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Analysis of two alternative housing policies: rental and collective housing 2013, para. 64
- Paragraph text
- Although not all types of collective organizations are accessible to the poorest segments of society, there are numerous advantages to such a form of tenure, including: (a) the use of community leverage to compete with existing housing market forces; (b) cooperative and collective forms of tenure are inextricably linked to enhanced democratic participation, better access to information, and community-led governance; (c) both cooperatives and community funds provide their members with financial strength (through community loans or savings that enable low-income households better access to housing finance); (d) as opposed to the individual finance schemes detailed above, community organizations also have the ability to control land and housing affordability by controlling land prices (community land trusts), providing increased economic resilience (through financial support to households that temporary encounter financial difficulties (Federation of Mutual Aid Housing Cooperatives), protecting low-income households from the housing market volatility and by limiting economic displacement and gentrification.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Year
- 2013
- Date modified
- Sep 21, 2020
Paragraph
Mapping and framing security of tenure 2013, para. 68
- Paragraph text
- At a more fundamental level, the above issues may require a paradigm shift away from correlating security of tenure with a property rights regime and towards the grounding of security of tenure solidly in the human rights framework. Related to this is the need to protect the right to adequate housing when it comes into conflict with the right to property. For instance, in the case of Modder East Squatters and Another v. Modderklip Boerdery (Pty) Ltd, involving an informal settlement located on private land, the Supreme Court of South Africa reconciled this conflict of law by ordering the State authorities to compensate the owner of the land for the costs associated with its occupation by the informal settlement until such time as the State authorities could provide alternative land for the residents of that settlement, thereby recognizing the rights of the community to adequate housing and to protection against illegal eviction. Modderklip demonstrates how individual property rights can interfere with, rather than enhance, tenure rights of others. It also demonstrates how such a conflict of rights can be reconciled. Such conflicts also take place between the rights of landlords and those of tenants.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Social & Cultural Rights
- Year
- 2013
- Date modified
- Sep 21, 2020
Paragraph
The right to adequate housing of persons with disabilities 2017, para. 45d
- Original document
- Paragraph text
- [The Committee on Economic, Social and Cultural Rights has identified some indicators of whether a State has satisfied a standard of reasonableness, including:] Whether the precarious situation of disadvantaged and marginalized individuals or groups has been 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
- Year
- 2017
- Date modified
- Sep 21, 2020
Paragraph
The right to adequate housing of persons with disabilities 2017, para. 45f
- Original document
- Paragraph text
- [The Committee on Economic, Social and Cultural Rights has identified some indicators of whether a State has satisfied a standard of reasonableness, including:] Whether decision-making is transparent and participatory.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2017
- Date modified
- Sep 21, 2020
Paragraph
The right to adequate housing of persons with disabilities 2017, para. 45b
- Original document
- Paragraph text
- [The Committee on Economic, Social and Cultural Rights has identified some indicators of whether a State has satisfied a standard of reasonableness, including:] Whether resource allocation is in accordance with international human rights standards;
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Year
- 2017
- Date modified
- Sep 21, 2020
Paragraph
Homelessness as a global human rights crisis that demands an urgent global response 2016, para. 92a
- Paragraph text
- [The Special Rapporteur offers the following recommendations to other actors:] The media, including journalists, editorial boards, producers and owners, must ensure that homeless people are never depicted in a discriminatory or hateful manner. Oversight and regulation in this regard is needed;
- Body
- 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
- Year
- 2016
- Date modified
- Sep 21, 2020
Paragraph
Homelessness as a global human rights crisis that demands an urgent global response 2016, para. 80
- Paragraph text
- Homeless people have begun to reassert their identity through human rights claims through both social movements and legal action. In South Africa, the shack-dwellers' movement, Abahlali, has emerged as a vibrant social movement, claiming the right to housing through both legal and political means. In Uganda, the Uganda Network on Law, Ethics and HIV/AIDS provides free legal representation for homeless widows dispossessed of their homes and properties as a result of discriminatory property and inheritance laws. In the Simon Community in northern Belfast, homeless people, with the assistance of the organization Participation and the Practice of Rights, launched the Homelessness Action Charter to promote the human rights of homeless people. In Canada, homeless people and supportive organizations challenged as unconstitutional national and subnational governments' failure to effectively address homelessness, while simultaneously lobbying for legislation to create a national homelessness and housing strategy. In the United States, homeless peoples' organizations have systematically and successfully challenged laws and policies that criminalize homelessness and have lobbied for federal, State and municipal housing strategies. In El Salvador, local community members formed a national commission for residents to advocate for housing rights alongside other civil society organizations.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Year
- 2016
- Date modified
- Sep 21, 2020
Paragraph
Responsibilities of local and other subnational governments in relation to the right to adequate housing 2015, para. 32
- Paragraph text
- Treaty bodies have also dealt with responsibilities of subnational governments in complaints procedures. For example, in Liliana Assenova Naidenova et al. v. Bulgaria (CCPR/C/106/D/2073/2011), a Roma community challenged a forced eviction initiated by the Sofia Metropolitan Municipality, Vuzrajdane subdistrict, acting independently of the national Government. The community was unsuccessful in challenging the eviction domestically, with the Sofia City Court determining that the eviction was lawful and the Supreme Administrative Court upholding that decision. The Human Rights Committee requested interim measures to stop the city from proceeding with the eviction and, after considering the communication on the merits, found that the State party would violate the petitioners' rights under article 17 of the Covenant if the eviction proceeded without the provision of adequate alternative accommodation for the community. The national Government used the Committee's decision to exert pressure on the Municipality to refrain from carrying out the eviction. Two years later, the permanent injunction remains in place and the community is in discussion with the municipal authorities on alternative housing.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Year
- 2015
- Date modified
- Sep 21, 2020
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 24
- Paragraph text
- The assessments should be made public in an accessible format, including to settlement residents for discussion and verification. They should inform the preparation of citywide strategies for securing tenure for the different situations, with strong participation of residents.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Year
- 2014
- Date modified
- Sep 21, 2020
Paragraph
Reflection on work undertaken in first 14 years of the mandate; outline of opportunities and priorities 2014, para. 72
- Paragraph text
- Through consultations and expert meetings with national and international housing rights experts, government officials, United Nations agencies, civil society representatives and parliamentarians, the Special Rapporteur will develop a thematic report in which to identify and elaborate on the key characteristics required of national housing strategies based on human 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)
- Governance & Rule of Law
- Social & Cultural Rights
- Year
- 2014
- Date modified
- Sep 21, 2020
Paragraph
Reflection on work undertaken in first 14 years of the mandate; outline of opportunities and priorities 2014, para. 26
- Paragraph text
- Ensuring access to justice for claimants of the right to adequate housing has emerged as a central and shared challenge for States and treaty bodies. Meeting that challenge will continue to require ongoing dialogue and interaction between States, including domestic courts, and international human rights bodies and procedures.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Year
- 2014
- Date modified
- Sep 21, 2020
Paragraph
Reflection on work undertaken in first 14 years of the mandate; outline of opportunities and priorities 2014, para. 63
- Paragraph text
- Drawing on the work on stigmatization and exclusion undertaken by her predecessor and other Special Rapporteurs, the Special Rapporteur on adequate housing intends to conduct research into the ways in which housing status is linked to criminalization, stigmatization and exclusion and how that problem can be addressed.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Year
- 2014
- Date modified
- Sep 21, 2020
Paragraph
Mapping and framing security of tenure 2013, para. 94
- Paragraph text
- In addition, disaster risk reduction and climate change adaptation legislation, and measures such as planned relocation, natural hazard risk mapping and land zoning for residential housing, have been used to bypass eviction protections or may be phrased in a manner that could be misused to forcibly evict 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)
- Environment
- Social & Cultural Rights
- Year
- 2013
- Date modified
- Sep 21, 2020
Paragraph
Mapping and framing security of tenure 2013, para. 20
- Paragraph text
- Any discussion of land and housing tenure needs to recognize the importance of cultural, historical and political contexts, and the specific legal systems in place. The particular combination of these specificities results in subtle differences in the way key terms and relationships are defined.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Social & Cultural Rights
- Year
- 2013
- Date modified
- Sep 21, 2020
Paragraph
Mapping and framing security of tenure 2013, para. 29
- Paragraph text
- Informal settlements are self-made, spontaneous, self-managed and unplanned settlement and housing arrangements, initiated by urban poor themselves. They are generally characterized by precarious infrastructure and housing conditions. The term informal settlement has become common, but many other terms are used, such as "slums", "bidonvilles" and "favelas", among others.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Poverty
- Social & Cultural Rights
- Year
- 2013
- Date modified
- Sep 21, 2020
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 15
- Paragraph text
- Problems have also emerged with regard to the location of housing units, some exacerbating exclusion and segregation. In countries like Chile, subsidized housing developments were built in the urban periphery where land costs were lowest, but which lacked adequate infrastructure, schools, health facilities, transportation and employment opportunities and were characterized by low habitability.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Social & Cultural Rights
- Year
- 2013
- Date modified
- Sep 21, 2020
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 43
- Paragraph text
- While increasing access to homeownership for low-income households through credit has proved to lead to overindebtedness and housing crises, rental housing has the potential to promote a range of more affordable options, while reducing financial risk and enabling better mobility.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Movement
- Social & Cultural Rights
- Year
- 2013
- Date modified
- Sep 21, 2020
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 22
- Paragraph text
- The sections below provide a review of alternative housing policies for the urban poor that have been largely ignored by States in recent years - rental arrangements and collective and tenure - while analysing their compatibility with the promotion of the right to adequate housing of those living in poverty.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Poverty
- Social & Cultural Rights
- Year
- 2013
- Date modified
- Sep 21, 2020
Paragraph
The impact of housing finance policies on the right to adequate housing of those living in poverty 2012, para. 40
- Paragraph text
- In the absence of State land planning, a large amount of subsidies available in the housing market has led to significant increases in land and housing prices, a general problem of affordability for low-income households and long waiting lists.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Year
- 2012
- Date modified
- Sep 21, 2020
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 41
- Paragraph text
- Most informal landlords let property that lacks a building license, do not issue written contracts, do not abide by rental and tax legislations and requirements, and in most cases are unaware(as are their tenants) of the existing relevant legislation.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Year
- 2013
- Date modified
- Sep 21, 2020
Paragraph
The right to adequate housing in disaster relief efforts 2011, para. 7
- Paragraph text
- [The Special Rapporteur makes the following recommendations:] States must adopt disaster risk reduction legislation that respects the right to adequate housing. Special attention must be given to those who may face discrimination and exclusion, including on the grounds of tenure status, and measures must be devised to protect them.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Year
- 2011
- Date modified
- Sep 21, 2020
Paragraph
Migration and the right to adequate housing 2010, para. 94
- Paragraph text
- Education is a fundamental element in combating discrimination. States should provide training to authorities at the policymaking level and to officials working in the housing sector on human rights principles and standards, particularly on the right to adequate housing and on the principles of non discrimination and equality of all.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Year
- 2010
- Date modified
- Sep 21, 2020
Paragraph
The right to adequate housing in disaster relief efforts 2011, para. 64.5
- Paragraph text
- [The Special Rapporteur makes the following recommendations:] Communities and settlements, not just houses, should be rebuilt or resettled: Community structures and networks, to the extent that they respect international human rights standards including on gender equality, should be deliberately preserved and supported.
- Body
- 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
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Year
- 2011
- Date modified
- Sep 21, 2020
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 4
- Paragraph text
- In "hedge cities", prime destinations for global capital seeking safe havens for investments, housing prices have increased to levels that most residents cannot afford, creating huge increases in wealth for property owners in prime locations while excluding moderate- and low-income households from access to homeownership or rentals due to unaffordability. Those households are pushed to peri-urban areas with scant employment and services.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Social & Cultural Rights
- Year
- 2017
- Date modified
- Sep 21, 2020
Paragraph
Homelessness as a global human rights crisis that demands an urgent global response 2016, para. 30
- Paragraph text
- The precariousness of informality and the prevalence of development-based evictions continue to be major structural causes of homelessness. Informal neighbourhoods are wiped out and replaced with high-end tourist attractions, shopping malls or entertainment districts. Land contamination and mismanagement compound these effects. Evictions without adequate resettlement, as is common, invariably lead to homelessness.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Social & Cultural Rights
- Year
- 2016
- Date modified
- Sep 21, 2020
Paragraph
Post conflict and post disaster reconstruction and the right to adequate housing 2011, para. 35
- Paragraph text
- The post-Hurricane Mitch period also saw development in the legal framework related to land and housing issues, though the judicial system remained weak and so the potential benefits of the new legislation remained inaccessible to the poor. Missing from the current strategy in Honduras is a comprehensive programme to increase the supply of urbanized land and improve tenure security for the poor and the marginalized.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Poverty
- Social & Cultural Rights
- Year
- 2011
- Date modified
- Sep 21, 2020
Paragraph
Homelessness as a global human rights crisis that demands an urgent global response 2016, para. 92b
- Paragraph text
- [The Special Rapporteur offers the following recommendations to other actors:] Humanitarian assistance must not be conditional on place of residence prior to conflict or natural disaster. Property titles or other documents that are often not available to people who are homeless should not be a barrier to receiving emergency and longer-term humanitarian assistance;
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Year
- 2016
- Date modified
- Sep 21, 2020
Paragraph
Homelessness as a global human rights crisis that demands an urgent global response 2016, para. 91f
- Paragraph text
- [In line with the present conclusions, the Special Rapporteur offers the following recommendations to States:] Homeless people must be recognized as a protected group in all relevant domestic anti-discrimination and hate-crime laws, including where relevant in national Constitutions, national and subnational human rights legislation and in city charters;
- Body
- 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
- Year
- 2016
- Date modified
- Sep 21, 2020
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 7
- Paragraph text
- While much has been written about the financialization of housing, it has not often been considered from the standpoint of human rights. Decision-making and assessment of policies relating to housing and finance are devoid of reference to housing as a human right. Issues related to business and human rights have received some attention in recent years. However, the housing and real estate sector - the largest business sector with many of the most serious impacts on human rights - appears to have been mostly ignored.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Year
- 2017
- Date modified
- Sep 21, 2020
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 6
- Paragraph text
- In many countries in the global South, where the majority of households are unlikely to have access to formal credit, the impact of financialization is experienced differently, but with a common theme - the subversion of housing and land as social goods in favour of their value as commodities for the accumulation of wealth, resulting in widespread evictions and displacement. Informal settlements are frequently replaced by luxury residential and high-end commercial real estate.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Social & Cultural Rights
- Year
- 2017
- Date modified
- Sep 21, 2020
Paragraph