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The right to life and the right to adequate housing: the indivisibility and interdependence between these rights 2016, para. 37
- Paragraph text
- The Committee's recognition in these cases that deportation into homelessness may constitute cruel and inhuman treatment or punishment, and that victims of homelessness in this context are entitled to a remedy, is significant. It is equally important, however, to ensure access to adjudication and remedy for those who experience the same deprivations of homelessness resulting from inaction or neglect within a State's own borders. In A.H.G and Jasin, the Committee considered the effects of widespread and systemic violations of the right to security and dignity. However, this consideration remained within the negative rights framework of prohibited "treatment" or "punishment". That framework is not conducive to hearing the substantive claim to a life of dignity, security and inclusion advanced by people with disabilities or women escaping violence, who do not see the fulfilment of their human rights merely as freedom from treatment or punishment but more fundamentally as a right to a place to live in 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
- Governance & Rule of Law
- Social & Cultural Rights
- Violence
- Person(s) affected
- Persons with disabilities
- Women
- Year
- 2016
- Date modified
- Feb 14, 2020
Paragraph
Women and their right to adequate housing 2012, para. 21
- Paragraph text
- One area in which new policies adopted in recent years have increasingly protected women's right to adequate housing is within the context of domestic violence. In Europe, for example, the Commissioner for Human Rights of the Council of Europe issued a recommendation on the implementation of the right to housing in 2009, advocating the adoption and implementation of national housing strategies by all Council of Europe member States. Section 4.3.6. of the recommendation deals explicitly with women and women victims of violence, calling upon States "to protect women victims of violence through specific legal and policy initiatives including the provision of specialized emergency shelters and other alternative housing." Section 5 also urges States to adopt national housing strategies that "apply a gender perspective, identify disadvantaged and vulnerable groups and include positive measures for ensuring their effective enjoyment of the right to housing," and also to "adopt anti-violence provisions in housing legislation and policies and ensure that domestic violence laws include provisions to protect women's right to housing, including the right to privacy 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
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- Women
- Year
- 2012
- Date modified
- Feb 14, 2020
Paragraph
Migration and the right to adequate housing 2010, para. 64
- Paragraph text
- Migrant domestic workers often live in their house of employment. Sometimes their visa requirements legally bind them to reside with their employers. In this context, migrant women are known frequently to endure unsafe and unhealthy living conditions and substandard accommodations, without essential facilities, insufficient space and lack of privacy or security. In some cases migrant workers are forced to sleep in the bathroom, kitchen or closet. Concerns have also been raised about the vulnerability of migrant domestic workers to domestic violence, sexual harassment, forced confinement and other abuse in their place of residence. Migrant women are all the more vulnerable when fear of eviction or deportation and lack of awareness about their rights prevent them from denouncing violence or unhealthy living conditions. When domestic workers report these abuses, the police have been known to dismiss their claims and return them to their employers. Migrant women victims of trafficking suffer further forms of abuse, often being confined in their workplace in degrading conditions, forced to work 20 hours a day, prevented from any external contact and receiving no salary (see also A/HRC/14/30, para. 55).
- Body
- 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
- Violence
- Person(s) affected
- Persons on the move
- Women
- Year
- 2010
- Date modified
- Feb 14, 2020
Paragraph
Women and their right to adequate housing 2012, para. 22
- Paragraph text
- The recognition that women's housing security is vital to their ability to leave a violent relationship is spreading, and efforts have been made at national level, resulting in the promulgation of new domestic laws. For instance, in Serbia, according to article 198(2) of the Family Law adopted in 2005, courts can issue an order for the removal of the perpetrator from family housing, and they can also order that victims of domestic violence be allowed to stay in family housing, in both cases regardless of the ownership of housing. In Brazil, what has become popularly known as the "Maria da Penha Law" (2006) allows for the removal of the abuser from the home. Additionally, the Indian Protection of Women from Domestic Violence Act (2005) explicitly recognizes the right of women victims of domestic violence to reside in a shared household, and provides that "every woman in a domestic relationship shall have the right to reside in the shared household, whether or not she has any right, title or beneficial interest in the same." In addition, the Act guarantees that a person suffering domestic violence "shall not be evicted or excluded from the shared household or any part of it by the respondent [i.e. the abuser] save in accordance with the procedure established by 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
- Violence
- Person(s) affected
- Families
- Women
- Year
- 2012
- Date modified
- Feb 14, 2020
Paragraph
Women and their right to adequate housing 2012, para. 36
- Paragraph text
- Furthermore, in order to uphold women's right to security of tenure within the context of domestic violence, women who are victims of domestic violence must also be able to enjoy security of tenure, such that they are allowed to reside in their own homes - regardless of title or formal ownership - whereas perpetrators may be removed.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Women
- Year
- 2012
- Date modified
- Feb 14, 2020
Paragraph
Women and their right to adequate housing 2012, para. 35
- Paragraph text
- Where evictions are lawful under international human rights law, at no time shall acts of violence and harassment against women be tolerated. As the basic principles and guidelines on development-based evictions and displacement underscore, States must ensure "that women are not subject to gender-based violence and discrimination in the course of evictions."
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Women
- Year
- 2012
- Date modified
- Feb 14, 2020
Paragraph
Women and their right to adequate housing 2012, para. 67
- Paragraph text
- States should also ensure that police units operating at the local level are adequately supported to assist women victims of property grabbing and domestic violence, including the removal of perpetrators from the home and the recovery of stolen property. States should also ensure that emergency shelters are available and accessible to women, and that women who are victims of domestic violence are specifically able to benefit from transitional housing programmes and social housing 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)
- Humanitarian
- Violence
- Person(s) affected
- Women
- Year
- 2012
- Date modified
- Feb 14, 2020
Paragraph
The right to life and the right to adequate housing: the indivisibility and interdependence between these rights 2016, para. 24
- Paragraph text
- For women and children victims of domestic violence the home ceases to be the safe haven it is meant to be and becomes the most dangerous place, in some cases leading to their death. Factors such as overcrowded residences, poor habitability and lack of accessible services (water, electricity and sanitation) increase the incidence of domestic violence. Many women in such situations are unable to remove the perpetrator from the house, owing to a lack of family, community and State supports. Further, many women are prevented from leaving violent situations because alternative housing and financial supports are unavailable. Those who do manage to leave home become vulnerable to homelessness and consequently may suffer further 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)
- Violence
- Water & Sanitation
- Person(s) affected
- Children
- Families
- Women
- Year
- 2016
- Date modified
- Feb 13, 2020
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 64
- Paragraph text
- States should take measures to protect the tenure security and promote inheritance rights of women and girls in the case of the death of a spouse, father, brother, son or other male household member so that they are able to continue residing in the family home. States should also take measures to address the vulnerability of women and children to tenure insecurity due to a breakdown of spousal relations, including as a result of domestic violence. Women and children's security of tenure should be prioritized in these circumstances. Many legal systems authorize the victim of domestic violence to stay in the family home, and order the removal of the perpetrator. For example, in Serbia, the Family Law authorizes the courts to issue an order for the removal of the perpetrator of domestic violence from the family home, allowing the victim to remain in the home, regardless of ownership (art. 198 (2)). When remaining in the family home is not feasible, States should ensure victims have access to alternative adequate housing with secure 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
- Violence
- Person(s) affected
- Children
- Families
- Girls
- Women
- Year
- 2014
- Date modified
- Feb 13, 2020
Paragraph
Women and their right to adequate housing 2012, para. 60
- Paragraph text
- Adequate legal enforcement also requires that all human rights violations, such as forced evictions, disinheritance, violence against women carried out within the context of eviction be vigorously investigated, prosecuted and punished. Police units operating at the local level should be adequately supported to assist women with issues stemming from violations or potential violations of their right to adequate housing, such as property grabbing and domestic violence, including the removal of perpetrators from the home and the recovery of stolen property.
- Body
- 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
- Violence
- Person(s) affected
- Women
- Year
- 2012
- Date modified
- Feb 13, 2020
Paragraph
Women and their right to adequate housing 2012, para. 33
- Paragraph text
- In addition, mass forced evictions which take place at the hands of State authorities or third party actors also impact women disproportionately. In 2000, the then Special Rapporteur on Violence against Women wrote: Violence occurring in relation to forced eviction starts before the eviction process. Psychological stress on learning about the eviction can destabilize the family atmosphere and cause emotional trauma. (…) During the eviction, verbal abuse and beatings, rape and even killing are common. The destruction of the home and the destruction of property are further traumatic experiences. (…) Coping with injuries, the death of family members, inadequate housing or even homelessness, poverty, lack of community support when relocated away from the home town are all possible burdens that have to be taken on by women after eviction.
- Body
- 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
- Violence
- Person(s) affected
- Families
- Women
- Year
- 2012
- Date modified
- Feb 13, 2020
Paragraph
Women and their right to adequate housing 2012, para. 32
- Paragraph text
- Security of tenure, as a cornerstone element of the right to adequate housing, provides legal protection against forced eviction, as well as harassment and other threats. For women, security of tenure is too often tenuous and secondary because it is assumed to be achieved through their relationship with a male - be it their husband, father, brother, or son. This situation falls far short of the standard, and gaps in protection are easily exposed. For many women, once that relationship with a male family member is severed through death or divorce, they are immediately vulnerable to being forced out of their homes. As we know, this is the case for widows who are routinely "disinherited" after the death of their husbands, as well as for women victims of domestic violence where a woman's housing situation depends on her relationship to her abuser.
- Body
- 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
- Violence
- Person(s) affected
- Families
- Women
- Year
- 2012
- Date modified
- Feb 13, 2020
Paragraph
Women and their right to adequate housing 2012, para. 7
- Paragraph text
- Those consultations brought to light the specific difficulties that women, in every region, have to face in accessing housing and land. And, to make matters worse, far from being a place of safety and security, the home is too often permeated by violence. Women, those consultations highlighted, were likely to experience physical and sexual assault within the context of forced evictions. They also face insecurity and abuse within their own communities, including domestic violence. While the home should be a place of security, dignity, peace, and equality, for millions of women around the world the right to adequate housing has gone unfulfilled and unrealized.
- Body
- 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
- Violence
- Person(s) affected
- Women
- Year
- 2012
- Date modified
- Feb 13, 2020
Paragraph
Post conflict and post disaster reconstruction and the right to adequate housing 2011, para. 45
- Paragraph text
- These and other proposals to address housing, land and property rights through the active participation of the affected people, and to build on existing community processes, were not taken up by the transitional authorities or the newly independent Government. In the aftermath of the later wave of violence, destruction and displacement of 2006-7, the need for such involvement became prominently recognised. The five pillars of the National Recovery Strategy included one aimed at building trust within communities and between the people and the Government. This was in the context of urgent attempts to achieve the reintegration and return of IDPs displaced by the violence to their communities, with the incentive of cash compensation from the State with which they could repair their homes or settle in alternative areas in cases where reintegration proved impossible. As part of a Dialogue, Communications and Outreach Programme, dialogue teams were established to manage the necessary conflict resolution, mediation and negotiation processes. This required the participation of local authorities, youth leaders and other groupings. The programme, which was still continuing in some communities in May 2010, incorporated the use of customary dispute resolution practices and peacebuilding ceremonies. It is widely regarded as having been successful and necessary for peacebuilding and the safe return of IDPs. Women reportedly participated far more actively than men in the community dialogue and reconciliation process. This was in contrast to the compensation payment process, which had been male-dominated.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- Persons on the move
- Women
- Year
- 2011
- Date modified
- Feb 13, 2020
Paragraph
Migration and the right to adequate housing 2010, para. 60
- Paragraph text
- For example, between 15,000 and 20,000 Roma people are currently living in the Italian capital. Most of them have Romanian citizenship or originate from countries of former Yugoslavia - Serbia, Croatia, Montenegro and the former Yugoslav Republic of Macedonia. In 2008, Roma families were victims of assaults and discrimination, including eviction from illegal settlements across Rome. These evictions were characterized by the indiscriminate destruction of their huts and lack of provision of alternative housing, which left hundreds of Roma, including women and children, without 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
- Social & Cultural Rights
- Violence
- Person(s) affected
- Children
- Families
- Persons on the move
- Women
- Year
- 2010
- Date modified
- Feb 13, 2020
Paragraph
15 shown of 15 entities