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Reflection on work undertaken in first 14 years of the mandate; outline of opportunities and priorities 2014, para. 78
- Paragraph text
- To this end, the Special Rapporteur expects to devote a thematic report to the issue of access to justice in relation to the right to housing. In so doing, the Special Rapporteur hopes to: (a) assess and document barriers to access to justice experienced by claimants; (b) consult with government authorities, judges and a broad range of experts on strategic litigation about challenges in ensuring access to justice; and (c) promote research and statistical analysis with a view to providing reliable evidence and indicators of compliance.
- Legal status
- Non-negotiated soft 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)
- Civil & Political Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
The right to adequate housing in disaster relief efforts 2011, para. 64.3
- Paragraph text
- [The Special Rapporteur makes the following recommendations:] The tenure rights of "non-formal owners", namely those without individual, formally registered, property ownership, should be honoured: Measures must be taken to support the repossession of or alternative access to adequate housing or land for all non-formal owners, with a particular focus on the most vulnerable.
- Legal status
- Non-negotiated soft 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)
- Civil & Political Rights
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 45
- Paragraph text
- Measures to combat speculation and underutilization of private land and housing. States should adopt a range of measures to curb property speculation and the underutilization of private land and housing. Tax liabilities on underutilized property can be progressively increased to discourage speculation and neglect. Public authorities can be empowered to acquire rights in unused parcels for use for low-income housing. In Colombia, the Urban Reform Law establishes the Priority Development Declaration, under which owners of vacant land unwilling to put it back into use are compelled to sell. If the land is not sold at auction, the State can expropriate the land at 70 per cent of its tax-base value for social housing purposes. The Netherlands has used an alternative scheme allowing local authorities to temporarily take over management of an empty property for social rental housing. Renovation of the property, paid for by the local authority, can be reimbursed through rent, with both tenant and owner benefiting from the rehabilitation.
- Legal status
- Non-negotiated soft 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)
- Civil & Political Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 57
- Paragraph text
- The large majority of community land trusts are organized essentially as "affordable housing trusts", and will oversee the development, sale or rental, and maintenance of housing units to buyers or renters who will lease the land from the community land trust. Through the use of an inheritable ground lease (typically for 99 years), community land trusts define the rights and responsibilities of the individual as the owner of the structures, and the community as the owners of the land. Usually, the community land trust is governed by a board of directors comprising one third leasers of the community land trust; one third residents from the surrounding community (that do not live on the leased properties of the community land trust) and one third individuals who represent the public interest.
- Legal status
- Non-negotiated soft 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)
- Civil & Political Rights
- Economic Rights
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Reflection on work undertaken in first 14 years of the mandate; outline of opportunities and priorities 2014, para. 27
- Paragraph text
- The Special Rapporteur will solicit input from States, treaty bodies, national human rights institutions, civil society organizations, judges and human rights practitioners in considering how the mandate can support the critical dialogue between domestic and international human rights norms and practice. She also hopes to lend visibility to the work being undertaken to elaborate the content of the right to adequate housing at all levels and encourage advances in ensuring access to justice in relation to that right. She is committed to fostering and enhancing the interdependence of national and international law and practice in all aspects of her work, including communications, country visits and thematic reports.
- Legal status
- Non-negotiated soft 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)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2014
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.
- Legal status
- Non-negotiated soft 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)
- Civil & Political Rights
- Economic Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Mapping and framing security of tenure 2013, para. 81
- Paragraph text
- Conversely, such temporary permits could be a first step towards increased tenure security. For instance in Brazil, authorities can recognize, by way of leasehold rights to use and stay for an indefinite period, those individuals or communities who have settled on public land for at least five years-however these do not offer complete protection, as seen in the recent evictions of communities benefiting from such permits.
- Legal status
- Non-negotiated soft 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)
- Civil & Political Rights
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
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