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Financialization of housing and the right to adequate housing 2017, para. 77g
- Paragraph text
- [The Special Rapporteur suggests that the way forward requires a shift to take hold so that States ensure that all investment in housing recognizes its social function and States' human rights obligations in that regard. That requires a transformation of the relationship between the State and the financial sector, whereby human rights implementation becomes the overriding goal, not a subsidiary or neglected obligation. The Special Rapporteur believes that can be achieved with more constructive engagement and dialogue between States, human rights actors, international and domestic financial regulatory bodies, private equity firms and major investors. In order to create those new conversations and achieve that shift, the Special Rapporteur recommends the following:] International, regional and national human rights bodies should devote more attention to the issue of financialization and clarify for States, through constructive dialogue during periodic reviews and in consideration of individual cases, their obligations in relation to the financialization of 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
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 77b
- Paragraph text
- [The Special Rapporteur suggests that the way forward requires a shift to take hold so that States ensure that all investment in housing recognizes its social function and States' human rights obligations in that regard. That requires a transformation of the relationship between the State and the financial sector, whereby human rights implementation becomes the overriding goal, not a subsidiary or neglected obligation. The Special Rapporteur believes that can be achieved with more constructive engagement and dialogue between States, human rights actors, international and domestic financial regulatory bodies, private equity firms and major investors. In order to create those new conversations and achieve that shift, the Special Rapporteur recommends the following:] Strategies developed by States and local governments to achieve target 11.1 of the Sustainable Development Goals and the New Urban Agenda should include a full range of taxation, regulatory and planning measures in order to re-establish housing as a social good, promote an inclusive housing system and prevent speculation and excessive accumulation of wealth;
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 77a
- Paragraph text
- [The Special Rapporteur suggests that the way forward requires a shift to take hold so that States ensure that all investment in housing recognizes its social function and States' human rights obligations in that regard. That requires a transformation of the relationship between the State and the financial sector, whereby human rights implementation becomes the overriding goal, not a subsidiary or neglected obligation. The Special Rapporteur believes that can be achieved with more constructive engagement and dialogue between States, human rights actors, international and domestic financial regulatory bodies, private equity firms and major investors. In order to create those new conversations and achieve that shift, the Special Rapporteur recommends the following:] New initiatives should be developed in order to bridge the worlds of corporate and government finance, housing, planning and human rights. The Special Rapporteur recommends that an international high-level meeting of States, international financial institutions, human rights bodies, civil society organizations and relevant experts be organized to design a strategy for engaging financial regulatory bodies and actors in the realization of the goal of adequate housing for all by 2030;
- 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
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 63
- Paragraph text
- A leading framework for the human rights responsibilities of business enterprises is the Guiding Principles on Business and Human Rights: Implementing the United Nations "Protect, Respect and Remedy" Framework. It is grounded in three pillars: (a) the obligation of States to protect against human rights abuses committed by companies; (b) the responsibility of business enterprises to respect human rights, and thus avoid causing or contributing to adverse human rights impacts; and (c) the obligation of States to provide victims with access to effective remedies when rights are breached. A similar framework is applied in the ten principles of the United Nations Global Compact, the first two of which commit businesses to support and respect the protection of internationally proclaimed human rights and to refrain from complicity in human rights abuses. The Principles for Responsible Investment, launched in 2006 by the United Nations Environment Programme Finance Initiative and the Global Compact, provide a voluntary framework for the incorporation of environmental, social and governance issues into decision-making and ownership practices. Over 1,200 investment institutions have become signatories, with approximately US$ 45 trillion assets under management.
- 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
- Environment
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 38
- Paragraph text
- Patterns of inequality are often starkest in developing countries. In Africa, if current trends continue, the number of households living in informal settlements will continue to increase while the number of ultra-high-net-worth individuals is predicted to rise by almost 50 per cent in the next decade.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Poverty
- Person(s) affected
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
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. 70
- Paragraph text
- The Special Rapporteur believes that it is also important to consider various redistributive and cost-recovery mechanisms in cities from a human rights standpoint. Expenditure on public space, infrastructure, recreational facilities and cultural and artistic activities too often benefits more advantaged households to the detriment of the needs of the vast majorities. Pricing of rental housing, water, sanitation and electricity should ensure affordability for low-income households rather than direct cost recovery. Private providers of housing and infrastructure must be regulated in a manner that accords with the fact that, while housing and infrastructure are often treated as commodities, they are fundamental human rights, requiring significant adjustments to prevailing business models. Adjusted pricing of services for low-income households, for example, has been proven to be an efficient business model which at the same time facilitates access to housing, water, sanitation and electricity that might otherwise be denied. Human rights-based tax audits have also been effective in ensuring that revenue collection at the city level is aligned with obligations to apply the maximum of available resources to realize the right to 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
- Equality & Inclusion
- Water & Sanitation
- Person(s) affected
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 21
- Paragraph text
- Hybrid tenure models combine cooperatives and CLTs. Multi-residential buildings are owned and managed by a housing cooperative and the underlying land is owned by the CLT, providing another layer of protection for affordability. The Cooper Square CLT, for example, in New York City holds the land to over 300 low-income housing units in multi-family buildings owned and managed by a mutual housing association.
- 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
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 9e
- Paragraph text
- [Urban poor individuals and communities are essential actors in strengthening tenure security. States should be accountable to the urban poor for the implementation of these guiding principles by, inter alia:] Periodic reporting of progress at national and international levels.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Poverty
- Person(s) affected
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 9b
- Paragraph text
- [Urban poor individuals and communities are essential actors in strengthening tenure security. States should be accountable to the urban poor for the implementation of these guiding principles by, inter alia:] Ensuring transparency of all decision-making, including reasons for decisions;
- 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
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 9a
- Paragraph text
- [Urban poor individuals and communities are essential actors in strengthening tenure security. States should be accountable to the urban poor for the implementation of these guiding principles by, inter alia:] Making tenure-related information public and accessible to all in a timely manner;
- 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
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 5f
- Paragraph text
- [Non-discrimination on the basis of tenure status must be guaranteed in the context of, inter alia:] Urban planning;
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 5e
- Paragraph text
- [Non-discrimination on the basis of tenure status must be guaranteed in the context of, inter alia:] Housing legislation and policies;
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 2f
- Paragraph text
- [In order to improve security of tenure, especially for vulnerable and marginalized persons and groups living in urban poor settlements, States, including relevant authorities, should take the following measures:] Facilitate participatory settlement mapping, enumerations and tenure registration;
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Person(s) affected
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 2a
- Paragraph text
- [In order to improve security of tenure, especially for vulnerable and marginalized persons and groups living in urban poor settlements, States, including relevant authorities, should take the following measures:] Conduct citywide assessments of tenure arrangements;
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Poverty
- Person(s) affected
- All
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 1e
- Paragraph text
- [The following types of tenure, among others, should be promoted, strengthened and protected, as appropriate in the given context:] Collective arrangements.
- 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
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 1d
- Paragraph text
- [The following types of tenure, among others, should be promoted, strengthened and protected, as appropriate in the given context:] Freehold; and
- 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
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 1c
- Paragraph text
- [The following types of tenure, among others, should be promoted, strengthened and protected, as appropriate in the given context:] Rental;
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Person(s) affected
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 1b
- Paragraph text
- [The following types of tenure, among others, should be promoted, strengthened and protected, as appropriate in the given context:] Use 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)
- Economic Rights
- Person(s) affected
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Mapping and framing security of tenure 2013, para. 91
- Paragraph text
- At a more fundamental level, there remains a tension between the obligation under international human rights law to confer security of tenure in law and approaches of de facto or administrative recognition. A related question is whether a form of tenure can be secured if not recorded at 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)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Mapping and framing security of tenure 2013, para. 78
- Paragraph text
- Public land remains one of the most important potential sources of land for housing the poor, yet there remain obstacles to using public land for such purposes. For instance, poor land governance, corruption in land administration and the tight relationship that exists between tenure status and land values encourages nepotism, corruption, clientelism and market-driven interests in public land allocation.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Social & Cultural Rights
- Person(s) affected
- All
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Mapping and framing security of tenure 2013, para. 76
- Paragraph text
- Titling is not just a matter of formalizing informal arrangements that already exist. Very often, contradictory claims of ownership arise following the announcements of titling programmes. A related difficulty has been that titling of contested plots involves politically contentious decisions about the allocation of rights and thus is difficult to advance-this is often the case in 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
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Mapping and framing security of tenure 2013, para. 72
- Paragraph text
- A land governance and political economy perspective raises some important questions. Who benefits from the status quo and who is excluded? Who sets the agenda for land governance and land management reform? How are the benefits of reform distributed? These questions cannot be ignored, especially not in a context of rising interest in land and conflicted legal pluralism.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Economic Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Mapping and framing security of tenure 2013, para. 63
- Paragraph text
- While non-discrimination is relevant to all groups and individuals, and all grounds of non-discrimination are potentially relevant to tenure security, the Special Rapporteur focuses here on issues of non-discrimination on account of property status, location and socioeconomic status, which are less often discussed in the human rights framework.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Mapping and framing security of tenure 2013, para. 45
- Paragraph text
- Regional and national case law, global governance frameworks relating to land tenure and human settlements, and selected national constitutional and legislative frameworks were examined in order to supplement an understanding of international human rights law and to assist in identifying potential gaps and challenges.
- 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
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Mapping and framing security of tenure 2013, para. 44
- Paragraph text
- Security of tenure is recognized as a key component of the right to adequate housing under international human rights law. The Special Rapporteur conducted comprehensive research into the various sources of international human rights law, and especially the authoritive guidance and commentary of United Nations human rights mechanisms, in order to identify States' obligations relating to security of 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)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Mapping and framing security of tenure 2013, para. 41
- Paragraph text
- As discussed above, tenure categories are often partly formal, recognized or legal, creating shades and combinations of legality, formality and extralegality. The degree of tenure security provided by each of the tenure categories does not always correspond to formalistic or legalistic readings of existing arrangements; rather, it can vary depending on the socioeconomic and political context.
- 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
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Mapping and framing security of tenure 2013, para. 32
- Paragraph text
- Despite the prevalence of a great variety of tenure systems and arrangements worldwide, in the past few decades, most models of urban planning, land management, development and legal regimes have centred around one particular form: individual freehold. This common fixation on freehold has been supported by the predominant economic doctrine of reliance on private property and market forces.
- 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
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Mapping and framing security of tenure 2013, para. 27
- Paragraph text
- These broad distinctions are used to clarify the nature of tenure, yet in most cases they simplify and do not fully reflect the complexity of situations on the ground. In many cases legal plurality exists, such as when statutory tenure categories are superimposed upon customary regimes. It might thus be useful to understand the issue as one of a spectrum of tenure arrangements and forms, with marked variations depending on context.
- 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
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Mapping and framing security of tenure 2013, para. 21
- Paragraph text
- Tenure comes from the French verb tenir, meaning "to hold". A definition that is commonly cited considers land tenure "the relationship, whether legally or customarily defined, among people, as individuals or groups, with respect to land". This definition does not however reflect the realities of informal tenure systems, common in urban areas. The reasons may be that policy development on land tenure has its roots in rural contexts.
- 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
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 39
- Paragraph text
- Access to urban land for housing, especially serviced land, is one of the major problems faced by developing countries. Informal access to land, increasingly through rental arrangements, is becoming a key form of accessing affordable housing for the poor. A large share of urban landlords in developing countries therefore operate informally in unplanned settlements.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph