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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.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2013
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 80
- Paragraph text
- The urban poor face significant barriers in accessing justice, owing to, inter alia, political influence and corruption in courts and administrative bodies; prohibitive costs of legal representation; absence of legal information; and lack of legal recognition of persons without official identity documentation, including a registered address. States should take all measures to remove these barriers and ensure that the urban poor can access effective remedies through a range of judicial and administrative mechanisms. As an alternative to the courts, land dispute and grievance mechanisms that are inexpensive, accessible, socially legitimate and rule-bound should be established. States should establish, fund and enable legal aid and assistance for the urban poor, in order to address power asymmetries that pervade conflicts over land and obstruct access to justice.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- 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. 81
- Paragraph text
- Remedies for violations of the right to adequate housing may include restitution, reparation, the provision of alternative adequate housing, rehabilitation of housing or livelihoods, financial or non-financial compensation for loss and damage, and punitive sanctions against the perpetrator. An injunction, precautionary measures or other judicial or administrative intervention may be required to prevent imminent forced eviction or other violation. Remedies may also include repeal or amendment of law or policy and quashing of administrative decisions. In this regard, States should ensure that policies and decisions affecting tenure security are subject to administrative and judicial review. In the case of an unjustified failure of the State to adopt appropriate and timely measures to address tenure insecurity taking into account its use of available resources, redress may include an injunction to devise and implement a reasonable plan of action towards security of tenure for aggrieved groups.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2014
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.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2017
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;
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- 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. 17
- Paragraph text
- Freehold ownership. Individual ownership confers full control over housing and land, subject to law and local regulations, as well as adverse possession rights and the State's expropriation powers. This quality makes it a desirable form of tenure for many households. Since ownership rights are generally expensive to acquire, housing finance is often necessary. Tenure security is jeopardized when owner-occupiers are unable to cope with loan repayments and default on their mortgages. Foreclosures by banks and other credit institutions pose a serious threat to the enjoyment of the right to adequate housing, with the poorest disproportionately affected. States should take all measures to protect security of tenure of owner-occupiers and prevent the loss of homes and homelessness as a result of foreclosures.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2014
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 23
- Paragraph text
- Local authorities should conduct a citywide assessment of existing tenure categories and the degree of security of tenure that each provides. The assessment should ascertain the underlying causes of tenure insecurity, such as inadequate urban planning, exclusionary zoning and building regulations; market forces; the political economy; or cultural and social factors, including discrimination. Authorities should identify settlements and groups throughout the urban and peri-urban area that lack tenure security and other aspects of the right to adequate housing, including homeless populations. They should also identify areas subject to gentrification and sudden raises in rents and housing prices that could produce future tenure insecurity.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- N.A.
- Year
- 2014
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 27f
- Paragraph text
- [States should also facilitate in situ tenure solutions, wherever possible, for those people residing on privately owned property where the inhabitants have no other adequate housing option. Options for securing tenure for inhabitants, either on an individual or collective basis, include:] Expropriation of the property with payment of compensation and subsequent granting of use, rental or other secure tenure rights to the inhabitants. This option should be considered only as a last resort when other measures have been unsuccessful, given the high fiscal cost to the State.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Economic Rights
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2014
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 52
- Paragraph text
- Access to basic services and facilities. People without an officially recognized tenure status are often denied access to basic services and facilities. In some situations, public and private service providers, including of water, sanitation and electricity, require the presentation of title as a prerequisite for connection or delivery. In other situations, access to social facilities, such as school enrolment, is conditional on a registered address. States should take measures to ensure that access to basic services and facilities, whether publicly or privately provided, is not dependent on tenure status, official registration of residence, or the presentation of title.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Social & Cultural Rights
- Water & Sanitation
- Person(s) affected
- All
- Year
- 2014
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 78
- Paragraph text
- While some of these principles focus on immediate obligations, the implementation of many measures is, by nature, a progressive process. States must demonstrate that they are taking deliberate, concrete and targeted steps as expeditiously and effectively as possible, including through the design and implementation of a plan of action for strengthening security of tenure. States should conduct baseline surveys of tenure security, develop quantitative and qualitative indicators and set benchmarks against which to monitor progress, evaluate outcomes and inform decision-making. Indicators and benchmarks should be designed to measure progress in, inter alia: (a) promoting a variety of tenure forms; (b) the degree of security they confer; (c) securing the tenure arrangements of marginalized groups; (d) reducing discrimination; and (e) achieving more equitable access to urban housing, including reductions in the number of vacant plots and buildings and the proportion used to house low-income households.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2014
Paragraph
Mapping and framing security of tenure 2013, para. 13
- Paragraph text
- While no one appears fully protected from tenure insecurity, it is evident that the most marginalized and poorest bear the brunt of the insecurity burden.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic 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.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Poverty
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2013
Paragraph
Homelessness as a global human rights crisis that demands an urgent global response 2016, para. 86
- Paragraph text
- Homelessness is one of the least examined consequences of unabated inequality, unfair distribution of land and property and poverty occurring on a global scale. It is a result of State acquiescence to real estate speculation and unregulated markets - a result of treating housing as a commodity rather than as a human right. It is rooted in a global privileging of wealth and power, and scapegoating and scorning of those who do not have a home.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Poverty
- Person(s) affected
- All
- Year
- 2016
Paragraph
The impact of housing finance policies on the right to adequate housing of those living in poverty 2012, para. 70
- Paragraph text
- Long-term rights-based assessment of the impact of housing finance on access to adequate housing for the poor is largely lacking. Available data focus on the volume of lending and housing finance availability, and there is a shortage of consistent, reliable indicators on the performance of housing finance systems over time, especially regarding the housing conditions of the poor.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Poverty
- Person(s) affected
- All
- Year
- 2012
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 10d
- 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:] The undermining of security of tenure including through forced eviction.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2014
Paragraph
The impact of housing finance policies on the right to adequate housing of those living in poverty 2012, para. 16
- Paragraph text
- Housing finance policies directly affect the affordability component of the right to adequate housing (article 11, paragraph 1, of the International Covenant on Economic, Social and Cultural Rights). States should establish laws, policies and programmes to ensure that the percentage of housing-related costs is commensurate with income levels and that the attainment and satisfaction of other basic needs is not threatened or compromised. States are also required constantly to monitor the impact of their housing policies on the realization of the right to adequate housing and to control unreasonable increases in housing costs.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2012
Paragraph
Mapping and framing security of tenure 2013, para. 66
- Paragraph text
- The issue of non-discrimination on account of property or socioeconomic status is evidently complex. While the Committee on Economic, Social and Cultural Rights has explicitly prohibited such discrimination, the precise modalities of addressing these aspects of non-discrimination are unclear. How can States ensure that all members of society, regardless of economic status or type of tenure arrangement, enjoy security of tenure on the basis of non-discrimination and equal protection of the law? This has massive implications for inhabitants of informal settlements.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- All
- N.A.
- Year
- 2013
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.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- 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. (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.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2014
Paragraph
The impact of housing finance policies on the right to adequate housing of those living in poverty 2012, para. 66
- Paragraph text
- At the same time, housing finance policies tend to focus solely on housing affordability while failing to address the broader aspects of the right to adequate housing: location, access to infrastructure and services, habitability and security of tenure.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2012
Paragraph
Reflection on work undertaken in first 14 years of the mandate; outline of opportunities and priorities 2014, para. 39
- Paragraph text
- The meaning and the application of non-discrimination and equality in the context of economic, social and cultural rights have been described in a variety of international human rights documents.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2014
Paragraph
Mapping and framing security of tenure 2013, para. 24
- Paragraph text
- Land tenure systems and forms determine who can use and dispose of what land, housing or natural resources for how long and under what conditions. Attempts have been made to classify forms and systems of tenure in order to clarify existing arrangements.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2013
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;
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2014
Paragraph
The impact of housing finance policies on the right to adequate housing of those living in poverty 2012, para. 18
- Paragraph text
- The obligation to ensure the realization of the right to adequate housing does not oblige Governments to provide publicly built housing for all. Although the Committee on Economic, Social and Cultural Rights expressed the view that in some cases the State is obliged to provide social housing or low-rental units for low-income households, States are encouraged to employ a variety of housing policies, provided that "measures being taken are sufficient to realize the right for every individual in the shortest possible time in accordance with the maximum of available resources".
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2012
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.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- 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. 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.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Poverty
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2013
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 66
- Paragraph text
- Tenure security of the urban poor is affected by the activities of a diverse range of business actors, including property developers, construction companies, speculators, real-estate agencies, landlords, mega-event organizers and banks. While States must protect all individuals against violations of human rights, business enterprises also have human rights responsibilities. The responsibility to respect the right to adequate housing requires that business enterprises avoid causing or contributing to infringements of the right, and address adverse impacts when they occur. It requires that business enterprises seek to prevent adverse impacts on, inter alia, security of tenure that are directly linked to their operations, products or services by their business relationships, even if they have not contributed to those impacts.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Poverty
- Person(s) affected
- All
- Year
- 2014
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;
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- 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. 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.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Social & Cultural Rights
- Person(s) affected
- All
- N.A.
- Year
- 2015
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.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2017
Paragraph