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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
- Means of adoption
- N.A.
- Topic(s)
- Social & Cultural Rights
- Violence
- Person(s) affected
- Families
- Women
- Year
- 2012
Paragraph
Women and their right to adequate housing 2012, para. 49
- Paragraph text
- On the positive side, the design of housing itself can certainly encourage greater equality vis-à-vis enjoyment and use of domestic space. An example of new ways of thinking about domestic space from a gender perspective can be seen through the development of housing projects which seek to promote non-hierarchical and more flexible uses of the home. For example, creating personal workspaces inside the home can support women who are more likely to engage in home-based income-generating activities. Another interesting development which can be found in certain policies relates to the design of kitchens, a traditionally female space which is often cramped and separated. The design of housing from a gender-sensitive perspective can better promote family integration, as well as a more equitable sharing of household responsibilities between women and men through openness and shared use of spaces.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Person(s) affected
- Families
- Men
- Women
- Year
- 2012
Paragraph
Mapping and framing security of tenure 2013, para. 16
- Paragraph text
- Conversely, when access to secure housing or land is provided, the potential for social and economic progress is immense-a fact recognized globally. Tenure security means a lot to families and individuals. It gives people certainty about what they can do with their land or home; and it offers them protection from encroachments by others. It often protects, increases and enables access to public services and benefits. It increases economic opportunities. It is a basis for women's economic empowerment and protection from violence. The relevance of the issue, not only to human rights but also to development, is evident.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Civil & Political Rights
- Social & Cultural Rights
- Person(s) affected
- Families
- Women
- Year
- 2013
Paragraph
The right to adequate housing of persons with disabilities 2017, para. 79
- Original document
- Paragraph text
- Subnational and local governments have also initiated important efforts to address the right to adequate housing of persons with disabilities. Article XIV (1) of the World Charter for the Right to the City provides for universal realization of the right to housing and emphasizes the need for accessible and suitable locations. In article X of the Global Charter-Agenda for Human Rights in the City, it is recommended that cities adopt regulations to ensure the accessibility of housing for persons with disabilities. Some cities have sought to initiate inclusive zoning policies to prevent restrictions on supportive housing. Others have adopted measures to address affordability, such as housing benefits and/or allowances, grants or loans for required adaptations, lower interest rates on housing loans and reduced housing taxes for families with a family member with a disability.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Families
- Persons with disabilities
- Year
- 2017
Paragraph
Migration and the right to adequate housing 2010, para. 44
- Paragraph text
- The segregation within the urban structure of the hosting territory is another dimension of migrant housing conditions: stereotyping, xenophobia and suspicion against migrants and the erection of barriers to keep them away from the local community foster the exclusion of migrants from the urban space. Segregation is also a consequence of insufficient access to social housing and services, which denies migrants access to fully serviced neighbourhoods, confining them to unserviced and unplanned areas with poor conditions and insufficient infrastructure and further fragmenting cities and fostering spatial clustering. Moreover, the need for undocumented migrants to remain invisible to authorities and the desire of all migrants to increase protection among members of each national community and to receive assistance from relatives and friends encourages ghettoized urban spaces.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Movement
- Social & Cultural Rights
- Person(s) affected
- Families
- Persons on the move
- Year
- 2010
Paragraph
Women and their right to adequate housing 2012, para. 23
- Paragraph text
- Women's right to adequate housing is often denied or ignored within the broader context of family and marriage law. Equality in matters of inheritance is often denied for women and girls on the basis of custom and tradition, whether within the context of the death of a spouse, parent or other relative. This has important ramifications, as inheritance is a primary means by which wealth and resources are transferred within societies, as well as within families. To be excluded from the process of inheritance reinforces women's lack of autonomy and equality, and jeopardizes in a very direct way their 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
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Families
- Girls
- Women
- Year
- 2012
Paragraph
Women and their right to adequate housing 2012, para. 25
- Paragraph text
- In applying the law, the courts also have a critical role to play. In Kenya, recent judicial decisions referencing the Convention on the Elimination of All Forms of Discrimination against Women have put to rest the persistent conflict between customary legal systems which deny women inheritance of family property on the one hand, and the guarantee of gender equality under the Kenyan Constitution on the other. In the Ntutu case (2008), for example, the Kenyan High Court heard arguments by the sons of the deceased that "Masai customary law of succession … does not recognize the rights of the daughters to inherit the estate of their fathers." Here, the Court applied international human rights law, international covenants and treaties which have been ratified by Kenya, and noted the previous decision of Rono vs. Rono. The Court found "the customary law which shall abrogate the right of daughters to inherit the estate of a father cannot be applicable as it shall be repugnant to justice and morality," and upheld the right of the daughters to inherit equally from the assets of the estate.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Families
- Women
- Year
- 2012
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
- Means of adoption
- N.A.
- Topic(s)
- Economic Rights
- Social & Cultural Rights
- Water & Sanitation
- Person(s) affected
- Families
- Year
- 2013
Paragraph
Homelessness as a global human rights crisis that demands an urgent global response 2016, para. 22
- Paragraph text
- The humiliation homeless people suffer in their daily lives cannot be underestimated. Take for example, the experience of women who lack adequate sanitation facilities, especially during menstrual cycles, or of families who are treated like "human waste", forced to establish their households on or next to a garbage dump. Homeless people have told the Special Rapporteur, often through tears, that more than any material security, what they yearn for is to be "seen", to be recognized and treated by society as human beings with inherent dignity and respect.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Water & Sanitation
- Person(s) affected
- Families
- Women
- Year
- 2016
Paragraph
Homelessness as a global human rights crisis that demands an urgent global response 2016, para. 39
- Paragraph text
- Discrimination is both a cause and a consequence of homelessness. Those who face discrimination on the grounds of race, ethnicity, place of origin, socioeconomic status, family status, gender, mental or physical disability, health condition, sexual orientation and/or gender identity and age are more likely to become homeless and, once homeless, experience additional discrimination. The intersections of other grounds of discrimination with homelessness vary in different countries. In some, for example, racial inequality intersects strongly with homelessness. In Brazil, African-Brazilians make up only 7 per cent of the population of wealthy areas and yet make up the majority in informal settlements. In the United States of America, black families are seven times more likely to be homeless than white families.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Families
- Year
- 2016
Paragraph
Homelessness as a global human rights crisis that demands an urgent global response 2016, para. 40
- Paragraph text
- The ongoing legacy of discriminatory customary and statutory laws on divorce, inheritance and matrimonial property - as well as social practices that attribute housing to male heads of households and the resultant poverty - deprive women of security of tenure and render them particularly vulnerable to homelessness. When women are widowed, separated or divorced, need to leave violent households or flee situations of armed conflict or natural disasters, or are evicted from their homes, they face significant risks of becoming homeless. Divorced and widowed women in Bangladesh and Lebanon, for example, are reported to be living in dilapidated shacks in dangerous informal settlements and women fleeing violence in Kyrgyzstan and Papua New Guinea are left with few housing options.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Humanitarian
- Poverty
- Social & Cultural Rights
- Person(s) affected
- Families
- Women
- Year
- 2016
Paragraph
Homelessness as a global human rights crisis that demands an urgent global response 2016, para. 56
- Paragraph text
- The African Commission on Human and Peoples' Rights has affirmed that the right to adequate housing is implied in the African Charter by its articles 14 on the right to property, 16 on the right to highest attainable standard of mental and physical health and 18 (1) on protection accorded to the family. It considers that forced evictions leading to homelessness are contrary to the Charter, and has urged all States to report on measures taken to address homelessness and to appoint an independent national body to monitor State compliance 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
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Social & Cultural Rights
- Person(s) affected
- Families
- Year
- 2016
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
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Violence
- Person(s) affected
- Children
- Families
- Persons on the move
- Women
- Year
- 2010
Paragraph
Migration and the right to adequate housing 2010, para. 67
- Paragraph text
- The housing situation of children is directly connected to the status of their migrant parents. When parents, and especially migrant single mothers, have no access to employment, social benefits or other sources of livelihood in the host country, children may end up living in substandard conditions or being homeless alongside their parents. On many occasions, migrant women heads of families, sometimes in charge of several children, have had great difficulty in finding employment and caring for their children, finding reduced opportunities to provide adequate shelter and essential food.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Movement
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Persons on the move
- Women
- Year
- 2010
Paragraph
Migration and the right to adequate housing 2010, para. 68
- Paragraph text
- When children do not have documents they face triple discrimination: as children, as migrants and as being undocumented, and thus they constitute one of the most vulnerable groups. Their right to adequate housing, as well as other economic, social and cultural rights, are often severely affected in those circumstances. Among undocumented children, a particularly difficult situation is that of unaccompanied migrant children, who, because their parents are unable to work or they have no parents to look after them, are forced into poverty and exclusion. Often living on the streets, in parks and in front of shops, these children are excluded from child protection services and are denied adequate housing. In certain countries, unaccompanied children are detained for living on the streets and are institutionalized in prison-like conditions or deported to countries where they have no family to care for them (see A/HRC/14/30, paras. 58 and 59).
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Poverty
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2010
Paragraph
The impact of housing finance policies on the right to adequate housing of those living in poverty 2012, para. 60
- Paragraph text
- Some community funds, such as Baan Mankong in Thailand and the Community Mortgage Programme in the Philippines, have demonstrated a great capacity to expand their coverage and to execute complex housing and infrastructure projects that involve national and local Governments, landowners and several communities. The Baan Mankong programme, introduced in 2003 by the Government of Thailand and implemented by an independent Government agency, the Community Organizations Development Institute, aimed to improve living conditions for 300,000 families by 2008. Its strategy for delivering low-income housing is to channel funds to community-based organizations that plan and carry out projects themselves. The programme became an exemplar for community-supported slum upgrading, although it has been implemented on a smaller scale than originally envisaged.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Families
- Year
- 2012
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
- Means of adoption
- N.A.
- Topic(s)
- Poverty
- Social & Cultural Rights
- Person(s) affected
- Families
- Year
- 2013
Paragraph
The right to adequate housing in disaster relief efforts 2011, para. 42
- Paragraph text
- Concerns have also been expressed over what has been called "the business of reconstruction", whereby the planning, financing and implementation of reconstruction are outsourced to private companies. In some cases, outsourcing reconstruction without putting adequate safeguards in place has been associated with negative impacts on the adequacy and affordability of reconstruction as well as on people's ability to participate in and benefit from reconstruction efforts. In Chile, following the earthquake and subsequent tsunami of February 2010, the private sector reportedly played a central role in the reconstruction of urban centres and coastal areas. Following one of the main principles of the national reconstruction plan, families have the choice to decide whether to rebuild their homes on the same sites of the collapsed buildings or to acquire a previously existing or a newly built house. However, as housing reconstruction was supported mainly by subsidies attached to individual property, private constructors preferred to rebuild housing in new areas on the outskirts of towns, rather than the central areas from which many people had been displaced, where land and housing prices were much higher. Real estate companies were also said to pressure families to sell land and housing at very low prices in a moment where they were very vulnerable, in order to make way for private redevelopment. This shows that if left only to the market, new housing for the poorest will likely be in the peripheries.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Social & Cultural Rights
- Person(s) affected
- Families
- Persons on the move
- Year
- 2011
Paragraph
Women and their right to adequate housing 2012, para. 34
- Paragraph text
- In order to ensure women's right to security of tenure, it is critical for States to refrain from the practice of forced evictions, and to protect women against forced evictions at the hands of private actors and third parties. In particular, the independent right of women to security of tenure should be explicitly recognized in housing law, policy and programmes, irrespective of their family or relationship status, thereby protecting women from forced evictions, including at the hands of community and even family members.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Families
- Women
- Year
- 2012
Paragraph
Reflection on work undertaken in first 14 years of the mandate; outline of opportunities and priorities 2014, para. 66
- Paragraph text
- Regarding migrant workers (and their families), the Rapporteur wishes to consider the particular vulnerabilities faced by such workers, especially if they are undocumented, in gaining access to and maintaining adequate housing and living conditions, whether owing to administrative or legal obstacles or to de facto discrimination and multiple discrimination. The Special Rapporteur hopes to work collaboratively with the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and the Special Rapporteur on the human rights of migrants to assess policies, programmes and measures in relation to the right to an adequate standard of living, including housing, and to seek avenues for cooperation to ensure adequate housing and living conditions for migrant workers.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Movement
- Social & Cultural Rights
- Person(s) affected
- Families
- Persons on the move
- Year
- 2014
Paragraph
Homelessness as a global human rights crisis that demands an urgent global response 2016, para. 75
- Paragraph text
- The Committee on Economic, Social and Cultural Rights has focused on the need for comprehensive housing strategies to address homelessness, framed around the right to housing and ensuring monitoring and accountability with goals, timelines and complaints procedures. Similarly, in the case of street children, the United Nations High Commissioner for Human Rights advocates a holistic approach that recognizes rights as interdependent and interconnected, through a coordinated approach across government departments and with the involvement of family and community.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Year
- 2016
Paragraph
Migration and the right to adequate housing 2010, para. 14
- Paragraph text
- Article 5 of the International Convention on the Elimination of All Forms of Racial Discrimination sets out the right of everyone, without distinction as to race, colour or national or ethnic origin, to equality in the enjoyment of the right to housing. Article 43 of the International Convention for the Protection of the Rights of All Migrant Workers and Members of Their Families requires States to ensure the same treatment regarding access of documented migrants to housing as is afforded to nationals, including social housing schemes and protection against exploitation in respect of rent. Moreover, article 64 requires States to promote sound, equitable and humane conditions in connection with international migration and to pay due regard not only to labour needs and resources, but also to the social, economic, cultural and other needs of migrant workers.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Movement
- Social & Cultural Rights
- Person(s) affected
- Families
- Persons on the move
- Year
- 2010
Paragraph
The right to adequate housing in disaster relief efforts 2011, para. 22
- Paragraph text
- Often, multiple factors of vulnerability and discrimination have a compounding effect. Post-Katrina responses by the federal and state governments in the United States generally were found lacking when it came to supporting lower-income renters - predominantly African American - and addressing the range of obstacles that prevented them from accessing affordable housing. Despite a federal programme of housing vouchers, in practice, families with rent vouchers had difficulties finding rental units. Reasons included public and rental housing shortages (due to storm damage but also to subsequent decisions to massively cut down public housing), rent increases, discrimination by landowners, the slow pace of rental housing construction and the decision by states in the Gulf coast to direct the bulk of federal funds towards repairing homeowner units rather than rental ones. With a very limited option to rent, an important number of families were de facto denied return to their city and former homes; which resulted in a rise 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
- Means of adoption
- N.A.
- Topic(s)
- Humanitarian
- Social & Cultural Rights
- Person(s) affected
- Families
- Year
- 2011
Paragraph
The impact of housing finance policies on the right to adequate housing of those living in poverty 2012, para. 41
- Paragraph text
- Problems also soon emerged with regard to the location of these programmes. In Chile, planning regulations were loosened and city limits expanded under the premise that a freely operating land market would automatically contribute to providing access to adequate housing through housing markets. Unlike in the case of housing markets for higher-income families, in which suppliers have to be sensitive to demand requirements and therefore to the trilogy of product-price-location as they operate in a competitive context, operators that supply social housing have a captive demand, particularly when it is fully subsidized. In a context of housing deficit, beneficiaries of housing subsidies will simply "buy" what is available at the moment. Suppliers of social housing can therefore be not very sensitive to, or simply ignore, demand preferences, as there is no competition.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Families
- Year
- 2012
Paragraph
The impact of housing finance policies on the right to adequate housing of those living in poverty 2012, para. 42
- Paragraph text
- Subsidized housing developments have been built primarily in the urban periphery where land costs are lowest. In Chile, the majority of housing built through the subsidy scheme between 1978 and 2000 has been concentrated in peripheral locations, lacking enough or adequate infrastructure, schools, health facilities and employment opportunities. Poor public transport and road quality further impairs residents' ability to access services and employment. Subsidy programmes in South Africa, Mexico and Brazil have also been criticized for replacing widespread informal housing with low-standard and stigmatized housing typologies concentrating low-income families. The result is greater urban and social segregation, an increase in the disparity in access to urban services, a worsening of local living conditions, increased environmental damage and urban security problems.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Environment
- Social & Cultural Rights
- Person(s) affected
- Families
- Year
- 2012
Paragraph
Reflection on work undertaken in first 14 years of the mandate; outline of opportunities and priorities 2014, para. 23
- Paragraph text
- Civil society organizations have brought new and diverse housing issues before the Committee on Economic, Social and Cultural Rights, and also before the Human Rights Committee, the Committee on the Elimination of Racial Discrimination, the Committee on the Rights of the Child, the Committee on the Elimination of Discrimination against Women, the Committee on the Rights of Persons with Disabilities and the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families. By doing so, they have encouraged various treaty monitoring bodies to consider State obligations with respect to the right to housing in diverse circumstances and to clarify the links between the right to housing and other human rights. These dynamic interactions between national experiences and international human rights mechanisms benefit and strengthen both.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Families
- Persons on the move
- Persons with disabilities
- Year
- 2014
Paragraph
The right to life and the right to adequate housing: the indivisibility and interdependence between these rights 2016, para. 38
- Paragraph text
- A similar paradox has emerged in the consideration under the International Covenant on Civil and Political Rights of homelessness resulting from evictions and the demolition of housing. The catastrophic effects of homelessness on the right to life have been addressed as human rights violations, but only in the context of interference with the home. States' positive obligations to address circumstances of grossly inadequate housing in order to protect and ensure the right to life have not been addressed. In Georgopoulos et al. v. Greece (see CCPR/C/99/D/1799/2008) the Committee considered the case of a Roma family living in a settlement with no access to electricity or sanitation and only two taps providing running water for the settlement. The settlement was described by the Prime Minister's Advisor on Quality of Life, as the worst in Greece and "an insult to our humanity" (ibid., para. 2.1). All attempts to improve the community's living conditions or to relocate the residents to a better settlement had been abandoned because of hostility towards the Roma. When the Georgopoulos family left their shed for a period of time to seek seasonal employment, municipal officials demolished it and prevented the construction of a replacement. The Committee held that the demolition of the authors' shed and the prevention of construction of a new home amounted to a violation of articles 17 (interference with the home), 23 (protection of the family) and 27 (right to enjoy one's culture).
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Families
- Year
- 2016
Paragraph
Post conflict and post disaster reconstruction and the right to adequate housing 2011, para. 41
- Paragraph text
- With the correct approach and support from the national government and outside agencies, the people directly affected by disasters and conflicts ought to remain directly involved despite the enormity of the challenges they face. This is particularly important in the areas of resettlement and reconstruction. The individuals, families and communities affected possess vital local knowledge and experience, and when working together can be an invaluable partner in designing and implementing creative solutions. Community-based reconstruction, linked to planning and reconstruction processes developed at the municipal and national levels, should be promoted wherever possible. The IASC guidelines accordingly advise agencies "In the planning and rehabilitation of housing and human settlements, [to] devise community-based strategies to maximize the participation of all sectors of affected communities (e.g. community housing teams). Local communities should be involved in decision-making regarding the location, design and infrastructure of housing and settlements to ensure that they are safe, habitable, accessible and culturally appropriate."
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Social & Cultural Rights
- Person(s) affected
- Families
- Year
- 2011
Paragraph
Post conflict and post disaster reconstruction and the right to adequate housing 2011, para. 44
- Paragraph text
- In the case of East Timor discussed earlier, the importance and value of direct participation of the affected population in re-establishing a system of housing, land and property rights in the aftermath of the 1999 referendum was emphasized from an early stage. A 2000 report to the United Nations indicated that the majority of Timorese interviewed during a fact-finding study had confirmed the importance of involvement of customary local dispute resolution structures in future land dispute resolution and adjudication mechanisms, on the grounds of their persisting legitimacy in spite of decades of conflict and dispossession and also their role as a valuable source of "information, including details of boundaries, levels of rights and history of acquisition and loss ". On the basis of these submissions from a broad range of Timorese, the report recommended that where feasible, existing local dispute resolution structures should be used as a crucial first step in dealing with land, housing and property disputes. This mediation could commence "at any of a number of levels, right down to the level of family meetings".
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Families
- Year
- 2011
Paragraph
Post conflict and post disaster reconstruction and the right to adequate housing 2011, para. 15
- Paragraph text
- The right to adequate housing can be severely compromised by disasters and conflicts, through damage and destruction, loss of records and the displacement of individuals, families and communities. While the numbers of people affected are often staggering, the impact of conflicts and disasters on this right should not be measured simply in terms of numbers of physical assets destroyed and people displaced. It should also and perhaps primarily be understood in terms of the extent of disruption of social relationships, networks and assets; destruction of home-centred livelihoods built up over many years; and the undermining of complex, multi-layered land tenure rights. Destruction of housing as a physical asset can be addressed through repair, rehabilitation and reconstruction. This is an urgent and difficult enough task in the aftermath of disasters and conflicts. Destruction of housing as a social asset, on the other hand, requires more multi-faceted and longer-term responses based on a deeper understanding of the tenure systems and histories of the affected settlements and, in particular, of their poorer and marginalized residents. It also requires vigilance in the course of the restoration and reconstruction to ensure that previously held tenure rights are not undermined or diminished in any way but are, instead, protected and where possible strengthened.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Humanitarian
- Social & Cultural Rights
- Person(s) affected
- Families
- Persons on the move
- Year
- 2011
Paragraph