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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
The right to life and the right to adequate housing: the indivisibility and interdependence between these rights 2016, para. 70
- Paragraph text
- The narrowing of the right to life to a negative rights framework has deprived millions of already disadvantaged individuals of the full protection of this core right. In many domestic contexts, the right to housing may not be enshrined in law and cannot be claimed directly, whereas the right to life appears in most constitutions. In this context, a narrow interpretation of the right to life may prevent someone who is homeless or suffering severe housing inadequacy from making any human rights claim whatsoever. On the other hand, where the right to adequate housing is explicitly protected as a self-standing constitutional right, it is more effectively enforced by courts when connected to the right to life. Making this connection allows courts to better assess whether adequate resources have been allocated and reasonable measures taken in accordance with core human rights 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
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2016
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.
- Body
- 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
Homelessness as a global human rights crisis that demands an urgent global response 2016, para. 91i
- Paragraph text
- [In line with the present conclusions, the Special Rapporteur offers the following recommendations to States:] National and local governments must re-engage and recommit to their role of providing social protection and ensuring access to affordable housing for marginalized and vulnerable groups, reaffirming that housing is a human right rather than a commodity. Subnational governments must have access to adequate resources to meet their allocated responsibilities;
- Body
- 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
- 2016
Paragraph
Homelessness as a global human rights crisis that demands an urgent global response 2016, para. 91j
- Paragraph text
- [In line with the present conclusions, the Special Rapporteur offers the following recommendations to States:] Any evictions that may result in homelessness, including those intended to render homeless people less visible, such as to promote tourism or facilitate mega events, must be recognized under domestic law as gross violations of human rights and be immediately stopped. Forced evictions must not occur without prior meaningful consultation with affected groups, an exploration of all alternatives, including in situ upgrading, and the implementation of agreed-upon resettlement options for those affected;
- Body
- 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
- 2016
Paragraph
The right to life and the right to adequate housing: the indivisibility and interdependence between these rights 2016, para. 68
- Paragraph text
- The starting point for understanding the scope of the right to life should be what rights holders are entitled to, not the cause of the deprivation. Homelessness and grossly inadequate housing may be the result of actions leading to eviction and deportation, but equally may result from inaction - a failure to address long-term systemic patterns of social exclusion and deprivation. Nevertheless, the deprivation experienced is essentially the same: preventable illnesses, a shortened lifespan and deprivation of dignity 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)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2016
Paragraph
The right to life and the right to adequate housing: the indivisibility and interdependence between these rights 2016, para. 69
- Paragraph text
- Assessing whether States have violated rights in these circumstances does not only mean considering whether actions of States caused a deprivation of life but also, and more fundamentally, whether there are actions which States can reasonably be expected to take to address such deprivations. Some violations of the rights to life and adequate housing may be subject to immediate remedy; others may require longer-term solutions but, regardless, access to justice must be ensured and the rights to life and adequate housing must 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
- 2016
Paragraph
The right to life and the right to adequate housing: the indivisibility and interdependence between these rights 2016, para. 74
- Paragraph text
- National human rights institutions should jointly commit themselves to renouncing the false division between categories of rights and review their mandates and programmes to ensure that full attention is given to violations of the right to life linked to socioeconomic deprivation, including homelessness and inadequate 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
- 2016
Paragraph
The right to life and the right to adequate housing: the indivisibility and interdependence between these rights 2016, para. 75
- Paragraph text
- Human rights organizations and human rights funders should conduct audits of their priorities and programmes to assess whether adequate attention and resources have been provided to those whose right to life and right to housing have been violated. More attention should be paid to an assessment of whether States have taken reasonable measures to respond to systemic violations of the right to housing and the right to life. Strategic litigation and other initiatives should be developed and funded to advance, on a systematic basis, better recognition, advancement and protection of the rights claims of those living in extreme poverty and in grossly inadequate housing, or who are 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
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2016
Paragraph
The right to life and the right to adequate housing: the indivisibility and interdependence between these rights 2016, para. 67
- Paragraph text
- Advances in the understanding of the right to life and the right to adequate housing by regional bodies and domestic courts provide a solid platform for a reunified approach to these rights at the international level, consistent with the principles of universality, indivisibility and interdependence. More importantly, rights holders living the connection between the right to life and the right to adequate housing must have their claims heard and responded to. The international human rights system must lead, not resist, the move towards a more inclusive understanding of these 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
- Person(s) affected
- All
- Year
- 2016
Paragraph
Homelessness as a global human rights crisis that demands an urgent global response 2016, para. 88
- Paragraph text
- Instead of being treated as a group of rights bearers whose rights have been systematically violated, homeless people have become a stigmatized group subject to criminalization, discrimination and social exclusion. To be homeless is to experience acts of violence, a shortened life span and ill-health and to be criminalized for survival strategies for eating or sleeping in public space. Homeless people are rendered voiceless and invisible, banished to the peripheries of cities and towns, out of sight. Their humanity and dignity are rarely considered in legislation, public policies 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
- Health
- Person(s) affected
- All
- Year
- 2016
Paragraph
Homelessness as a global human rights crisis that demands an urgent global response 2016, para. 90
- Paragraph text
- From a human rights perspective, State obligations in relation to homelessness are well established and have been clearly articulated. These include the following immediate obligations of States: (a) to adopt and implement strategies to eliminate homelessness, with clear goals, targets and timelines; (b) to eliminate the practice of forced eviction, especially where it will lead to homelessness; (c) to combat and prohibit in law discrimination, stigma and negative stereotyping of homeless people; (d) to ensure access to legal remedies for violations of rights, including for the failure of States to take positive measures to address homelessness; and (e) to regulate third-party actors so that their actions are consistent with the elimination of homelessness and do not discriminate either directly or indirectly against homeless people.
- Body
- 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
- 2016
Paragraph
Homelessness as a global human rights crisis that demands an urgent global response 2016, para. 89
- Paragraph text
- Failures to measure and document homelessness effectively, including in its less visible forms and in its more qualitative dimensions, have contributed to the lack of State-led or global responses. The absence of any reference to homelessness in development goals attests to the continued marginalization of homeless people.
- Body
- 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
- 2016
Paragraph
Homelessness as a global human rights crisis that demands an urgent global response 2016, para. 91e
- Paragraph text
- [In line with the present conclusions, the Special Rapporteur offers the following recommendations to States:] Any and all laws or measures that criminalize, impose fines on or restrict homeless people or behaviour associated with being homeless, such as sleeping or eating in public spaces, must be immediately repealed;
- Body
- 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
- 2016
Paragraph
The right to life and the right to adequate housing: the indivisibility and interdependence between these rights 2016, para. 73
- Paragraph text
- States must address issues of inadequate housing and homelessness and name them as core human rights issues linked to the right to life - in domestic law and policy and in international initiatives, including the 2030 Agenda for Sustainable Development and the New Urban Agenda. States must also conduct a thorough examination of legislation, court practice and public policies to ensure that the right to life is not restricted to a negative rights framework. States must formally recognize that the right to life includes the right to a place to live in dignity and security, free of violence, and ensure access to justice for all victims of violations of the right to life, including those linked to homelessness and inadequate housing. Governments must ensure the effective integration of housing policy and social protection with human rights frameworks, mechanisms and institutions, so that housing policy is properly framed around the implementation of core human rights obligations, and access to effective remedies is incorporated in programme design and 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)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2016
Paragraph
Homelessness as a global human rights crisis that demands an urgent global response 2016, para. 85
- Paragraph text
- Widespread homelessness is evidence of the failure of States to protect and ensure the human rights of the most vulnerable populations. It is occurring in all countries, regardless of the phase of development of their economic or governance systems, and it has been occurring with impunity. The nature and scope of homelessness globally suggests society's lack of compassion for the full scale of deprivation and loss of dignity associated with being homeless. It is a phenomenon requiring urgent and immediate action by the international community and by all States.
- Body
- 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
- 2016
Paragraph
The right to life and the right to adequate housing: the indivisibility and interdependence between these rights 2016, para. 72
- Paragraph text
- The true reunification of the right to life and the right to adequate housing, however, can only be accomplished by a global response, led by States, including their legislatures and courts, by human rights institutions and by civil society.
- Body
- 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
- 2016
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
Responsibilities of local and other subnational governments in relation to the right to adequate housing 2015, para. 75
- Paragraph text
- It remains imperative to promote and continue to develop international norms that are appropriate to subnational levels of government. The reasonableness standard and the innovative approaches to structural remedies that have emerged from domestic courts offer other jurisdictions a useful framework for engaging the obligations of local and other subnational governments to progressively realize the right to adequate housing without 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
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2015
Paragraph
Responsibilities of local and other subnational governments in relation to the right to adequate housing 2015, para. 76h
- Paragraph text
- [In line with the above-mentioned conclusions, the Special Rapporteur wishes to offer the following recommendations:] States should ensure that the right to adequate housing and related rights are protected in law and applicable to the local and subnational governments. States should guarantee access to justice and effective remedies for violations of the right to adequate housing at the local as well as the national 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
- 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. 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. 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. 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
Responsibilities of local and other subnational governments in relation to the right to adequate housing 2015, para. 72
- Paragraph text
- A human rights approach to local governance and subsidiarity does not require that all authority rest with local governments. Rather, it requires a recognition that local governments are at a critical point of intersection between rights holders and complex systems of multi-level governance. That makes them central actors in the realization of the right to adequate housing within diverse domestic systems. Local governments are in a position to bring forward the experiences of marginalized groups and others whose rights have not been ensured and to find solutions. They serve as the main contact point with community-based initiatives for housing production and upgrades, linking them with broader regional, national or international financing, development and human rights 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)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2015
Paragraph
Responsibilities of local and other subnational governments in relation to the right to adequate housing 2015, para. 71
- Paragraph text
- Although the drive for decentralization can resonate with many core values linked to the right to adequate housing, including local empowerment, meaningful engagement, and enhanced accountability and transparency, decentralization is not always favourable to the implementation of the right to adequate housing. Proximity to stakeholders is only a positive feature if local and other subnational levels of government have the necessary resources and the administrative capacity to perform the functions accorded them; if they are cognizant of human rights, accountable and responsive to stakeholders; if meaningful participatory mechanisms are in place; if local elites do not undermine democratic accountability; and if corruption is 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
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2015
Paragraph
Responsibilities of local and other subnational governments in relation to the right to adequate housing 2015, para. 76e
- Paragraph text
- [In line with the above-mentioned conclusions, the Special Rapporteur wishes to offer the following recommendations:] Any processes of decentralization in relation to housing should be guided and informed by human rights, in particular the right to adequate housing. Transfers of responsibility for housing or other programmes from one level of government to another should be accompanied by a clarification of concomitant human rights obligations including requirements of monitoring and accountability.
- Body
- 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
- 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. 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
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