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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: For those with insecure tenure, measures should aim at strengthening their security of tenure, for instance by granting rights to housing or land at places of origin, either immediately or in incremental stages. When restitution or return is not desirable for the affected persons or is not possible owing to land having disappeared or to compelling safety reasons that prevent the return, alternative housing or land should be granted at another location.
- 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
- All
- Year
- 2011
- Paragraph type
- Conclusion / Recommendation
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 3
- Paragraph text
- Tenure should be secured in situ unless there are exceptional circumstances that justify eviction consistent with international human rights law. Regulations aimed at protecting public health and safety and the environment or at mitigating risk for the population should not be used as an excuse to undermine security of tenure. In situ solutions should be found whenever it is possible to: (a) mitigate and manage risks of disaster and threats to public health and safety; or (b) balance environmental protection and security of tenure; except when inhabitants choose to exercise their right to resettlement.
- 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
- Person(s) affected
- All
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 4a
- Paragraph text
- [Property has a vital social function including adequate housing of the urban poor. States should balance property rights with the social function of property in designing and implementing housing and other relevant policies. In particular, States, including relevant authorities, should promote access to secure and well-located housing for the urban poor through, inter alia, the following measures:] Conduct citywide audits of vacant and underutilized land, housing and buildings;
- 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
- Poverty
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 4b
- Paragraph text
- [Property has a vital social function including adequate housing of the urban poor. States should balance property rights with the social function of property in designing and implementing housing and other relevant policies. In particular, States, including relevant authorities, should promote access to secure and well-located housing for the urban poor through, inter alia, the following measures:] Conduct assessments of spatial needs to house the urban poor, including homeless persons, taking into account current and anticipated trends;
- 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
- Poverty
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
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. 76e
- Paragraph text
- [The Special Rapporteur recommends that the urban rights agenda should:] Reflect the experiences of city residents and establish a process of ongoing participation and engagement, particularly with those who currently lack access to adequate housing. Access to justice should be ensured for all aspects of the right to adequate housing. Human rights institutions, ombudspersons and other human rights bodies should be actively engaged in promoting and protecting the right to housing at the city level;
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
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: Reconstruction should not only apply to physical structures but should also include or prioritize, as appropriate and according to the needs and requests of affected persons, the rebuilding or setting up of basic infrastructure and services and the upgrading of 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)
- Social & Cultural Rights
- Person(s) affected
- All
- Persons on the move
- Year
- 2011
- Paragraph type
- Conclusion / Recommendation
Paragraph
Responsibilities of local and other subnational governments in relation to the right to adequate housing 2015, para. 75
- Paragraph text
- It remains imperative to promote and continue to develop international norms that are appropriate to subnational levels of government. The reasonableness standard and the innovative approaches to structural remedies that have emerged from domestic courts offer other jurisdictions a useful framework for engaging the obligations of local and other subnational governments to progressively realize the right to adequate housing without discrimination.
- 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
- Person(s) affected
- All
- N.A.
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 10b
- Paragraph text
- [Tenure status should not pose a barrier to people in accessing an effective remedy for the violation of human rights. States must ensure access to effective administrative and /or judicial remedies for violations of the right to adequate housing, due to, inter alia:] Discrimination on the basis of any prohibited ground in the enjoyment of 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
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Post conflict and post disaster reconstruction and the right to adequate housing 2011, para. 63
- Paragraph text
- Dedicated funding mechanisms or channels should be established to provide resources to initiatives aimed at respecting, protecting and fulfilling the right to adequate housing from the very outset of humanitarian operations. In addition, structured capacity-building networks should be created at field level, accompanied by focused operational support. A documented body of evidence on past violations (and their causes) should be produced, made available and developed into guidelines for action.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Person(s) affected
- All
- Year
- 2011
- Paragraph type
- Conclusion / Recommendation
Paragraph
Post conflict and post disaster reconstruction and the right to adequate housing 2011, para. 58
- Paragraph text
- [Violations of the right to adequate housing can both contribute to and result from armed conflicts and natural disasters. The poorer and marginalized members of society are disproportionately affected. Addressing existing vulnerabilities can play an important role in both preventing and mitigating the impacts of disasters and conflicts. States should therefore:] Urgently step up their efforts to respect, protect and fulfil the right to adequate housing, in all its dimensions, in both urban and 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)
- Equality & Inclusion
- Humanitarian
- Person(s) affected
- All
- Year
- 2011
- Paragraph type
- Conclusion / Recommendation
Paragraph
The impact of housing finance policies on the right to adequate housing of those living in poverty 2012, para. 64
- Paragraph text
- Having examined the impact of these policies in various regions of the world, it is the view of the Special Rapporteur that they have largely failed to promote access to adequate housing for the poor. Evidence indicates that housing policies based exclusively on facilitating access to credit for homeownership are incompatible with the full realization of the right to adequate housing of those living in poverty, failing to supply habitable, affordable and well-located housing solutions accessible to the poor.
- 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
- Poverty
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2012
- Paragraph type
- Conclusion / Recommendation
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 7
- Paragraph text
- Business enterprises should take all relevant steps to ensure that: (a) there are no adverse impacts on security of tenure as a result of or in connection with their activities or business relationships; and (b) any adverse impacts are addressed, including through the provision of remedies to affected persons. Business enterprises should ensure transparent, free and fair negotiations regarding any transfer or modification of tenure rights with full respect for the right of people or communities to accept or reject offers.
- 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
- Person(s) affected
- All
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
The right to life and the right to adequate housing: the indivisibility and interdependence between these rights 2016, para. 70
- Paragraph text
- The narrowing of the right to life to a negative rights framework has deprived millions of already disadvantaged individuals of the full protection of this core right. In many domestic contexts, the right to housing may not be enshrined in law and cannot be claimed directly, whereas the right to life appears in most constitutions. In this context, a narrow interpretation of the right to life may prevent someone who is homeless or suffering severe housing inadequacy from making any human rights claim whatsoever. On the other hand, where the right to adequate housing is explicitly protected as a self-standing constitutional right, it is more effectively enforced by courts when connected to the right to life. Making this connection allows courts to better assess whether adequate resources have been allocated and reasonable measures taken in accordance with core human rights values.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2016
- Paragraph type
- Conclusion / Recommendation
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 67
- Paragraph text
- Housing policies have increasingly been reduced to housing finance systems to promote homeownership. Evidence indicates that housing policies based exclusively on facilitating access to credit for homeownership are incompatible with the full realization of the right to adequate housing for low-income households, as they fail to supply habitable and affordable housing to the poor that is secure and well located.
- 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
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Responsibilities of local and other subnational governments in relation to the right to adequate housing 2015, para. 76h
- Paragraph text
- [In line with the above-mentioned conclusions, the Special Rapporteur wishes to offer the following recommendations:] States should ensure that the right to adequate housing and related rights are protected in law and applicable to the local and subnational governments. States should guarantee access to justice and effective remedies for violations of the right to adequate housing at the local as well as the national level.
- 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
- Person(s) affected
- All
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Homelessness as a global human rights crisis that demands an urgent global response 2016, para. 86
- Paragraph text
- Homelessness is one of the least examined consequences of unabated inequality, unfair distribution of land and property and poverty occurring on a global scale. It is a result of State acquiescence to real estate speculation and unregulated markets - a result of treating housing as a commodity rather than as a human right. It is rooted in a global privileging of wealth and power, and scapegoating and scorning of those who do not have a home.
- 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
- Person(s) affected
- All
- Year
- 2016
- Paragraph type
- Conclusion / Recommendation
Paragraph
Homelessness as a global human rights crisis that demands an urgent global response 2016, para. 91i
- Paragraph text
- [In line with the present conclusions, the Special Rapporteur offers the following recommendations to States:] National and local governments must re-engage and recommit to their role of providing social protection and ensuring access to affordable housing for marginalized and vulnerable groups, reaffirming that housing is a human right rather than a commodity. Subnational governments must have access to adequate resources to meet their allocated responsibilities;
- 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
- Person(s) affected
- All
- Year
- 2016
- Paragraph type
- Conclusion / Recommendation
Paragraph
The impact of housing finance policies on the right to adequate housing of those living in poverty 2012, para. 70
- Paragraph text
- Long-term rights-based assessment of the impact of housing finance on access to adequate housing for the poor is largely lacking. Available data focus on the volume of lending and housing finance availability, and there is a shortage of consistent, reliable indicators on the performance of housing finance systems over time, especially regarding the housing conditions of the poor.
- 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
- Person(s) affected
- All
- Year
- 2012
- Paragraph type
- Conclusion / Recommendation
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 10d
- Paragraph text
- [Tenure status should not pose a barrier to people in accessing an effective remedy for the violation of human rights. States must ensure access to effective administrative and /or judicial remedies for violations of the right to adequate housing, due to, inter alia:] The undermining of security of tenure including through forced eviction.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
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. 76a
- Paragraph text
- [The Special Rapporteur recommends that the urban rights agenda should:] Elaborate, concretize and give meaning to target 11.1 of the proposed sustainable development goals regarding access to adequate housing for all, while also safeguarding its vital link to binding international human rights obligations;
- 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
- Person(s) affected
- All
- N.A.
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
The right to adequate housing in disaster relief efforts 2011, para. 64.2
- Paragraph text
- [The Special Rapporteur makes the following recommendations:] No harm should be caused by or to others in respecting and protecting the right to adequate housing, including tenure security: Health and safety regulations as well as disaster risk reduction measures, which may call for land use or housing restrictions, must be subject to human rights standards: their impacts on the human rights of individuals and communities must be assessed, and due process rights, and the rights to information and participation, must be upheld in all circumstances.
- 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
- Humanitarian
- Person(s) affected
- All
- Year
- 2011
- Paragraph type
- Conclusion / Recommendation
Paragraph
Mapping and framing security of tenure 2013, para. 98
- Paragraph text
- The Special Rapporteur has highlighted the complexity and multifaceted nature of security of tenure, both in practice and in law. While human rights mechanisms and courts at national, regional and international levels have primarily focused on forced evictions, policies and practices pertaining to land tenure have taken a fully different approach, with an emphasis at the start on securing tenure through land titling programmes, based on the granting of property rights. The past decade has seen some developments towards more flexible and encompassing approaches to recognize and protect various forms 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)
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 4g
- Paragraph text
- [Property has a vital social function including adequate housing of the urban poor. States should balance property rights with the social function of property in designing and implementing housing and other relevant policies. In particular, States, including relevant authorities, should promote access to secure and well-located housing for the urban poor through, inter alia, the following measures:] Adopt measures to regulate the housing finance market and financial institutions.
- 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
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. (N/A)
- Paragraph text
- Security of tenure is understood as a set of relationships with respect to housing and land, established through statutory or customary law or informal or hybrid arrangements, that enables one to live in one's home in security, peace and dignity. It is an integral part of the right to adequate housing and a necessary ingredient for the enjoyment of many other civil, cultural, economic, political and social rights. All persons should possess a degree of security of tenure that guarantees legal protection against forced eviction, harassment and other threats.
- 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
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
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. 72
- Paragraph text
- On its current path, urbanization is simply unsustainable. The majority of people in cities worldwide suffer gross inequality, many living in deplorable or unaffordable housing conditions, vulnerable to forced evictions and homelessness and constantly fearing for their safety and security. Millions continue to move to cities in search of opportunities, services and a better life. At the same time, a select few continue to accrue astonishing levels of wealth and power, including from land and housing speculation. Change is required. Habitat III represents an essential opportunity to forge a new way forward, one with the right to adequate housing at its core.
- 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
- Person(s) affected
- All
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
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. 73
- Paragraph text
- Human rights can be transformational. The present report has outlined their tremendous capacity in the urban context. With the right to adequate housing as a pillar, a human rights framework can provide the coherence and consistency sorely needed to achieve sustainable, inclusive cities for all. Housing is a major component of any city and central in the lives of those who are marginalized or face situations of vulnerability, and States and local governments have core obligations to uphold the right to adequate housing. Housing cannot be sidelined.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Homelessness as a global human rights crisis that demands an urgent global response 2016, para. 91j
- Paragraph text
- [In line with the present conclusions, the Special Rapporteur offers the following recommendations to States:] Any evictions that may result in homelessness, including those intended to render homeless people less visible, such as to promote tourism or facilitate mega events, must be recognized under domestic law as gross violations of human rights and be immediately stopped. Forced evictions must not occur without prior meaningful consultation with affected groups, an exploration of all alternatives, including in situ upgrading, and the implementation of agreed-upon resettlement options for those affected;
- 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
- Person(s) affected
- All
- Year
- 2016
- Paragraph type
- Conclusion / Recommendation
Paragraph
The right to life and the right to adequate housing: the indivisibility and interdependence between these rights 2016, para. 68
- Paragraph text
- The starting point for understanding the scope of the right to life should be what rights holders are entitled to, not the cause of the deprivation. Homelessness and grossly inadequate housing may be the result of actions leading to eviction and deportation, but equally may result from inaction - a failure to address long-term systemic patterns of social exclusion and deprivation. Nevertheless, the deprivation experienced is essentially the same: preventable illnesses, a shortened lifespan and deprivation of dignity and security.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2016
- Paragraph type
- Conclusion / Recommendation
Paragraph
The impact of housing finance policies on the right to adequate housing of those living in poverty 2012, para. 66
- Paragraph text
- At the same time, housing finance policies tend to focus solely on housing affordability while failing to address the broader aspects of the right to adequate housing: location, access to infrastructure and services, habitability and 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
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2012
- Paragraph type
- Conclusion / Recommendation
Paragraph
The right to adequate housing in disaster relief efforts 2011, para. 64.1
- Paragraph text
- [The Special Rapporteur makes the following recommendations:] In all phases of disaster response the right to adequate housing should be respected and protected. It should be understood as the right to live in safety and security, in conditions deemed adequate on grounds of security of tenure; availability of services, materials, facilities and infrastructure; affordability; habitability; accessibility; location; and cultural adequacy.
- 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
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2011
- Paragraph type
- Conclusion / Recommendation
Paragraph