous areas and living under constant threat of forced eviction. And if the actual housing conditions are not bad enough, informal settlements often lack nearby services such as health-care facilities and schools, and often offer no employment opportunities or places for children to play. Young people are left to languish and informal settlements can easily become breeding grounds for conflict and violence.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Social & Cultural Rights
- Person(s) affected
- Children
- Youth
- Year
- 2015
Paragraph
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. 58
- Paragraph text
- Informal settlements, however, are not just the sum total of deprivations, but are also often the result of concerted decisions that have displaced people, denied them services and refused them recognition and security of tenure. This suggests that "upgrading slums" will not result in the systemic change necessary to slacken the pace of the development of informal settlements. The causes will have to be addressed alongside the symptoms, otherwise it will be a zero-sum game: for every slum that is upgraded, another will be created.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2015
Paragraph
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. 59
- Paragraph text
- When visiting residents of informal settlements, one is invariably struck by the human capacity to create vibrant communities with dignity and beauty despite the gross lack of almost everything. This capacity can be better harnessed; residents of informal settlements usually can identify the structural causes of their conditions, and they know well their needs and the barriers to meeting their needs. Frequently, they have a vision for their future and the future of their communities and can develop effective and targeted solutions. Engaging residents to participate in realizing their right to adequate housing is consistent with a human rights framework. For this to happen, local and national governments must be willing to recognize these communities as legitimate participants in urban democracy and as drivers of their own well-being.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Year
- 2015
Paragraph
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. 60
- Paragraph text
- The fact that approximately one in four urban residents lives in informal settlements or is homeless, and that many more are living in inadequate housing, is evidence of a critical systemic failure of the international community, national and local governments and other actors to coordinate and design relevant legislation, programmes and policies in a manner that is consistent with the right to adequate housing. Implementing an urban rights agenda where the right to housing is enjoyed by all, including the most vulnerable and marginalized populations, will require significant reassessment and redesign of urban law and policy.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2015
Paragraph
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. 61
- Paragraph text
- Access to adequate housing in the urban context is linked to a wide array of laws and programmes that go beyond traditional notions of housing policy. As the Committee on Economic, Social and Cultural Rights has noted, it requires "coordination between ministries and regional and local authorities in order to reconcile related policies (economics, agriculture, environment, energy, etc.)." Trade and investment agreements, constitutional provisions, conditions attached to funding agreements, land use restrictions and municipal by-laws, for example, all may affect the capacity of cities to ensure access to housing.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
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. 62
- Paragraph text
- Programmatic measures to enhance access to affordable housing are also wide-ranging and interrelated, and may include a variety of approaches, including direct grants and subsidies for housing to poor households, rent regulation, mixed housing tenures, quotas for real estate developers to include housing for low- and middle-income households, housing loans with lower interest rates or softer conditions, neighbourhood upgrading and revitalization projects and community support for people with mental health disabilities. Housing programmes along with other related programmes, laws and agreements interact to form a holistic, multilayered framework.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons with disabilities
- Year
- 2015
Paragraph
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. 63
- Paragraph text
- A central question at Habitat III will be how to bring coherence and strategic transformation to interactive systems of law and policy so that the new urban agenda genuinely promotes sustainable urban development and access to adequate housing for all. A human rights approach focused on the right to adequate housing is critical to meeting this challenge, because it provides an overarching framework and vision that binds an array of laws and policies within a common purpose and shared set of values.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
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. 64
- Paragraph text
- Inadequate housing, homelessness and the informal settlements in cities must be addressed not only as a failure of housing and upgrading programmes but primarily as a failure of existing laws to ensure human rights. Residents of informal settlements lack both housing structures and basic legal protections, such as security of tenure, health and safety protections and entitlements to services. They are deprived not only of housing but of the protections afforded by the rule of law, which in turn makes them vulnerable to further deprivations.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Year
- 2015
Paragraph
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. 65
- Paragraph text
- Obligations of States to maintain the rule of law are too often considered primarily in relation to legal protections of existing title to property or contractual economic relationships. Under the rule of law, however, fundamental human rights must be guaranteed, including the right to adequate housing. An urban rights agenda will require a more inclusive approach to the rule of law in cities than has been applied in the past, focused on the need to effectively address the circumstances of those who have had no access to legal title to land, housing or property. The right to housing must be fully incorporated within urban law as a right not only to physical and environmental aspects of housing but also to the equal protection of the law, with full protection of security of tenure, health and safety and entitlement to basic services, livelihood and cultural life. Laws and policies must be subject to ongoing review so as to adjust to emerging patterns of exclusion or to address previously unrecognized circumstances.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2015
Paragraph
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 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.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2015
Paragraph
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. 67
- Paragraph text
- Incorporating the right to adequate housing and related rights as vital components of urban law also requires institutional support. City governments, city-based human rights committees, ombudspersons, human rights charters and legislative housing strategies with monitoring and accountability mechanisms can play an important role in promoting rights-conscious decision-making, ensuring access to justice and ensuring that human rights are not ignored in decision-making.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
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. 68
- Paragraph text
- Urban finance is a critical area of law and policy that has too often been neglected in human rights review and accountability. Rights can quickly become illusory if fiscal policy is not aligned with them. Rights-based urban governance and finance require a reorientation of democratic accountability to include fiscal policy. The focus needs to shift from the interests of those who traditionally determine economic priorities - investors, developers and businesses - toward the interests of those in need of adequate housing and basic services.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
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. 69
- Paragraph text
- National Governments must ensure that when city governments are allocated the responsibility for housing and related programmes, they have access to the resources necessary to fulfil their human rights obligations. Maladministration and corruption within program planning, implementation and regulation should also be seen and addressed as a human rights issue, as a violation of governments' obligations to apply the maximum of available resources to the realization of the right to adequate housing.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2015
Paragraph
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. 70
- Paragraph text
- The Special Rapporteur believes that it is also important to consider various redistributive and cost-recovery mechanisms in cities from a human rights standpoint. Expenditure on public space, infrastructure, recreational facilities and cultural and artistic activities too often benefits more advantaged households to the detriment of the needs of the vast majorities. Pricing of rental housing, water, sanitation and electricity should ensure affordability for low-income households rather than direct cost recovery. Private providers of housing and infrastructure must be regulated in a manner that accords with the fact that, while housing and infrastructure are often treated as commodities, they are fundamental human rights, requiring significant adjustments to prevailing business models. Adjusted pricing of services for low-income households, for example, has been proven to be an efficient business model which at the same time facilitates access to housing, water, sanitation and electricity that might otherwise be denied. Human rights-based tax audits have also been effective in ensuring that revenue collection at the city level is aligned with obligations to apply the maximum of available resources to realize the right to housing.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Water & Sanitation
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
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. 71
- Paragraph text
- In all of these areas, recognizing the paramountcy of the right to adequate housing brings coherence to wide-ranging urban law and policy and provides a common framework of values to guide decision makers at all levels of government, and in a myriad of different areas and programmes, toward a common purpose and a new urban rights agenda.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- N.A.
- Year
- 2015
Paragraph
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. 72
- Paragraph text
- On its current path, urbanization is simply unsustainable. The majority of people in cities worldwide suffer gross inequality, many living in deplorable or unaffordable housing conditions, vulnerable to forced evictions and homelessness and constantly fearing for their safety and security. Millions continue to move to cities in search of opportunities, services and a better life. At the same time, a select few continue to accrue astonishing levels of wealth and power, including from land and housing speculation. Change is required. Habitat III represents an essential opportunity to forge a new way forward, one with the right to adequate housing at its core.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2015
Paragraph
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. 73
- Paragraph text
- Human rights can be transformational. The present report has outlined their tremendous capacity in the urban context. With the right to adequate housing as a pillar, a human rights framework can provide the coherence and consistency sorely needed to achieve sustainable, inclusive cities for all. Housing is a major component of any city and central in the lives of those who are marginalized or face situations of vulnerability, and States and local governments have core obligations to uphold the right to adequate housing. Housing cannot be sidelined.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2015
Paragraph
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. 74
- Paragraph text
- Embracing the right to adequate housing as a framework for a new urban agenda will require innovative and creative ideas and approaches. It challenges how we govern, what issues and interests are prioritized, the allocation of resources and the nature of the laws, policies and programmes developed. It establishes who is accountable to whom, facilitates the participation of those who are marginalized in decisions that fundamentally affect their lives, and lays out the steps required for implementation. This is the road less travelled, but an urban rights agenda is the way forward.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2015
Paragraph
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. 75
- Paragraph text
- In this context, the Special Rapporteur recommends that a new urban agenda be based in human rights, with the right to adequate housing as a pillar. An urban rights agenda with consistent reference to human rights law, standards and obligations will provide coherence and a common purpose to the array of issues to be addressed at Habitat III.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
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. 76a
- Paragraph text
- [The Special Rapporteur recommends that the urban rights agenda should:] Elaborate, concretize and give meaning to target 11.1 of the proposed sustainable development goals regarding access to adequate housing for all, while also safeguarding its vital link to binding international human rights obligations;
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- All
- N.A.
- Year
- 2015
Paragraph
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. 76b
- Paragraph text
- [The Special Rapporteur recommends that the urban rights agenda should:] Clearly articulate the respective and shared responsibilities of national and local governments to ensure the realization of the right to adequate housing in accordance with international human rights law;
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
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. 76c
- Paragraph text
- [The Special Rapporteur recommends that the urban rights agenda should:] Clarify the responsibilities of States in relation to international cooperation and assistance and extraterritorial activities affecting the right to adequate housing in cities. In this regard, the responsibilities of international financial institutions, development agencies and international organizations should also be clarified;
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
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. 76d
- Paragraph text
- [The Special Rapporteur recommends that the urban rights agenda should:] Commit to enhanced regulation of private actors and markets consistent with the recognition of housing as a human right. In particular, measures should be adopted to prevent forced eviction, land grabbing, speculation and leaving homes or lands (that could otherwise be used) abandoned. Housing markets and financial institutions should be regulated to prevent unnecessary volatility, predatory lending and mortgage crises, such as those experienced in recent years;
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2015
Paragraph
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. 76e
- Paragraph text
- [The Special Rapporteur recommends that the urban rights agenda should:] Reflect the experiences of city residents and establish a process of ongoing participation and engagement, particularly with those who currently lack access to adequate housing. Access to justice should be ensured for all aspects of the right to adequate housing. Human rights institutions, ombudspersons and other human rights bodies should be actively engaged in promoting and protecting the right to housing at the city level;
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2015
Paragraph
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. 76f
- Paragraph text
- [The Special Rapporteur recommends that the urban rights agenda should:] Focus on eliminating social exclusion, inequality and discrimination as human rights violations and prevent the criminalization and stigmatization of people on the basis of their housing status. Particular housing experiences and needs of all migrants, displaced persons, persons with disabilities and women, children and youth in situations of vulnerability should be addressed;
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Children
- Persons on the move
- Persons with disabilities
- Women
- Youth
- Year
- 2015
Paragraph
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. 76g
- Paragraph text
- [The Special Rapporteur recommends that the urban rights agenda should:] Ensure incorporation of the right to adequate housing and other human rights as paramount elements of all urban law, policy and programmes, including fiscal policy, resource allocation and land management;
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
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. 76h
- Paragraph text
- [The Special Rapporteur recommends that the urban rights agenda should:] Firmly commit to the elimination of homelessness and forced evictions, as two of the most serious systemic violations of the right to adequate housing in cities;
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2015
Paragraph
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. 76i
- Paragraph text
- [The Special Rapporteur recommends that the urban rights agenda should:] Commit to security of tenure for all households, including all residents of informal settlements. The guiding principles on security of tenure for the urban poor (A/HRC/25/54, sect. II) should be directly incorporated, particularly with respect to strengthening diverse tenure forms, prioritizing in situ solutions, promoting the social function of property, promoting women's security of tenure and ensuring access to justice;
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Women
- Year
- 2015
Paragraph
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. 76j (i)
- Paragraph text
- [The Special Rapporteur recommends that the urban rights agenda should:] The implementation of an urban rights agenda must include the following baseline human rights requirements: (i) A commitment to realize the right to adequate housing with clear goals and timelines for: a. Reducing and ultimately eliminating homelessness; b. Ensuring security of tenure and prevention of all forced evictions; c. Providing the full protection of law for residents of informal settlements; d. Ensuring access to adequate housing for all, including for residents of informal settlements;
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Social & Cultural Rights
- Year
- 2015
Paragraph
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. 76j (ii)
- Paragraph text
- [The Special Rapporteur recommends that the urban rights agenda should:] The implementation of an urban rights agenda must include the following baseline human rights requirements: The development of housing strategies by all levels of government in consultation with and with the full participation of stakeholders aligned with the urban rights agenda and international human rights law, and supported by human rights institutions;
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
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. 76j (iii)
- Paragraph text
- [The Special Rapporteur recommends that the urban rights agenda should:] The implementation of an urban rights agenda must include the following baseline human rights requirements: A clear articulation of the responsibilities of the range of actors required to implement an urban rights agenda, including all levels of government, cross-sectoral departments, civil society, human rights institutions and relevant national and international private actors;
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
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. 76j (iv)
- Paragraph text
- [The Special Rapporteur recommends that the urban rights agenda should:] The implementation of an urban rights agenda must include the following baseline human rights requirements: The use of human rights-based indicators to monitor the implementation of the urban rights agenda, measuring both the process of implementation and progressive outcomes. Indicators should focus not only on housing quality but also on access to justice for all aspects of the right to adequate housing, including security of tenure, non discrimination and positive obligations of governments towards marginalized groups.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
COVID-19 and the right to adequate housing
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2020
- Document code
- A/75/148
Document
Financialization of housing and the right to adequate housing
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2017
- Document code
- A/HRC/34/51
Document
Financialization of housing and the right to adequate housing 2017, para. 1
- Paragraph text
- The expanding role and unprecedented dominance of financial markets and corporations in the housing sector is now generally referred to as the "financialization of housing". The term has a number of meanings. In the present report, the "financialization of housing" refers to structural changes in housing and financial markets and global investment whereby housing is treated as a commodity, a means of accumulating wealth and often as security for financial instruments that are traded and sold on global markets. It refers to the way capital investment in housing increasingly disconnects housing from its social function of providing a place to live in security and dignity and hence undermines the realization of housing as a human right. It refers to the way housing and financial markets are oblivious to people and communities, and the role housing plays in their well-being.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2017
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 2
- Paragraph text
- Housing and real estate markets have been transformed by corporate finance, including banks, insurance and pension funds, hedge funds, private equity firms and other kinds of financial intermediaries with massive amounts of capital and excess liquidity. The global financial system has grown exponentially and now far outstrips the so-called real "productive" economy in terms of sheer volumes of wealth, with housing accounting for much of that growth.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 3
- Paragraph text
- Housing and commercial real estate have become the "commodity of choice" for corporate finance and the pace at which financial corporations and funds are taking over housing and real estate in many cities is staggering. The value of global real estate is about US$ 217 trillion, nearly 60 per cent of the value of all global assets, with residential real estate comprising 75 per cent of the total. In the course of one year, from mid-2013 to mid-2014, corporate buying of larger properties in the top 100 recipient global cities rose from US$ 600 billion to US$ 1 trillion. Housing is at the centre of an historic structural transformation in global investment and the economies of the industrialized world with profound consequences for those in need of adequate housing.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 4
- Paragraph text
- In "hedge cities", prime destinations for global capital seeking safe havens for investments, housing prices have increased to levels that most residents cannot afford, creating huge increases in wealth for property owners in prime locations while excluding moderate- and low-income households from access to homeownership or rentals due to unaffordability. Those households are pushed to peri-urban areas with scant employment and services.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Social & Cultural Rights
- Year
- 2017
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 5
- Paragraph text
- Elsewhere, financialization is linked to expanded credit and debt taken on by individual households made vulnerable to predatory lending practices and the volatility of markets, the result of which is unprecedented housing precarity. Financialized housing markets have caused displacement and evictions at an unparalleled scale: in the United States of America over the course of 5 years, over 13 million foreclosures resulted in more than 9 million households being evicted. In Spain, more than half a million foreclosures between 2008 and 2013 resulted in over 300,000 evictions. There were almost 1 million foreclosures between 2009 and 2012 in Hungary.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- Persons on the move
- Year
- 2017
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 6
- Paragraph text
- In many countries in the global South, where the majority of households are unlikely to have access to formal credit, the impact of financialization is experienced differently, but with a common theme - the subversion of housing and land as social goods in favour of their value as commodities for the accumulation of wealth, resulting in widespread evictions and displacement. Informal settlements are frequently replaced by luxury residential and high-end commercial real estate.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Social & Cultural Rights
- Year
- 2017
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 7
- Paragraph text
- While much has been written about the financialization of housing, it has not often been considered from the standpoint of human rights. Decision-making and assessment of policies relating to housing and finance are devoid of reference to housing as a human right. Issues related to business and human rights have received some attention in recent years. However, the housing and real estate sector - the largest business sector with many of the most serious impacts on human rights - appears to have been mostly ignored.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Year
- 2017
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 8
- Paragraph text
- A report on the topic is timely as States embark on the implementation of the Sustainable Development Goals. If the commitment in target 11.1 to ensure access for all to adequate, safe and affordable housing and basic services is to be achieved by 2030, it is essential to consider the role of international finance and financial actors in housing systems. That will help to identify and address more effectively patterns of systemic exclusion, to ensure more meaningful human rights accountability for issues of displacement, evictions, demolitions and homelessness, and the engagement of all relevant actors in the realization of the right to adequate housing.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2017
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 9
- Paragraph text
- Constructing human rights accountability within a complex financial system to which Governments are themselves accountable, involving trillions of dollars in assets, may seem a daunting task. However, the global community cannot afford to be cowered by the complexity of financialization. The present report aims to cut through some of the complexity and opaqueness of finance in housing to expose the central relevance and necessity of the human rights paradigm at multiple levels, from the international to the local.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 10
- Paragraph text
- The report builds on important work undertaken by the previous Special Rapporteur on the right to housing. In her 2012 report on the impact of finance policies on the right to housing of those living in poverty (A/67/286), she warned of emerging trends towards the financialization of housing encouraged by States' abandonment of social housing programmes and increased reliance on private market solutions. She documented attempts by States to rely on the private market and homeownership, which increases inequality and fails to address the housing needs of low-income and marginalized groups. More fundamentally, she called for a paradigm shift through which housing would once again be recognized as a fundamental human right rather than as a commodity. The present report takes up that challenge.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Poverty
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2017
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 11
- Paragraph text
- The right to adequate housing is, at its core, the right to a place to live in dignity and security. It is interdependent with other human rights, particularly the right to equality and non-discrimination and the right to life (see A/71/310). It is against those core human rights values that the actions of States in relation to financial actors and housing systems are to be assessed.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2017
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 12
- Paragraph text
- International and domestic financial institutions and markets are created and sustained by Governments and must be made accountable to States' human rights obligations. Millions of foreclosures, evictions and displacements and more than a billion people living in grossly inadequate housing conditions and homelessness worldwide signal, among other things, the failure of States and of the international community to manage the interaction between financial actors and housing systems in accordance with the right to adequate housing. The absence of any effective human rights monitoring or accountability in that sphere also signals the underestimation on the part of Governments, international and national human rights bodies, domestic courts, lawyers and advocates of the role that domestic, regional and international human rights law could play as a framework for both regulating financial actors and engaging financial systems in the realization of the right to housing.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Persons on the move
- Year
- 2017
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 13
- Paragraph text
- States' human rights obligations are commonly categorized on the basis of a tripartite division of obligations to respect, protect and fulfil human rights. A State must respect the right to housing by refraining from taking any action that would violate that right, protect individuals and communities from violations of the right to housing by third parties and fulfil the right to adequate housing to the maximum of its available resources, with a view to achieving progressively its full realization by all appropriate means, including particularly the adoption of legislative measures. The obligation to fulfil the right to housing includes adopting and implementing, in collaboration with stakeholders, strategies for the realization of the right to housing that clarify the responsibilities and roles of all levels of government, institutions and private actors, with goals, timelines, accountability mechanisms, appropriate budgetary allocations and measures to ensure access to justice.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2017
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 14
- Paragraph text
- The tripartite obligations of States in relation to the management of financial markets and the regulation of private actors are often interpreted too narrowly. Under international human rights law, States' obligations in relation to private investment in housing and the governance of financial markets extend well beyond a traditional understanding of the duty to simply prevent private actors from actively violating rights. The assumption, bolstered by neo-liberalism, that States should simply allow markets to work according to their own rules, subject only to the requirement that private actors "do no harm" and do not violate the rights of others, is simply not in accordance with the important obligation to fulfil the right to adequate housing by all appropriate means, including legislative measures.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 15
- Paragraph text
- The State must regulate, direct and engage with private market and financial actors, not simply to ensure that they do not explicitly violate rights, but also to ensure that the rules under which they operate and their actions are consistent with the realization of the right to adequate housing. States are obliged under international human rights to ensure that private investors respond to the needs of residents for secure, affordable housing and do not cater only to the wealthy or purchase homes simply to leave them empty.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2017
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 16
- Paragraph text
- State compliance with the right to adequate housing must ultimately be assessed in relation to the circumstances of rights-holders. A human rights framework for addressing the financialization of housing must challenge the way in which accountability to the needs of communities and the human rights obligations of Governments has been replaced with accountability to markets and investors. Mechanisms must be established for rights-holders to be fully heard and engaged in decisions that affect them. States must ensure that financial institutions and investors are responsive to the needs of marginalized communities, behave in a manner that is consistent with the full realization of the right to adequate housing and provide complaints procedures and access to effective remedies.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2017
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 17
- Paragraph text
- The Committee on Economic, Social and Cultural Rights has suggested that the obligation to fulfil incorporates both an obligation to facilitate and an obligation to provide. In the context of the critical relationship between housing and financial markets, the articulation of a State's fulfilment obligation to not only provide housing when needed but also to facilitate the implementation of the right to housing is helpful in capturing the wide range of States' obligations to ensure that financial markets and the actions of private investors work towards the realization of the right to adequate housing.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 18
- Paragraph text
- In addition to the more obvious requirements, within the framework of human rights, to ensure that housing developers exercise due diligence, comply with safety standards and adopt policies of non-discrimination, for example, States may also be required to ensure that investment in housing complies with a rights-based housing strategy and with the target of ensuring adequate housing for all by 2030. Private actors may be required to take particular steps to ensure access to credit for disadvantaged households and to address the needs of residents of informal settlements, women, migrants and people with disabilities. The obligation of States to facilitate the realization of the right to housing by establishing a coherent strategy at both the national and international levels with clearly allocated roles and responsibilities is central to the commitments made by States in the 2030 Agenda for Sustainable Development and the New Urban Agenda.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Persons with disabilities
- Women
- Year
- 2017
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 19
- Paragraph text
- The financialization of housing has its origins in neo-liberalism, the deregulation of housing markets, and structural adjustment programmes imposed by financial institutions and agreed to by States. It is also tied to the internationalization of trade and investment agreements which, as discussed below, make States' housing policies accountable to investors rather than to human rights. The financialization of housing is also the result of significant changes in the way credit was provided for housing and more specifically, of the advent of "mortgage-backed securities".
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 20
- Paragraph text
- Prior to the advent of mortgage-backed securities in the 1980s, the provision of credit for a housing purchase was generally an individualized contractual relationship between a single lender, usually a bank or a savings and loan institution, and a single creditor or homeowner. Mortgage-backed securities were promoted as a means of attracting additional lenders into the mortgage market by reducing the reliance on local financial institutions. They allowed for portfolios of mortgages to be bundled together, in order to distribute the risk more evenly among all of the mortgages, and sold to investors in the form of bonds or investment instruments on secondary bond markets. That created new conditions for global capital to be invested in housing finance.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 21
- Paragraph text
- The 2008 global financial crisis revealed the fragility, volatility and predatory nature of financialized housing markets and the potential for catastrophic outcomes both for individual households and for the global economy. In the United States of America, there were an average of 10,000 foreclosures per day in 2008, and as many as 35 million individuals were affected by evictions over a five-year period. Not only had people lost their homes but they faced personal financial ruin.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2017
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 22
- Paragraph text
- Many expected that the global financial crisis and its impact on the human rights of millions of households would act as an alarm bell, forcing States and international financial institutions to reassess the value of unbridled financialization and introduce reforms to ensure that the financial system addressed rather than exploited the housing needs of low-income households. Unfortunately, it seemed to have the opposite effect. Individuals and families who were affected by the crisis were often blamed for taking on too much debt and new rules and regulations were put in place to restrict their access to mortgages. Austerity measures cut programmes on which they had relied for access to housing options, and the march towards the financialization of housing continued. The States that were the most severely affected by the crisis assumed responsibility for billions of dollars' worth of distressed debt (high-risk mortgages) and arranged for them to be sold off to private equity funds, thereby increasing rather than decreasing the role and power of corporate finance in national housing systems.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Families
- Year
- 2017
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 23
- Paragraph text
- States have continued to focus on attracting capital and wealthy investors with reduced taxes and other benefits. Countries like Cyprus, Greece, Portugal and Spain, where harsh austerity measures have been implemented, have enacted policies to entice foreign investors into their domestic markets. One such measure, colloquially known as the "golden visa", allows foreign investors to receive permanent residence or even citizenship in exchange for a minimum amount of investment in property: €500,000 in Spain and Portugal, €300,000 in Cyprus and €250,000 in Greece. Australia has a similar programme for individual foreign investors who purchase $A 5 million in real estate through a real estate investment trust to qualify for an Australian significant investor visa. Programmes of that nature can contribute to housing affordability problems for local residents without providing any evidence of substantial benefits for the broader population.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2017
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 24
- Paragraph text
- The amount of money involved in the purchase of housing and real estate is almost impossible to digest. Cushman and Wakefield, an American global real estate services firm engaging in $90 billion worth of real estate sales per year, publishes an annual report entitled "The Great Wall of Money" which includes a calculation of the amount of capital raised each year for trans-border real estate investments. The total in 2015 was a record $443 billion, with residential properties representing the largest single share. The report notes that "cross border flows will continue to transform real estate investment across the globe".
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 25
- Paragraph text
- Housing and urban real estate have become the commodity of choice for corporate finance, a "safety deposit box" for the wealthy, a repository of capital and excess liquidity from emerging markets and a convenient place for shell companies to stash their money with very little transparency. In addition, corporate tax havens that generate massive amounts of profit immune from taxation, estimated at 30 per cent of global gross domestic product, are particularly attracted to housing and real estate. In most countries, residential investment provides many tax advantages, so that the housing system itself provides a tax haven for the rich (see A/67/286, pp. 11-12).
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 26
- Paragraph text
- Housing prices in so-called "hedge cities" like Hong Kong, London, Munich, Stockholm, Sydney and Vancouver have all increased by over 50 per cent since 2011, creating vast amounts of increased assets for the wealthy while making housing unaffordable for most households not already invested in the market. Land prices in the 35 largest cities in China have increased almost five-fold in the past decade and prices for urban land in the top 100 cities in China have increased on average by 50 per cent in the past year.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 27
- Paragraph text
- Corporate finance does not only profit from inflated prices in hedge cities, it also profits from housing crises. The global financial crisis created unprecedented opportunities for buying distressed housing and real estate debt, which was sold off at fire sale prices in countries such as Ireland, Spain, the United Kingdom of Great Britain and Northern Ireland and the United States of America. The Blackstone Group, the world's largest real estate private equity firm, managing $102 billion worth of property, spent $10 billion to purchase repossessed properties in the United States of America at courthouses and in online auctions following the 2008 financial crisis, emerging as the largest rental landlord in the country. Other major institutional players invested $20 billion to purchase approximately 200,000 single-family homes in the United States between 2012 and mid-2013. With the recovery of the United States housing market, Blackstone and other private equity firms have sought to take advantage of other buying opportunities in Europe and Asia. Cushman and Wakefield estimated that there was over €541 billion of distressed real estate debt in Europe in 2015, much of it held by public asset management companies such as the National Asset Management Agency in Ireland and the Sociedad de Gestión de Activos Procedentes de la Reestructuración Bancaria (company for the management of assets proceeding from the restructuring of the banking system) in Spain. The vast majority of that debt is being purchased by giant private equity firms.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 28
- Paragraph text
- Massive investment of capital into housing markets and rising prices should not be confused with the production of housing and the benefits that accrue from it. The bulk of real estate transactions of that sort do not create needed housing or long-term secure employment. When rented homes or mortgages are owned by remote investors, money mostly flows out of communities and simply creates greater global concentration of wealth. The new corporate interest in developing rental properties from homes sold in foreclosures has also raised concerns that there is a greater incentive to pursue foreclosures rather than modify a loan agreement to avoid an unnecessary eviction. The proliferation of foreign and domestic investment in short-term rental properties, such as for Airbnb, in countries like Portugal, has contributed to escalating prices of housing and changes to the make-up of neighbourhoods, without creating affordable housing or other benefits for the local population.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 29
- Paragraph text
- What is so stark about the pouring of those vast amounts of money into housing is that hardly any of it is directed towards ameliorating the insufferable housing conditions in which millions live. If even a portion of those amounts was directed towards affordable housing and access to credit for people in need of it, target 11.1 of the Sustainable Development Goals, to ensure adequate housing for all by 2030, would be well within reach. Financialization under current regimes, however, creates the opposite effect: unaccountable markets that do not respond to housing need, and urban centres that become the sole preserve of those with wealth.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2017
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 30
- Paragraph text
- A significant portion of investor-owned homes are simply left empty. In Melbourne, Australia, for example, 82,000 or one fifth of investor-owned units lie empty. In the affluent boroughs of Chelsea and Kensington in the city of London, prime locations for wealthy foreign investors, the number of vacant units increased by 40 per cent between 2013 and 2014. In such markets, the value of housing is no longer based on its social use. The housing is as valuable whether it is vacant or occupied, lived in or devoid of life. Homes sit empty while homeless populations burgeon.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Social & Cultural Rights
- Year
- 2017
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 31
- Paragraph text
- Financialized housing markets respond to preferences of global investors rather than to the needs of communities. The average income of households in the community or the kinds of housing they would like to inhabit is of little concern to financial investors, who cater to the needs or desires of speculative markets and are likely to replace affordable housing that is needed with luxury housing that sits vacant because that is how best to turn a profit quickly. Financialized housing thus precipitates what has been referred to as "residential alienation", the loss of the critical relationship to housing as a dwelling and the diverse set of social relationships that give it meaning. In financialized housing markets, those making decisions about housing - its use, its cost, where it will be built or whether it will be demolished - do so from remote board rooms with no engagement with or accountability to the communities in which their "assets" are located.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2017
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 32
- Paragraph text
- Many corporate owners of housing are nameless. In the first fiscal quarter of 2015, 58 per cent of all property purchases over $3 million in the United States were made by limited liability companies rather than named people, and the majority of those purchases were in cash, creating a greater level of anonymity. More than 36,000 properties in London are held by shell companies registered in offshore havens such as Bermuda, the British Virgin Islands, the Isle of Man and Jersey.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 33
- Paragraph text
- Many residential rental properties are now owned by bondholders or holders of public stock with no direct connection to properties. It is difficult to know who is accountable for human rights when the owner of housing is a multibillion dollar fund, bondholders, public stockholders or a nameless corporate shell. Tenants living in housing owned by absentee corporate landlords have complained of sharp increases in rent, inadequate maintenance and conditions as a result of substandard renovations that have been undertaken quickly to flip the home into rentals, and an inability to hold anyone accountable for those conditions.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Year
- 2017
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 34
- Paragraph text
- Increased prices of housing and real estate assets have become key drivers in the creation of greater wealth inequality. Those who own property in prime urban locations have become richer, while lower-income households confronting the escalating costs of housing become poorer. Surveys of ultra-high-net-worth individuals show that more than half have increased the proportion of their investments allocated to residential properties, with the most common reasons being in order to sell at a later date and to provide a safe haven for wealth. The "economics of inequality", in fact, may be explained in large part by the inequalities of wealth generated by housing and real estate investments. Buying a home with a mortgage becomes a speculative investment depending on volatile financial markets, which may generate considerable wealth on leveraged equity or, alternatively, deprive households of a lifetime of savings.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 35
- Paragraph text
- The dominant impact of wealth and private investment has also created and perpetuated spatial segregation and inequality in cities. In South Africa, for example, the impact of private investment in the urban core of cities has sustained the discriminatory patterns of the apartheid area, with wealthier, predominantly white households occupying areas close to the centre and poorer black South Africans living on the peripheries of cities. That "spatial mismatch", relegating poor black households to homeownership in peri-urban areas where employment opportunities are scarce, rather than rentals in the urban core, for example, has entrenched their poverty and cemented inequality. Similar patterns of racial displacement from urban centres and segregation in evidence in large cities in the United States have led to more severe impacts of financialization and the mortgage crisis being experienced by African-American households. Financialization also creates gender segregation. In Australia, analysis has shown that average-income single female workers can afford to live in only one suburb of Melbourne and cannot afford to live anywhere in Sydney.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Poverty
- Person(s) affected
- Women
- Year
- 2017
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 36
- Paragraph text
- In contemporary Chile, the appropriation of land by large scale investors and speculators, accumulating land and luxury properties, has meant that inner-city redevelopment has displaced many traditional residents, exemplifying "the intertwined roles of the state and assorted holders of economic capital in the production, distribution and representation of urban exclusion and segregation".
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 37
- Paragraph text
- Financialized housing markets create and thrive on gentrification and the appropriation of public value for private wealth. Improved services, schools or parks in an impoverished neighbourhood attract investment, which then drives residents out. The transformation of an old railway line in West Chelsea in Manhattan into a public walkway and park has attracted wealthy investors to a mixed income neighbourhood, radically transforming it with luxury housing units costing in the multimillions, and displacing longer term residents. In Vancouver, the opening of new public transport facilities in Burnaby, one of the few remaining areas of affordable rental housing, has quickly led to the development of expensive condominium towers, displacing residents who have not only lived there for decades, but also invested in developing their community.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Poverty
- Social & Cultural Rights
- Year
- 2017
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 38
- Paragraph text
- Patterns of inequality are often starkest in developing countries. In Africa, if current trends continue, the number of households living in informal settlements will continue to increase while the number of ultra-high-net-worth individuals is predicted to rise by almost 50 per cent in the next decade.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Poverty
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 39
- Paragraph text
- The financialization of housing has dramatically altered the relationship of States to the housing sector and to those to whom they have human rights obligations. Rather than being held accountable to residents and their need for housing, States' housing policies have often become accountable to financial institutions and seem to pander to the confidence of global credit markets and the preferences of wealthy private investors. Given the predominance of housing-related credit in many economies, domestic housing policy becomes intertwined with the priorities and strategies of central banks and international financial institutions, which are themselves rarely held accountable to States' human rights obligations to ensure access to adequate housing and do not meaningfully engage with rights-holders.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 40
- Paragraph text
- Accountability to global finance rather than to human rights has been rigorously imposed by the International Monetary Fund and other creditors when Governments have faced foreign debt crises. Decisions made by central banks and finance ministers in consultation with international financial institutions are rarely informed by input from stakeholders or those involved with housing policy and programmes. Processes put in place to address the debt crisis in Central, Eastern and South-Eastern Europe through the "Vienna Initiative" for example, brought together "key stakeholders", identified as national central banks and Western European parent banks along with multiple regional and international financial institutions. Absent were civil society groups and anyone representing the interests of borrowing households, the people most affected by any decisions taken.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 41
- Paragraph text
- In circumstances where Governments should be relying on positive measures and resource allocation to provide housing to households affected by economic downturns and widespread unemployment, many have been held accountable to austerity measures imposed by creditors. They have agreed to dramatically reduce or eliminate housing programmes, privatize social housing and sell off massive amounts of housing and real estate assets to private equity funds.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2017
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 42
- Paragraph text
- As noted by the Institute for Human Rights and Business, global financial institutions with representations from central bank governors and ministers of finance, "seem generally remote from stakeholder engagement. These institutions are independent self-governing bodies with their own rules of procedure and are not directly accountable to the public." Governments relying on the financial system and financialized housing assets to service their own debt are not encouraged by global financial institutions to manage housing systems for compliance with human rights. They are more likely to be urged to cut housing programmes and social protection programmes to comply with the demands and economic theories of financial corporations and credit agencies.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2017
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 43
- Paragraph text
- Research into the financialization of housing has focused on Australia, Europe and North America, where access to credit extends to a large portion of the population and where the majority of the "global cities" attracting capital in unprecedented quantity are located. Caution is needed, therefore, when examining the diverse experiences of financialization, in order to avoid generalizations about global patterns based on the particular circumstances in those cities.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 44
- Paragraph text
- The housing sector in the global South has not been subject to extensive financing of homeownership. Only about 17 per cent of the population in Botswana, Kenya, Namibia and Zambia, for example, would be eligible for mortgage finance based on existing criteria. Low-income, informal and indigenous communities have nevertheless experienced, first-hand, the power of financial corporations to appropriate land and real estate and to generate vast disparities in wealth by treating housing and land as commodities. The displacement of Garifuna communities by model cities containing luxury developments for tourists and wealthy residents in Honduras is an example of the kinds of displacements of communities and forced evictions that are occurring in many countries (see A/HRC/33/42/Add.2, para. 56). Many local and national governments looking for capital investment have opted to sell land to major developers at the expense of indigenous and impoverished communities and those living in precarious housing.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Movement
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Year
- 2017
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 45
- Paragraph text
- Informal settlements in Southern cities are regularly demolished for luxury housing and commercial development such as shopping malls and other high-end services intended for those with expendable incomes. In Lagos, Nigeria, for example, 30,000 residents of the Otodo Gbame community were forcibly removed after their waterfront homes were set alight, allegedly related to luxury developments. Many were left homeless. Elsewhere, when informal settlements are upgraded with infrastructure development and the granting of formal title and credit, they become subject to speculation and rising costs that force existing residents, particularly informal renters, out of the community. The real estate market in Mumbai, India, is now actively engaged in promoting speculative investment in informal settlements, where upgraded housing is attracting real estate speculation and price increases.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Social & Cultural Rights
- Year
- 2017
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 46
- Paragraph text
- Experiences of financialization in emerging economies demonstrate many commonalities with experiences in global cities. In Malaysia, for example, the national mortgage corporation, Cagamas, originally established to promote access to affordable housing as a social policy, has been transformed into the single largest issuer of asset-backed securities in Malaysia, with more than 50 per cent of the market share, and with the goal to establish itself as a "leading securitization house in the region". It has been at the centre of a significant expansion of homeownership modelled on the United States institutions, Fannie Mae and Freddie Mac.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 47
- Paragraph text
- The Republic of Korea experienced a fairly rapid transition to a financialized economy after the Asian financial crisis, when the International Monetary Fund bailout of Korean banks was made conditional on a restructuring programme of deregulation and privatization. While expanded access to mortgages has increased the rate of homeownership, the Republic of Korea now experiences greater inequality between rich and poor and has the highest level of household debt for any emerging country.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 48
- Paragraph text
- In Egypt, after Prime Ministerial Decree No. 350/2007 removed restrictions on foreign purchases of property, land prices more than doubled in many areas, rising at a rate of 148 per cent per year between 2007 and 2011. Extension of credit for housing has been largely restricted to higher income households in Cairo and Giza, and approximately 3 million homes have been left empty or unfinished by their owners in urban areas. Poverty continues to increase and more than 12 million people live in informal housing.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Poverty
- Person(s) affected
- All
- Year
- 2017
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 49
- Paragraph text
- In Mexico, mortgage securitization and other aspects of financialization have been adopted, beginning in 2003, with the active involvement of the World Bank. The housing market experienced a boom with increased mortgage lending and a tripling of the amount of residential mortgage-backed securities to over US$ 6 billion in 2006. However, the benefits of the housing boom and securitized mortgages have not extended to the households that are most in need. Measures taken by the Government to stabilize the financial sector proved attractive to financial corporations, pension funds and private equity firms, which have become more significant actors in the Mexican housing market.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 50
- Paragraph text
- In many developing and emerging economies, the World Bank and other international and regional financial institutions continue to actively promote the financialization of housing as the dominant strategy for addressing the critical need for housing, despite evidence that such strategies fail to provide housing options to the households that are most in need, and lead to greater socioeconomic inequality. World Bank development programmes concentrate on what they consider to be the building blocks of housing finance such as title registration, foreclosure procedures, lending regulations, long-term funding instruments, and improving the liquidity of mortgage assets in order to reduce the costs of credit-risk underwriting for investors. Those policies, combined in many cases with austerity measures that reduce social protection and housing programmes, have meant that development programmes frequently support the emergence of a financialized housing system that may be at odds with States' obligations to prioritize the needs of those in the most desperate circumstances.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 51
- Paragraph text
- Financialization is made possible through the legal enforcement of agreements between lenders and borrowers. It relies on legal systems governing property rights, zoning laws and contracts and also on an increasingly complex system of international and regional treaties governing the terms and conditions of investments and government actions that may have an impact on profitability.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 52
- Paragraph text
- The excessive financialization of housing is directly related to systemic patterns of inequality in investment treaties and in domestic law that fail to recognize the paramountcy of human rights over investor interests and deny access to justice for those whose right to housing is at stake. Ensuring meaningful accountability of financial institutions and private actors to the right to housing will require a significant transformation of current systems of law and accountability and new avenues of access to justice at the local, national and international levels.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2017
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 53
- Paragraph text
- There are currently almost 2,500 bilateral investment treaties in force and almost 300 treaties with investment provisions. Provisions in investment treaties generally provide protection for investors from actions by States without imposing obligations on them to uphold human rights. Investors are guaranteed fair and equitable treatment, protection from direct or indirect expropriation and other protections and have access to an investor-State dispute settlement procedure to seek damages for breaches of those provisions. The effect of those protections is that investment in housing and real estate for the purposes of speculation and the accumulation of wealth becomes a protected "right", while government measures to regulate investment to protect the right to housing may be the basis for claims against States by private investors for massive damage awards.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 54
- Paragraph text
- Claims have recently been brought against the Dominican Republic and Panama, for example, on the basis that government decisions to cancel planned luxury developments in order to protect indigenous territories or environmental resources violated investors' rights under bilateral investment treaties. The Government of Mauritius is currently being taken to arbitration by a group of property development companies from the United Kingdom that invested in luxury real estate developments in Mauritius and are now seeking damages for a decision on the part of the Government to change its planning policy to restrict such developments.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Year
- 2017
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 55
- Paragraph text
- The mere threat of those kinds of claims can have a directive effect on State housing policy. Investment treaty arbitration frequently involves millions of dollars in damages, and thus acts as a disincentive for States to enact and enforce any regulatory measures restricting the profitability of housing or real estate assets purchased by foreign investors. Those whose right to adequate housing may have been infringed by States' failures to regulate the activities and speculative profits of foreign investors, on the other hand, have few if any avenues of redress, and certainly no ability to seek damages in the amounts claimed by private investors. The imbalance in access to remedies creates an imbalance in State accountability and priorities.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 56
- Paragraph text
- Domestic adjudication in the area of housing and finance has also tended to protect investors and has been oriented towards enforcing the contractual relationship between lenders and creditors, both with individual households and with States, without considering imbalances in power or the implications for human rights of the means used for enforcing repayment. The right to adequate housing has rarely been referenced in the adjudication of foreclosures and subsequent evictions, although it is clearly at issue.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Year
- 2017
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 57
- Paragraph text
- In some instances, courts have played an important role in holding financial institutions liable for predatory and discriminatory lending practices, albeit without reference to international human rights obligations. In a recent case, the Eleventh Circuit Court of Appeals in the United States ruled in favour of a lawsuit brought by the city of Miami against Bank of America and Wells Fargo for discriminatory predatory lending practices linked to the mortgage crisis. The Constitutional Court of South Africa recently considered a case involving a fraudulent scheme by investors and a finance company leading to hundreds of homeowners suffering losses of homes and savings. The Court rejected a claim by banks that would place responsibility on the homeowner for repayment of an unpaid debt due to the bank, holding that there is an obligation on the part of well-resourced powerful banking groups to check on the legality of what their clients are buying before lending money and earning interest on it.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Year
- 2017
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 58
- Paragraph text
- There is considerable variation and inconsistency, however, in the way mortgage or rental default is addressed in domestic law and enforced by courts. In many jurisdictions, foreclosure is a common practice for arrears in mortgage payments, regardless of the cause of the arrears and the consequences of foreclosure. Principles of international human rights law requiring, for example, that no eviction take place if it will lead to homelessness, have not generally been properly applied by domestic courts to evictions linked to defaults on mortgages or rent. The Special Rapporteur is concerned that in the area of housing, the "remedy" of eviction from homes is routinely applied in the case of unpaid debts, even though there are many other options available for courts to enforce repayment or restructuring of debts, short of invoking the State power to seize or evict individuals from their home, such as imposing repayment plans or garnishing wages. Foreclosures and evictions have severe effects on health and well-being and may result in the loss of custody of children. Those are unacceptable consequences of default on mortgage or rent payments when other options are available. They are, moreover, generally contrary to international human rights law.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Children
- Year
- 2017
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 59
- Paragraph text
- In some jurisdictions, foreclosures for mortgage default are not permitted and alternative procedures are limited by statute. Foreclosure was abolished in Ireland following the 2008 financial crisis, with an equivalent procedure to foreclosure provided, however, to the public asset management company, the National Asset Management Agency. In Brazil, foreclosures are prohibited by law where residential properties are used by their owners for dwelling purposes, although creditors have developed ways of circumventing those restrictions. In China, there are provisions for many other options for collecting outstanding debts, with foreclosure only being permitted when all other options have been exhausted. In Spain, however, mortgage arrears are not considered to have been discharged by a foreclosure, which means indebted homeowners are required to continue to make payments on outstanding arrears even after having lost their home.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 60
- Paragraph text
- In the first case to be considered by the Committee on Economic, Social and Cultural Rights under the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, I.D.G. v. Spain, the Committee considered States' obligations to ensure access to justice in the context of mortgage foreclosure. As a result of a domestic court's lack of diligence, the author of the communication had not received notification of mortgage enforcement proceedings and received no other communication prior to an auction order. In those circumstances, the Committee found that the author's right to access to justice to protect the right to housing had been violated. The Committee found that "such notice in respect of a foreclosure application needs to be adequate, in accordance with the standards of the Covenant applicable to the right to housing". The Committee clarified that Spain should ensure that no eviction takes place without due process guarantees, affirming that "the right to housing should be ensured to all persons irrespective of income or access to economic resources".
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2017
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 61
- Paragraph text
- In that case, the author was able to remain in her home and the Committee did not address the question of whether foreclosure and eviction from housing, potentially into homelessness, was a reasonable remedy in the case of mortgage or rent default or whether it was consistent with State obligations to respect the right to adequate housing. It is hoped that the issue will be subject to consideration and clarification by the Committee and other human rights bodies in future cases. In the Special Rapporteur's view, the all too common practice of depriving people of their homes as a remedy for outstanding mortgage or rental arrears should be subject to more rigorous human rights review than it has received to date from domestic courts and international human rights bodies.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2017
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 62
- Paragraph text
- Emerging norms for business and human rights and increased attention to corporate social responsibility offer additional avenues through which to pursue enhanced accountability and effective remedies for violations of human rights linked to the financialization of housing.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2017
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 63
- Paragraph text
- A leading framework for the human rights responsibilities of business enterprises is the Guiding Principles on Business and Human Rights: Implementing the United Nations "Protect, Respect and Remedy" Framework. It is grounded in three pillars: (a) the obligation of States to protect against human rights abuses committed by companies; (b) the responsibility of business enterprises to respect human rights, and thus avoid causing or contributing to adverse human rights impacts; and (c) the obligation of States to provide victims with access to effective remedies when rights are breached. A similar framework is applied in the ten principles of the United Nations Global Compact, the first two of which commit businesses to support and respect the protection of internationally proclaimed human rights and to refrain from complicity in human rights abuses. The Principles for Responsible Investment, launched in 2006 by the United Nations Environment Programme Finance Initiative and the Global Compact, provide a voluntary framework for the incorporation of environmental, social and governance issues into decision-making and ownership practices. Over 1,200 investment institutions have become signatories, with approximately US$ 45 trillion assets under management.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 64
- Paragraph text
- Despite the growing attention to the importance of business and human rights and despite the fact that housing represents the largest global business sector, very little attention has been paid to the obligations of business enterprises and financial corporations operating in the real estate and housing sector with respect to the right to adequate housing. The "Practical guide to ESG integration for equity investing", for example, makes no reference to human rights in relation to investments in housing and other real estate. The International Organization of Securities Commissions, whose members regulate more than 95 per cent of the world's capital markets, has not addressed the central role that human rights in general and the right to housing in particular should play in the regulation of capital markets.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 65
- Paragraph text
- Decisions made by global financial corporations, institutions and private equity firms regarding access to credit, foreclosures and development priorities have a direct impact on homelessness, displacement and access to affordable housing. The adoption of progressive policies with respect to corporate social responsibility by investors in housing and real estate could play an important role in redirecting investment towards the social use of housing and advancing the implementation of the Sustainable Development Goals.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2017
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 66
- Paragraph text
- Business and human rights guidelines in the housing sector must recognize the responsibility of private investors and the obligations of regulators of capital markets to ensure that the needs of vulnerable and marginalized groups are adequately addressed through inclusive investment strategies and to contribute to the realization of the right to housing and the implementation of the 2030 Agenda and the New Urban Agenda.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 67
- Paragraph text
- Policy responses to the financialization of housing have tended to prioritize support for financial institutions over responding to the needs of those whose right to adequate housing is at stake. Spending on bailouts of banks and financial institutions after the 2008 financial crisis far outstripped spending to provide assistance to the victims of the crisis. In fact, many national Governments made substantial cuts to their housing programmes. As noted above, the World Bank continues to promote "financial liberalization" rather than active State intervention in housing provision in emerging economies, despite the evidence that financialization generally increases inequality and fails to address the needs of the millions of households living in situations of homelessness or grossly inadequate informal housing.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Poverty
- Person(s) affected
- All
- Year
- 2017
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 68
- Paragraph text
- Nonetheless, a number of subnational and national governments have started to address the effects of excess capital flows and financialization on affordability and access to housing for low-income households. Initiatives have been advanced at both national and subnational levels providing a number of tools that can at least curb the excesses of financialization and mitigate its effects.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 69
- Paragraph text
- In response to the mortgage crisis in Spain, the autonomous regions of Andalusia and Catalonia introduced progressive laws explicitly affirming the social function of housing and facilitating temporary expropriation of vacant housing. Catalonian legislation also prohibited foreclosures and evictions that would result in homelessness. Both of those regional initiatives were struck down by the Constitutional Court as encroaching on the jurisdiction of the national Government and opposing the general economic interests of the country. In response, at least in the case of Catalonia, the legislation was reintroduced with amendments and was passed by the Catalonian parliament.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Year
- 2017
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 70
- Paragraph text
- A number of States, including Austria, China, the Philippines, Thailand and Viet Nam, have instituted restrictions on foreign purchasers of residential real estate. The province of British Columbia in Canada has introduced a 15 per cent foreign homeowner tax. The City of Vancouver recently approved a 1 per cent tax, which would apply to both foreign and domestic investors, on vacant homes in order to address the issue of approximately 20,000 vacant homes in its overheated speculative housing market. Net revenue from those taxes is to be invested in affordable housing initiatives.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 71
- Paragraph text
- Elsewhere, taxes on luxury properties have been instituted. Singapore imposes an 18 per cent property sales tax and an additional buyer stamp duty on wealthy property owners and investors, with revenues used to subsidize homeownership of low-income individuals. A number of jurisdictions, including China, Germany and Malaysia, have introduced a property speculation tax. Tax in China, announced in early 2013 after renewed speculative activity in the housing market, involves a straight 20 per cent on capital gains, and in Taiwan Province of China, residential property owners are taxed 15 per cent on the sale price of their property if they sell it within one year of purchase and 10 per cent if sold within two years.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 72
- Paragraph text
- Some Governments have chosen to encourage a more inclusive approach to private investment in housing in the form of financial incentives to encourage the development of affordable units. The Government of Algeria, for example, finances the development of rental housing for households earning less than 1.5 times the minimum wage, on free government land. It also provides a lease-to-own programme for households with little down-payment capacity. Other Governments require that developers include a proportion of affordable units. The Mayor of London recently announced that builders will be required to ensure that 35 per cent of new homes that are built are genuinely affordable.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2017
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 73
- Paragraph text
- Those types of programmes or agreements must be properly designed and monitored in order to be effective. For example, definitions of "affordability" do not always reflect actual income levels of those in housing need and accountability mechanisms to ensure that developers deliver are rarely in place. Additionally, agreements to include affordable housing within developments have sometimes resulted in the stigmatization of tenants occupying the affordable units. Referred to as the "poor door" phenomenon, low-income tenants are segregated from the more affluent residents, compelled to use separate, less attractive entrances and segregated services, such as laundry facilities and waste bins.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2017
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 74
- Paragraph text
- A range of initiatives has also been introduced in a number of States and cities to provide access to credit for low-income households based on alternative, community controlled models of microfinancing. Growing either from non-governmental organizations or microenterprise lenders, microfinance allows low-income households to finance construction over time, often in unplanned areas.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 75
- Paragraph text
- Despite the positive elements of some States' policy responses, overall responses have tended to be sporadic and reactive, addressing overheated markets or providing limited initiatives to expand access to credit. The broader systemic issues of financialization and commodification of housing remain largely unaddressed. What is lacking is for States to reclaim the governance of housing systems from global credit markets and, in collaboration with affected communities and with cooperation and engagement by central banks and financial institutions, redesign housing finance and global investment in housing around the goal of ensuring access to adequate housing for all by 2030.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 76
- Paragraph text
- Many States have been too deferential to the dynamics of unregulated markets and have failed to take appropriate action to bring private investment into line with the right to adequate housing. By providing tax subsidies for homeownership, tax breaks for investors, and bailouts for banks and financial institutions, States have subsidized the excessive financialization of housing at the expense of programmes for those in desperate need of housing. There seems to be a gross imbalance between the attention, mechanisms and resources that States have developed to support the financialization of housing and the complete deficit of housing for the implementation of the right to adequate housing.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2017
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 77a
- Paragraph text
- [The Special Rapporteur suggests that the way forward requires a shift to take hold so that States ensure that all investment in housing recognizes its social function and States' human rights obligations in that regard. That requires a transformation of the relationship between the State and the financial sector, whereby human rights implementation becomes the overriding goal, not a subsidiary or neglected obligation. The Special Rapporteur believes that can be achieved with more constructive engagement and dialogue between States, human rights actors, international and domestic financial regulatory bodies, private equity firms and major investors. In order to create those new conversations and achieve that shift, the Special Rapporteur recommends the following:] New initiatives should be developed in order to bridge the worlds of corporate and government finance, housing, planning and human rights. The Special Rapporteur recommends that an international high-level meeting of States, international financial institutions, human rights bodies, civil society organizations and relevant experts be organized to design a strategy for engaging financial regulatory bodies and actors in the realization of the goal of adequate housing for all by 2030;
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 77b
- Paragraph text
- [The Special Rapporteur suggests that the way forward requires a shift to take hold so that States ensure that all investment in housing recognizes its social function and States' human rights obligations in that regard. That requires a transformation of the relationship between the State and the financial sector, whereby human rights implementation becomes the overriding goal, not a subsidiary or neglected obligation. The Special Rapporteur believes that can be achieved with more constructive engagement and dialogue between States, human rights actors, international and domestic financial regulatory bodies, private equity firms and major investors. In order to create those new conversations and achieve that shift, the Special Rapporteur recommends the following:] Strategies developed by States and local governments to achieve target 11.1 of the Sustainable Development Goals and the New Urban Agenda should include a full range of taxation, regulatory and planning measures in order to re-establish housing as a social good, promote an inclusive housing system and prevent speculation and excessive accumulation of wealth;
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 77c
- Paragraph text
- [The Special Rapporteur suggests that the way forward requires a shift to take hold so that States ensure that all investment in housing recognizes its social function and States' human rights obligations in that regard. That requires a transformation of the relationship between the State and the financial sector, whereby human rights implementation becomes the overriding goal, not a subsidiary or neglected obligation. The Special Rapporteur believes that can be achieved with more constructive engagement and dialogue between States, human rights actors, international and domestic financial regulatory bodies, private equity firms and major investors. In order to create those new conversations and achieve that shift, the Special Rapporteur recommends the following:] Trade and investment treaties should recognize the paramountcy of human rights, including the right to housing, and ensure that States are fully empowered to regulate private investment so as to ensure the realization of the right to housing;
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 77d
- Paragraph text
- [The Special Rapporteur suggests that the way forward requires a shift to take hold so that States ensure that all investment in housing recognizes its social function and States' human rights obligations in that regard. That requires a transformation of the relationship between the State and the financial sector, whereby human rights implementation becomes the overriding goal, not a subsidiary or neglected obligation. The Special Rapporteur believes that can be achieved with more constructive engagement and dialogue between States, human rights actors, international and domestic financial regulatory bodies, private equity firms and major investors. In order to create those new conversations and achieve that shift, the Special Rapporteur recommends the following:] Business and human rights guidelines should, on a priority basis, be developed specifically for financial actors operating in the housing system;
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 77e
- Paragraph text
- [The Special Rapporteur suggests that the way forward requires a shift to take hold so that States ensure that all investment in housing recognizes its social function and States' human rights obligations in that regard. That requires a transformation of the relationship between the State and the financial sector, whereby human rights implementation becomes the overriding goal, not a subsidiary or neglected obligation. The Special Rapporteur believes that can be achieved with more constructive engagement and dialogue between States, human rights actors, international and domestic financial regulatory bodies, private equity firms and major investors. In order to create those new conversations and achieve that shift, the Special Rapporteur recommends the following:] States should review all laws and policies related to foreclosure, indebtedness and housing, to ensure consistency with the right to adequate housing, including the obligation to prevent any eviction resulting in homelessness;
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 77f
- Paragraph text
- [The Special Rapporteur suggests that the way forward requires a shift to take hold so that States ensure that all investment in housing recognizes its social function and States' human rights obligations in that regard. That requires a transformation of the relationship between the State and the financial sector, whereby human rights implementation becomes the overriding goal, not a subsidiary or neglected obligation. The Special Rapporteur believes that can be achieved with more constructive engagement and dialogue between States, human rights actors, international and domestic financial regulatory bodies, private equity firms and major investors. In order to create those new conversations and achieve that shift, the Special Rapporteur recommends the following:] States must ensure that courts, tribunals and human rights institutions recognize and apply the paramountcy of human rights and interpret and apply domestic laws and policies related to housing and housing finance consistently with the right to adequate housing;
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 77g
- Paragraph text
- [The Special Rapporteur suggests that the way forward requires a shift to take hold so that States ensure that all investment in housing recognizes its social function and States' human rights obligations in that regard. That requires a transformation of the relationship between the State and the financial sector, whereby human rights implementation becomes the overriding goal, not a subsidiary or neglected obligation. The Special Rapporteur believes that can be achieved with more constructive engagement and dialogue between States, human rights actors, international and domestic financial regulatory bodies, private equity firms and major investors. In order to create those new conversations and achieve that shift, the Special Rapporteur recommends the following:] International, regional and national human rights bodies should devote more attention to the issue of financialization and clarify for States, through constructive dialogue during periodic reviews and in consideration of individual cases, their obligations in relation to the financialization of housing.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Guidelines for the Implementation of the Right to Adequate Housing
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2019
- Document code
- A/HRC/43/43
Document
Guiding Principles on security of tenure for the urban poor
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2014
- Document code
- A/HRC/25/54
Document
Guiding Principles on security of tenure for the urban poor 2014, para. (N/A)
- Paragraph text
- Security of tenure is understood as a set of relationships with respect to housing and land, established through statutory or customary law or informal or hybrid arrangements, that enables one to live in one's home in security, peace and dignity. It is an integral part of the right to adequate housing and a necessary ingredient for the enjoyment of many other civil, cultural, economic, political and social rights. All persons should possess a degree of security of tenure that guarantees legal protection against forced eviction, harassment and other threats.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2014
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. (N/A)
- Paragraph text
- Underlying these guiding principles is a presumption that individuals and communities occupying land or property to fulfil their right to adequate housing, and who have no other adequate option, have legitimate tenure rights that should be secured and protected. The concept of legitimate tenure rights extends beyond mainstream notions of private ownership and includes multiple tenure forms deriving from a variety of tenure systems.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. (N/A)
- Paragraph text
- The plight of the urban poor presents one of the most pressing challenges to security of tenure, especially in an increasingly urbanized world. These principles aim to provide guidance to States and other actors to address this challenge in order to ensure adequate housing for poor and vulnerable people in urban and peri-urban areas.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 1
- Paragraph text
- States should promote, protect and strengthen a variety of tenure forms, including those deriving from statutory, customary, religious and hybrid tenure systems. All relevant laws, policies and programmes should be developed on the basis of human rights impact assessments, which identify and prioritize the tenure arrangements of the most vulnerable and marginalized. [...]
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 1a
- Paragraph text
- [The following types of tenure, among others, should be promoted, strengthened and protected, as appropriate in the given context:] Possession rights;
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Person(s) affected
- All
- Year
- 2014
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 1b
- Paragraph text
- [The following types of tenure, among others, should be promoted, strengthened and protected, as appropriate in the given context:] Use rights;
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 1c
- Paragraph text
- [The following types of tenure, among others, should be promoted, strengthened and protected, as appropriate in the given context:] Rental;
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 1d
- Paragraph text
- [The following types of tenure, among others, should be promoted, strengthened and protected, as appropriate in the given context:] Freehold; and
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 1e
- Paragraph text
- [The following types of tenure, among others, should be promoted, strengthened and protected, as appropriate in the given context:] Collective arrangements.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 2a
- Paragraph text
- [In order to improve security of tenure, especially for vulnerable and marginalized persons and groups living in urban poor settlements, States, including relevant authorities, should take the following measures:] Conduct citywide assessments of tenure arrangements;
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Poverty
- Person(s) affected
- All
- N.A.
- Year
- 2014
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 2b
- Paragraph text
- [In order to improve security of tenure, especially for vulnerable and marginalized persons and groups living in urban poor settlements, States, including relevant authorities, should take the following measures:] Identify insecure settlements and population groups, including the homeless;
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Person(s) affected
- All
- Year
- 2014
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 2c
- Paragraph text
- [In order to improve security of tenure, especially for vulnerable and marginalized persons and groups living in urban poor settlements, States, including relevant authorities, should take the following measures:] Develop citywide strategies for securing tenure and upgrading settlements on different categories of land and with different tenure arrangements;
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Poverty
- Social & Cultural Rights
- Person(s) affected
- All
- N.A.
- Year
- 2014
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 2d
- Paragraph text
- [In order to improve security of tenure, especially for vulnerable and marginalized persons and groups living in urban poor settlements, States, including relevant authorities, should take the following measures:] Review and reform urban plans and regulations in order to integrate settlements;
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Poverty
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 2e
- Paragraph text
- [In order to improve security of tenure, especially for vulnerable and marginalized persons and groups living in urban poor settlements, States, including relevant authorities, should take the following measures:] Adopt and implement a human rights-compliant resettlement policy to be applied where in situ solutions are not possible;
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Poverty
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 2f
- Paragraph text
- [In order to improve security of tenure, especially for vulnerable and marginalized persons and groups living in urban poor settlements, States, including relevant authorities, should take the following measures:] Facilitate participatory settlement mapping, enumerations and tenure registration;
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 2g
- Paragraph text
- [In order to improve security of tenure, especially for vulnerable and marginalized persons and groups living in urban poor settlements, States, including relevant authorities, should take the following measures:] Establish fair and effective land dispute resolution mechanisms;
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Poverty
- Person(s) affected
- All
- Year
- 2014
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 2h
- Paragraph text
- [In order to improve security of tenure, especially for vulnerable and marginalized persons and groups living in urban poor settlements, States, including relevant authorities, should take the following measures:] Allocate sufficient funds to ministries, municipalities and local governments for the implementation of these measures; and
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 2i
- Paragraph text
- [In order to improve security of tenure, especially for vulnerable and marginalized persons and groups living in urban poor settlements, States, including relevant authorities, should take the following measures:] Adopt or revise legislation to recognize and protect multiple tenure arrangements.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Poverty
- Person(s) affected
- All
- Year
- 2014
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 3
- Paragraph text
- Tenure should be secured in situ unless there are exceptional circumstances that justify eviction consistent with international human rights law. Regulations aimed at protecting public health and safety and the environment or at mitigating risk for the population should not be used as an excuse to undermine security of tenure. In situ solutions should be found whenever it is possible to: (a) mitigate and manage risks of disaster and threats to public health and safety; or (b) balance environmental protection and security of tenure; except when inhabitants choose to exercise their right to resettlement.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2014
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 4a
- Paragraph text
- [Property has a vital social function including adequate housing of the urban poor. States should balance property rights with the social function of property in designing and implementing housing and other relevant policies. In particular, States, including relevant authorities, should promote access to secure and well-located housing for the urban poor through, inter alia, the following measures:] Conduct citywide audits of vacant and underutilized land, housing and buildings;
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2014
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 4b
- Paragraph text
- [Property has a vital social function including adequate housing of the urban poor. States should balance property rights with the social function of property in designing and implementing housing and other relevant policies. In particular, States, including relevant authorities, should promote access to secure and well-located housing for the urban poor through, inter alia, the following measures:] Conduct assessments of spatial needs to house the urban poor, including homeless persons, taking into account current and anticipated trends;
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2014
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 4c
- Paragraph text
- [Property has a vital social function including adequate housing of the urban poor. States should balance property rights with the social function of property in designing and implementing housing and other relevant policies. In particular, States, including relevant authorities, should promote access to secure and well-located housing for the urban poor through, inter alia, the following measures:] Allocate available public land for the provision of low-income housing;
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2014
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 4d
- Paragraph text
- [Property has a vital social function including adequate housing of the urban poor. States should balance property rights with the social function of property in designing and implementing housing and other relevant policies. In particular, States, including relevant authorities, should promote access to secure and well-located housing for the urban poor through, inter alia, the following measures:] Adopt measures to combat speculation and underutilization of private land, housing and buildings;
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Poverty
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2014
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 4e
- Paragraph text
- [Property has a vital social function including adequate housing of the urban poor. States should balance property rights with the social function of property in designing and implementing housing and other relevant policies. In particular, States, including relevant authorities, should promote access to secure and well-located housing for the urban poor through, inter alia, the following measures:] Adopt inclusive urban planning strategies and regulations;
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Poverty
- Social & Cultural Rights
- Person(s) affected
- All
- N.A.
- Year
- 2014
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 4f
- Paragraph text
- [Property has a vital social function including adequate housing of the urban poor. States should balance property rights with the social function of property in designing and implementing housing and other relevant policies. In particular, States, including relevant authorities, should promote access to secure and well-located housing for the urban poor through, inter alia, the following measures:] Adopt measures to regulate and stimulate the low-income rental market and collective forms of tenure; and
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Poverty
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2014
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 4g
- Paragraph text
- [Property has a vital social function including adequate housing of the urban poor. States should balance property rights with the social function of property in designing and implementing housing and other relevant policies. In particular, States, including relevant authorities, should promote access to secure and well-located housing for the urban poor through, inter alia, the following measures:] Adopt measures to regulate the housing finance market and financial institutions.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Poverty
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2014
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 5
- Paragraph text
- Non-discrimination on the basis of tenure status must be guaranteed and protected in law, policy and practice. This guarantee must apply to all forms of tenure. [...]
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2014
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 5a
- Paragraph text
- [Non-discrimination on the basis of tenure status must be guaranteed in the context of, inter alia:] Access to basic services and facilities;
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2014
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 5b
- Paragraph text
- [Non-discrimination on the basis of tenure status must be guaranteed in the context of, inter alia:] Access to social security;
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2014
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 5c
- Paragraph text
- [Non-discrimination on the basis of tenure status must be guaranteed in the context of, inter alia:] The collection and presentation of official data;
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2014
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 5d
- Paragraph text
- [Non-discrimination on the basis of tenure status must be guaranteed in the context of, inter alia:] Land administration programmes;
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- All
- N.A.
- Year
- 2014
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 5e
- Paragraph text
- [Non-discrimination on the basis of tenure status must be guaranteed in the context of, inter alia:] Housing legislation and policies;
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 5f
- Paragraph text
- [Non-discrimination on the basis of tenure status must be guaranteed in the context of, inter alia:] Urban planning;
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 5g
- Paragraph text
- [Non-discrimination on the basis of tenure status must be guaranteed in the context of, inter alia:] Land acquisition and use for public purposes;
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2014
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 5h
- Paragraph text
- [Non-discrimination on the basis of tenure status must be guaranteed in the context of, inter alia:] Police procedures; and
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2014
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 5i
- Paragraph text
- [Non-discrimination on the basis of tenure status must be guaranteed in the context of, inter alia:] Humanitarian assistance, including access to shelter.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Poverty
- Person(s) affected
- All
- Year
- 2014
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 6
- Paragraph text
- Both de jure and de facto gender equality are essential to the enjoyment of the right to adequate housing. In this regard, States must strengthen and protect women's security of tenure, regardless of age, marital, civil or social status, and independent of their relationships with male household or community members.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Person(s) affected
- Women
- Year
- 2014
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 6
- Paragraph text
- Security of tenure guarantees that people access and enjoy their home without fear of forced evictions, and enables them to improve their housing and living conditions. It provides a foundation for the enjoyment of all aspects of the right to adequate housing and other human rights. Conversely, when tenure insecurity results in forced eviction and homelessness, many human rights are violated and denied.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2014
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 7
- Paragraph text
- Business enterprises should take all relevant steps to ensure that: (a) there are no adverse impacts on security of tenure as a result of or in connection with their activities or business relationships; and (b) any adverse impacts are addressed, including through the provision of remedies to affected persons. Business enterprises should ensure transparent, free and fair negotiations regarding any transfer or modification of tenure rights with full respect for the right of people or communities to accept or reject offers.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2014
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 7
- Paragraph text
- States have an immediate obligation to ensure that all persons possess a degree of security of tenure that guarantees legal protection against forced eviction, harassment and other threats. They also have an obligation to take progressive measures to strengthen security of tenure for all persons using land or housing for their basic housing needs, and who currently lack such security. The entitlement to secure tenure in situ is, however, not absolute and can be rebutted in exceptional circumstances that justify eviction, consistent with international law obligations concerning, inter alia, due process, reasonableness and proportionality and the exploration of all feasible alternatives. When such circumstances exist, States must guarantee safeguards to ensure evictions and resettlement fully respect the human rights of those affected, including through access to alternative housing.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2014
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 8
- Paragraph text
- Contrary to dominant discourse on tenure, freehold titles are not the sole instrument of tenure security. Often, policies that promote individual freehold simultaneously reduce support to other tenure arrangements. Such policies risk excluding and undermining the tenure status of large segments of urban and peri-urban populations, particularly the poorest, leading to retrogression in the enjoyment of the right to adequate housing. Conversely, policies favouring diverse tenure forms can improve secure access to housing for different population groups.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 8
- Paragraph text
- Multilateral and bilateral development agencies should ensure that their operations and projects promote and do not undermine security of tenure, including by adopting binding safeguard policies that aim to give effect to the right to adequate housing. Such agencies should support States lacking sufficient resources to take all necessary measures to strengthen security of tenure of the urban poor.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Poverty
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 9
- Paragraph text
- States should take immediate and progressive measures to confer legal security of tenure on individuals and communities currently lacking protection. States should undertake human rights impact assessments of proposed measures, in the housing, land and financial sectors. These assessments should examine potential effects on all existing tenure forms and on groups vulnerable to eviction, including market-induced displacements. If there is risk of exacerbating tenure insecurity, alternatives should be considered or, as a last resort, mitigation measures should be developed. Based on these assessments, States should take legislative and programmatic measures to secure diverse tenure forms, prioritizing arrangements for those facing barriers to the full realization of their housing rights.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- Persons on the move
- Year
- 2014
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 9a
- Paragraph text
- [Urban poor individuals and communities are essential actors in strengthening tenure security. States should be accountable to the urban poor for the implementation of these guiding principles by, inter alia:] Making tenure-related information public and accessible to all in a timely manner;
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 9b
- Paragraph text
- [Urban poor individuals and communities are essential actors in strengthening tenure security. States should be accountable to the urban poor for the implementation of these guiding principles by, inter alia:] Ensuring transparency of all decision-making, including reasons for decisions;
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 9c
- Paragraph text
- [Urban poor individuals and communities are essential actors in strengthening tenure security. States should be accountable to the urban poor for the implementation of these guiding principles by, inter alia:] Guaranteeing free, informed and meaningful participation of the urban poor in the design and implementation of measures to secure their tenure status;
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 9d
- Paragraph text
- [Urban poor individuals and communities are essential actors in strengthening tenure security. States should be accountable to the urban poor for the implementation of these guiding principles by, inter alia:] Developing contextually appropriate indicators and benchmarks against which to measure progress and regressions; and
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 9e
- Paragraph text
- [Urban poor individuals and communities are essential actors in strengthening tenure security. States should be accountable to the urban poor for the implementation of these guiding principles by, inter alia:] Periodic reporting of progress at national and international levels.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Poverty
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 10
- Paragraph text
- In many places, rapid urbanization has led to the development of large peri-urban areas, blurring divisions between urban and rural systems. The following types of tenure forms, among others, whether deriving from customary, religious, statutory or hybrid tenure systems, should be promoted, strengthened and protected, as appropriate in the given urban and peri-urban context.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 10a
- Paragraph text
- [Tenure status should not pose a barrier to people in accessing an effective remedy for the violation of human rights. States must ensure access to effective administrative and /or judicial remedies for violations of the right to adequate housing, due to, inter alia:] Discrimination on the basis of tenure status, including multiple discrimination;
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2014
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 10b
- Paragraph text
- [Tenure status should not pose a barrier to people in accessing an effective remedy for the violation of human rights. States must ensure access to effective administrative and /or judicial remedies for violations of the right to adequate housing, due to, inter alia:] Discrimination on the basis of any prohibited ground in the enjoyment of security of tenure;
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2014
Paragraph