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Post conflict and post disaster reconstruction and the right to adequate housing 2011, para. 62
- Paragraph text
- A rapid assessment and analysis of pre-existing tenure and property rights systems should be conducted in the immediate aftermath of a disaster or conflict. The aims of this assessment should be: (1) to guide on urgent steps to be taken to protect the right to adequate housing and tenure security of all, but particularly the poorer and marginalized members of society; (2) to identify areas of opportunity where, with the presence and support of bilateral and multilateral international agencies, opportunities could arise for improvement and innovation (for example securing of previously unavailable housing-related rights and entitlements for women); (3) to identify and warn against risk areas where poorly informed actions would result in further housing rights violations. This rapid assessment should be an essential step towards the formulation of a more detailed and comprehensive land management, allocation and registration strategy for sustainable rehabilitation and reconstruction.
- 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
- Women
- Year
- 2011
- 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
Women and their right to adequate housing 2012, para. 67
- Paragraph text
- States should also ensure that police units operating at the local level are adequately supported to assist women victims of property grabbing and domestic violence, including the removal of perpetrators from the home and the recovery of stolen property. States should also ensure that emergency shelters are available and accessible to women, and that women who are victims of domestic violence are specifically able to benefit from transitional housing programmes and social housing programmes.
- 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
- Violence
- Person(s) affected
- Women
- Year
- 2012
- Paragraph type
- Conclusion / Recommendation
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
- 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
Post conflict and post disaster reconstruction and the right to adequate housing 2011, para. 61
- Paragraph text
- [In preparing for reconstruction and development, all relevant parties and actors should acknowledge that housing has an inherent social value of vital importance for social stability, alleviation of poverty and development. Any response to the impacts of conflicts or disasters on the right to adequate housing should go beyond a focus on the damage, loss or destruction of shelter and infrastructure and should seek to address, inter alia:] The specific rights and concerns of women and other groups particularly vulnerable to 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
- Humanitarian
- Poverty
- Social & Cultural Rights
- Person(s) affected
- Women
- Year
- 2011
- 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
The right to adequate housing in disaster relief efforts 2011, para. 62
- Paragraph text
- In the view of the Special Rapporteur, making comprehensive efforts to realize the right to adequate housing in reconstruction efforts is not only an obligation but also an opportunity. While disaster response will not - and should not - replace development efforts, it provides an occasion to redress the inequalities that either exacerbated the natural disaster's impacts or were made visible by it, and to contribute to efforts to progressively realize the right to adequate housing for all, notably by improving tenure 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)
- Environment
- Humanitarian
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2011
- Paragraph type
- Conclusion / Recommendation
Paragraph
The right to adequate housing in disaster relief efforts 2011, para. 63
- Paragraph text
- The recommendations below outline the fundamental elements of an approach to disaster response that is fully based on the right to adequate housing. They are meant to complement existing guidance when it comes to ensuring protection and realization of the right to adequate housing. Unless stated otherwise the recommendations are addressed to Governments, and international donors and organizations. Finally, recommendations for follow-up are provided, bearing in mind that the framework only outlines general principles that will need to be further refined and operationalized.
- 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
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2011
- Paragraph type
- Conclusion / Recommendation
Paragraph
Post conflict and post disaster reconstruction and the right to adequate housing 2011, para. 61
- Paragraph text
- [In preparing for reconstruction and development, all relevant parties and actors should acknowledge that housing has an inherent social value of vital importance for social stability, alleviation of poverty and development. Any response to the impacts of conflicts or disasters on the right to adequate housing should go beyond a focus on the damage, loss or destruction of shelter and infrastructure and should seek to address, inter alia:] The loss of tenure security, particularly by those who had been living under customary or informal tenure systems prior to the disaster or conflict.
- 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
- Humanitarian
- Poverty
- Social & Cultural Rights
- 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. 59
- Paragraph text
- In the wake of a specific disaster or conflict, the right to adequate housing should be integrated as a key component of planning, preparation and implementation of any ensuing humanitarian, reconstruction and development responses.
- 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
The right to adequate housing in disaster relief efforts 2011, para. 64.4
- Paragraph text
- [The Special Rapporteur makes the following recommendations:] Relief and recovery programmes should be addressed within the overall housing context (of an area/city/country): In post-disaster needs assessments, major pre-disaster impediments to the realization of the right to adequate housing should be identified, as should the impact of pre-disaster situations on durable solutions and the recovery process.
- 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
- N.A.
- Year
- 2011
- Paragraph type
- Conclusion / Recommendation
Paragraph
The right to adequate housing in disaster relief efforts 2011, para. 64.4
- Paragraph text
- [The Special Rapporteur makes the following recommendations:] Relief and recovery programmes should be addressed within the overall housing context (of an area/city/country): The broader housing situation, including unplanned and unserviced settlements, should be addressed through targeted programmes in conjunction with programmes for disaster response and with a focus on the most vulnerable populations.
- 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
- N.A.
- Year
- 2011
- 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: Efforts must be made to ensure that humanitarian and shelter assistance, as well as the restitution laws, mechanisms and institutions that may emerge in post-disaster situations, do not intentionally or by default discriminate on the basis of tenure status.
- 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
- 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. 65
- Paragraph text
- The right of all people displaced as a result of conflict or disaster (refugees or IDPs) to voluntarily return to their land and homes or any other location within their country should be recognized and all possible steps should be taken to assist them to exercise that right. In cases where the displaced have settled and begun to build new lives and communities, their preference to remain should also be respected and supported. Further, in cases where secondary occupants are in possession of the land and houses of people displaced, sustained efforts should be made to achieve a negotiated agreement that satisfies all parties, prior to any legal action being taken.
- 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
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2011
- Paragraph type
- Conclusion / Recommendation
Paragraph
Post conflict and post disaster reconstruction and the right to adequate housing 2011, para. 61
- Paragraph text
- [In preparing for reconstruction and development, all relevant parties and actors should acknowledge that housing has an inherent social value of vital importance for social stability, alleviation of poverty and development. Any response to the impacts of conflicts or disasters on the right to adequate housing should go beyond a focus on the damage, loss or destruction of shelter and infrastructure and should seek to address, inter alia:] The disruption of social and economic relationships and networks;
- 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
- Poverty
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2011
- Paragraph type
- Conclusion / Recommendation
Paragraph
The right to adequate housing in disaster relief efforts 2011, para. 64.4
- Paragraph text
- [The Special Rapporteur makes the following recommendations:] In post-disaster needs assessments (for both emergency and recovery), pre-disaster inequalities and vulnerabilities should be identified, whether based on race, socio-economic status, tenure, gender or any other relevant grounds.
- 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
- N.A.
- Year
- 2011
- 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:] All affected persons, irrespective of their tenure status pre-disaster, should have equal rights to shelter in the emergency and transitional phases.
- 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
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: All pre-disaster tenure rights, including in disaster damage and needs assessments, should be assessed and recorded.
- 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
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2011
- Paragraph type
- Conclusion / Recommendation
Paragraph
The right to adequate housing in disaster relief efforts 2011, para. B. 2
- Paragraph text
- [Further work should be conducted on:] The mechanisms to support the fast-track determination of tenure rights, including community mapping and enumeration, drawing lessons from existing practices to advise on their essential features and application in post-disaster situations.
- 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
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2011
- Paragraph type
- Conclusion / Recommendation
Paragraph
The right to adequate housing in disaster relief efforts 2011, para. B. 2
- Paragraph text
- [Further work should be conducted on:] The legal and practical measures needed to support, in post-disaster situations, all those who are not individual owners of formally registered property.
- 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
- N.A.
- Year
- 2011
- Paragraph type
- Conclusion / Recommendation
Paragraph
The right to adequate housing in disaster relief efforts 2011, para. 64.3
- Paragraph text
- [The Special Rapporteur makes the following recommendations:] All affected persons and groups should have access to information and be able to participate meaningfully in the planning and implementation of the various stages of the disaster response.
- 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
- Persons on the move
- Year
- 2011
- Paragraph type
- Conclusion / Recommendation
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 5i
- Paragraph text
- [Non-discrimination on the basis of tenure status must be guaranteed in the context of, inter alia:] Humanitarian assistance, including access to shelter.
- 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
- Poverty
- Person(s) affected
- All
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
The right to adequate housing in disaster relief efforts 2011, para. B. 3
- Paragraph text
- In their examination of State reports and country visits, United Nations human rights mechanisms should assess and make recommendations on the enjoyment of specific human rights in natural disaster situations, as well as the extent to which disaster prevention, relief and recovery efforts contribute to their enjoyment.
- 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
- 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. 64
- Paragraph text
- The effective consultation and direct participation of affected communities in the design and implementation of post-conflict and post-disaster responses, particularly on matters of housing and land, should be ensured.
- 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
The right to adequate housing in disaster relief efforts 2011, para. 61
- Paragraph text
- Integrating the right to adequate housing into disaster response has broad implications. In practice, however, comprehension of the right to adequate housing and its application to disaster response has been limited to only some aspects of the right, most notably linked to physical structures and individual property ownership. In some cases, reconstruction and recovery efforts - by omission or commission - have had a detrimental impact on victims of disasters and their enjoyment 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)
- Humanitarian
- Social & Cultural Rights
- 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. 60
- Paragraph text
- Governments, with sustained support from international support agencies, should provide immediate, temporary shelter in reasonable adequate living conditions for anyone displaced by conflict or disaster.
- 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
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2011
- Paragraph type
- Conclusion / Recommendation
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
- Paragraph type
- Conclusion / Recommendation
Paragraph
The right to adequate housing in disaster relief efforts 2011, para. B. 1
- Paragraph text
- United Nations agencies and mechanisms, the Inter-Agency Standing Committee or organizations that are members of or cooperating with it, should consider undertaking further research on the practical integration of the right to adequate housing in disaster response, taking as a starting point the framework proposed by the Special Rapporteur.
- 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
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2011
- Paragraph type
- Conclusion / Recommendation
Paragraph