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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
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
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
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
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
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
Guiding Principles on security of tenure for the urban poor 2014, para. 10a
- 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 tenure status, including multiple 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)
- Economic Rights
- Equality & Inclusion
- 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. 76d
- Paragraph text
- [The Special Rapporteur recommends that the urban rights agenda should:] Commit to enhanced regulation of private actors and markets consistent with the recognition of housing as a human right. In particular, measures should be adopted to prevent forced eviction, land grabbing, speculation and leaving homes or lands (that could otherwise be used) abandoned. Housing markets and financial institutions should be regulated to prevent unnecessary volatility, predatory lending and mortgage crises, such as those experienced in recent years;
- 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
- All
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 4f
- 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 and stimulate the low-income rental market and collective forms of tenure; 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
- 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. 10c
- 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:] Failure to adopt appropriate and timely measures to address tenure insecurity of the urban poor; 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
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 2c
- 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:] Develop citywide strategies for securing tenure and upgrading settlements on different categories of land and with different 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
- Poverty
- Social & Cultural Rights
- Person(s) affected
- All
- N.A.
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 2g
- 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:] Establish fair and effective land dispute resolution mechanisms;
- 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
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 5g
- Paragraph text
- [Non-discrimination on the basis of tenure status must be guaranteed in the context of, inter alia:] Land acquisition and use for public purposes;
- 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
Guiding Principles on security of tenure for the urban poor 2014, para. 5h
- Paragraph text
- [Non-discrimination on the basis of tenure status must be guaranteed in the context of, inter alia:] Police procedures; 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
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 1a
- Paragraph text
- [The following types of tenure, among others, should be promoted, strengthened and protected, as appropriate in the given context:] Possession 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
- All
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 5c
- Paragraph text
- [Non-discrimination on the basis of tenure status must be guaranteed in the context of, inter alia:] The collection and presentation of official data;
- 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
Guiding Principles on security of tenure for the urban poor 2014, para. 4d
- 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 combat speculation and underutilization of private 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)
- Economic Rights
- Equality & Inclusion
- Poverty
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 76
- Paragraph text
- Many States have been too deferential to the dynamics of unregulated markets and have failed to take appropriate action to bring private investment into line with the right to adequate housing. By providing tax subsidies for homeownership, tax breaks for investors, and bailouts for banks and financial institutions, States have subsidized the excessive financialization of housing at the expense of programmes for those in desperate need of housing. There seems to be a gross imbalance between the attention, mechanisms and resources that States have developed to support the financialization of housing and the complete deficit of housing for the implementation of 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
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2017
- Paragraph type
- Conclusion / Recommendation
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 2i
- 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:] Adopt or revise legislation to recognize and protect multiple 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
- Governance & Rule of Law
- Poverty
- Person(s) affected
- All
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 5
- Paragraph text
- Non-discrimination on the basis of tenure status must be guaranteed and protected in law, policy and practice. This guarantee must apply to all 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)
- Economic Rights
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 5a
- Paragraph text
- [Non-discrimination on the basis of tenure status must be guaranteed in the context of, inter alia:] Access to basic services and facilities;
- 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
Guiding Principles on security of tenure for the urban poor 2014, para. 5b
- Paragraph text
- [Non-discrimination on the basis of tenure status must be guaranteed in the context of, inter alia:] Access to social 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)
- Economic Rights
- Equality & Inclusion
- 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. 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
- Paragraph type
- Conclusion / Recommendation
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 45
- Paragraph text
- For low-income households, ensuring a high degree of security of tenure in the private rental market is of the utmost importance since poor tenants cannot afford the costs associated with a change of dwelling or with challenging evictions and cannot compete in a completely unregulated private rental market (even when receiving housing benefits). It is therefore also necessary to ensure that regulation and accountability are respected in order to prevent economic de facto evictions and to enable low-income households to access affordable rental housing in urban areas that are 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
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2013
- Paragraph type
- Other
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 80
- Paragraph text
- The urban poor face significant barriers in accessing justice, owing to, inter alia, political influence and corruption in courts and administrative bodies; prohibitive costs of legal representation; absence of legal information; and lack of legal recognition of persons without official identity documentation, including a registered address. States should take all measures to remove these barriers and ensure that the urban poor can access effective remedies through a range of judicial and administrative mechanisms. As an alternative to the courts, land dispute and grievance mechanisms that are inexpensive, accessible, socially legitimate and rule-bound should be established. States should establish, fund and enable legal aid and assistance for the urban poor, in order to address power asymmetries that pervade conflicts over land and obstruct access to justice.
- 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
- All
- Year
- 2014
- Paragraph type
- Other
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 81
- Paragraph text
- Remedies for violations of the right to adequate housing may include restitution, reparation, the provision of alternative adequate housing, rehabilitation of housing or livelihoods, financial or non-financial compensation for loss and damage, and punitive sanctions against the perpetrator. An injunction, precautionary measures or other judicial or administrative intervention may be required to prevent imminent forced eviction or other violation. Remedies may also include repeal or amendment of law or policy and quashing of administrative decisions. In this regard, States should ensure that policies and decisions affecting tenure security are subject to administrative and judicial review. In the case of an unjustified failure of the State to adopt appropriate and timely measures to address tenure insecurity taking into account its use of available resources, redress may include an injunction to devise and implement a reasonable plan of action towards security of tenure for aggrieved groups.
- 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
- All
- Year
- 2014
- Paragraph type
- Other
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 29
- Paragraph text
- What is so stark about the pouring of those vast amounts of money into housing is that hardly any of it is directed towards ameliorating the insufferable housing conditions in which millions live. If even a portion of those amounts was directed towards affordable housing and access to credit for people in need of it, target 11.1 of the Sustainable Development Goals, to ensure adequate housing for all by 2030, would be well within reach. Financialization under current regimes, however, creates the opposite effect: unaccountable markets that do not respond to housing need, and urban centres that become the sole preserve of those with 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
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2017
- Paragraph type
- Other
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 17
- Paragraph text
- Freehold ownership. Individual ownership confers full control over housing and land, subject to law and local regulations, as well as adverse possession rights and the State's expropriation powers. This quality makes it a desirable form of tenure for many households. Since ownership rights are generally expensive to acquire, housing finance is often necessary. Tenure security is jeopardized when owner-occupiers are unable to cope with loan repayments and default on their mortgages. Foreclosures by banks and other credit institutions pose a serious threat to the enjoyment of the right to adequate housing, with the poorest disproportionately affected. States should take all measures to protect security of tenure of owner-occupiers and prevent the loss of homes and homelessness as a result of foreclosures.
- 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
- All
- Year
- 2014
- Paragraph type
- Other
Paragraph