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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.
- 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
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.
- 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.
- 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.
- 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.
- 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.
- 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
The UN responsibility for the cholera outbreak in Haiti 2016, para. 36
- Paragraph text
- Third, the contention that receipt of the claims would "necessarily involve a review of political and policy matters" is self-serving and unjustified. The claims are far from being "political" in the sense defined by the Secretary-General in 1995 as those targeting actions or decisions of political organs, nor are they rambling denunciations (see A/C.5/49/65). In terms of policies, it is true that waste management and other such internal policies might need to be reviewed, but if that prospect is enough to trigger non-receivability, it would become effectively impossible ever to claim damages from the United Nations.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Marginality of economic and social rights 2016, para. 40
- Paragraph text
- Many books have now been written extolling the virtues of involvement by the courts in enforcing economic and social rights in various countries around the world, but justiciability is by no means the whole story. Indeed, it might be argued that the focus on justiciability has become the tail that is wagging the analytical dog. Rights holders can seek accountability through many means, including: (a) sharing information with the media; (b) using community or peer pressure; (c) collecting and publishing data; (d) complaining to an authoritative body or person; and (e) evaluating and reporting. However, most of these methods assume that, at the end of the day, there will be a mechanism in place to which the claim can ultimately be brought for vindication in the absence of self-correction by the duty holder.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
The UN responsibility for the cholera outbreak in Haiti 2016, para. 51
- Paragraph text
- Given the extent to which there is agreement on this legal framework, the puzzle is why the current position of the United Nations remains so very distant from the outcome that these principles seem to require. In essence, there are two reasons. The first is the determination to abide by the unpublished legal opinion that declares the claim not to be of a private character. For the reasons explained above, this opinion should be reconsidered and revised. The second reason is the failure to openly acknowledge and clearly address a range of background considerations which have fuelled fears that have apparently deterred the various actors from seeking to resolve the problem in a principled manner. The report turns now to examining those matters.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Marginality of economic and social rights 2016, para. 55
- Paragraph text
- Despite these impressive reporting figures, in half of the concluding observations the Committee recommended that measures be taken to ensure the "direct applicability" of the Covenant in the domestic legal order. In slightly less than half of the concluding observations, the Committee also recommended that the State concerned seek to raise awareness of the justiciability of the rights. And in almost every concluding observation (27), the Committee recommended that legislation be enacted or amended in order to implement Covenant obligations.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2016
Paragraph
The UN responsibility for the cholera outbreak in Haiti 2016, para. 67
- Paragraph text
- The Special Rapporteur has argued above that the major concerns that appear to underlie the abdication approach can all be addressed satisfactorily without jeopardizing any core interests of the United Nations or its Member States. But the case to be made in favour of action is actually much stronger than that conclusion might suggest. Thus, before outlining what a constructive and responsible approach might look like, it is important to highlight the positive reasons which argue strongly for an urgent change of policy.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
The UN responsibility for the cholera outbreak in Haiti 2016, para. 29
- Paragraph text
- The claimants challenged the non-receivability finding and requested either mediation or a meeting to discuss the matter. In July 2013, the Under-Secretary-General wasted no words in dismissing such requests: "In relation to your request for the engagement of a mediator, there is no basis for such engagement in connection with claims that are not receivable. As these claims are not receivable, I do not consider it necessary to meet and further discuss this matter." Left with no further recourse within the United Nations, the claimants filed a class action suit in October 2013 with the United States District Court for the Southern District of New York. In January 2015, the court ruled that the defendants were immune from suit, a finding upheld on 19 August 2016 in Georges v. United Nations by the Court of Appeals for the Second Circuit.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Marginality of economic and social rights 2016, para. 19
- Paragraph text
- Closely linked to this loss of legitimacy is a loss of credibility in the eyes of rights holders. The second-class status of economic and social rights has deeply negative consequences for the potential of the human rights movement to gain the widespread support that it needs in order to establish its credibility in the eyes of the literally billions of people whose fundamental needs continue to be of only minor relevance to the core human rights agenda. The fact that the movement is subject to powerful challenges at the global level is due in significant part to the perception that its overriding preoccupations do little or nothing to address the most abiding and pressing challenges confronted by a large part of humanity.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
The UN responsibility for the cholera outbreak in Haiti 2016, para. 24
- Paragraph text
- From a legal perspective, there are essential flaws in the reasoning of the panel in finding no fault. First, the experts' conclusion that the MINUSTAH base was the source makes it very difficult to then conclude that no individual or group was at fault. Second, the experts provide no analysis whatsoever to support their no fault assertion. Third, and most importantly, in its report the panel adopts a scientific rather than a legal approach, but this does not prevent it from purporting to offer a legal conclusion that no fault can be found, although it neither identifies any legal standard nor undertakes any legal assessment of evidence. The explanation it subsequently provided - that it did not "feel" that cholera was "deliberately" introduced - completely fails to mention, let alone address, the central issue of negligence which lies at the heart of the legal issue of fault in this case. These flaws clearly invalidate the no fault finding on which the United Nations has consistently sought to rely so heavily in order to avoid responsibility.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Marginality of economic and social rights 2016, para. 53
- Paragraph text
- In one third of the 32 lists of issues considered, the Committee requested information about the status of the Covenant within the State's domestic legal system. In almost all the lists, examples of cases in which domestic courts had considered or applied the Covenant were requested. In a little over half of the lists, States parties were asked about legislative measures taken to implement one or more of the rights.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Hate speech and incitement to hatred against minorities in the media 2015, para. 34
- Paragraph text
- The present thematic study provides an overview of the role of media in relation to hate speech and incitement to hatred and violence. It refers to the role of international standards and processes with regard to the prohibition of advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence, and will address the major challenges to combating hate speech in the media. Different measures and good practices that can be implemented by States and civil society actors will be analysed.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Social & Cultural Rights
- Violence
- Person(s) affected
- All
- N.A.
- Year
- 2015
Paragraph
Hate speech and incitement to hatred against minorities in the media 2015, para. 78
- Paragraph text
- Given that social media platforms are mostly self-regulating and therefore dependent on reporting by users of material perceived as hateful or harmful, their content can be accessible until it is ultimately flagged by community members as material contravening the site's guidelines. In addition to legislative and jurisdictional challenges, there are technical difficulties involved in removing hate-inciting material from the Internet.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Reflections on the six-year tenure of the Special Rapporteur 2017, para. 31
- Paragraph text
- As she approaches the end of her tenure as mandate holder, the Special Rapporteur has undertaken a review of the major developments relating to her work, particularly with respect to the thematic priorities she had decided to focus on at the beginning of her mandate (A/HRC/19/56), as well as the major challenges and emerging issues in the field of minority rights protection that she came across during her tenure.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
Irregular migration and criminalization of migrants, protection of children in the migration process and the right to housing and health of migrants 2011, para. 64
- Paragraph text
- The growing importance of the study of political participation in the last 50 years reflects the crucial significance of citizens' involvement for democratic decision-making. As the scope of government activities and responsibilities has expanded in the last few decades, the domain of political participation has grown considerably. First, political participation refers to inhabitants in their role as citizens (and not, for instance, as politicians or civil servants). Second, the activities of citizens defined as political participation should be voluntary and not be ordered or obliged under law. Finally, political participation concerns government and politics in a broad sense of these words ("political system") and is neither restricted to specific phases (such as parliamentary decision making, or the "input" side of the political system), nor to specific levels or areas (such as national elections or contacts with officials).
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Human rights of migrants in the post-2015 development agenda 2014, para. 86a
- Paragraph text
- [Indicators should include:] Number of individuals who lack a basic legal identity document;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- All
- N.A.
- Year
- 2014
Paragraph
Global migration governance 2013, para. 55
- Paragraph text
- While recognizing that States wish to have some private, informal discussions at the Global Forum, the Special Rapporteur is of the opinion that civil society should have access to more of the Global Forum meetings, as this would bring different perspectives and greatly benefit the discussions.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Irregular migration and criminalization of migrants, protection of children in the migration process and the right to housing and health of migrants 2011, para. 9
- Paragraph text
- This report will mark the end of the reporting cycle for the current mandate holder. In view of the review and assessment of the mandate, the Special Rapporteur thought it relevant to recapitulate the main thematic issues that he has focused on since his nomination, in order to present the achievements of the mandate.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Common violations of the human rights to water and sanitation 2014, para. 35
- Paragraph text
- Violations of the obligation to fulfil may be the most critical category. Such violations are often complex and affect a large number of victims, yet they have generally received the least attention. Potential claimants face considerable challenges in relation to gaining access to justice for alleged structural or systemic violations. Jurisprudence, including the standards of review developed by courts in recent years, has demonstrated, however, that violations of the obligation to fulfil can indeed be adjudicated.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
Participation in the realization of the human rights to water and sanitation 2014, para. 40
- Paragraph text
- The challenge is to balance a diversity of legitimate interests and to find solutions that, while perhaps not taking all competing views fully on board, are acceptable to everyone. The key actions in this regard are interaction, bringing all views to the table, having an open discussion, analysing the different interests and corresponding rights at stake, agreeing on a way forward and then monitoring progress on the agreed plan. Decisions must take all opinions into account, according due protection to minority concerns rather than simply adopting the majority view.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- All
- N.A.
- Year
- 2014
Paragraph
Participation in the realization of the human rights to water and sanitation 2014, para. 51a
- Paragraph text
- [Stakeholder participation can enhance or detract from meaningful participation depending on a range of factors, including:] Accurate, sensitive and transparent identification, so that the invited groups are in fact representative of those most concerned. When selection is appropriate, stakeholder participation has an advantage over an "unaffiliated" approach. It can be employed to ensure targeted participation by all concerned, including marginalized groups whose interests are likely to be overlooked in the pursuit of the common interest;
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- All
- N.A.
- Year
- 2014
Paragraph
Common violations of the human rights to water and sanitation 2014, para. 36d
- Paragraph text
- [Violations of the obligation to fulfil can be grouped in the following categories:] Unjustified retrogressive measures;
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
Participation in the realization of the human rights to water and sanitation 2014, para. 21
- Paragraph text
- States must provide the opportunity to engage and develop such initiatives. However, States must not justify inaction by placing the entire burden on the people taking the initiative. States have an obligation to invite participation and to create opportunities from the beginning of deliberations on a particular measure and before any decisions, even de facto decisions, have been taken; once preliminary decisions are taken, or promises made, it becomes much more difficult to agree on outcomes. Spaces for participation should be both formal (for instance, referendums or public inquiries) and informal.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2014
Paragraph
Participation in the realization of the human rights to water and sanitation 2014, para. 32
- Paragraph text
- Ensuring participation poses a number of difficulties. The greatest efforts may be needed to ensure that all those concerned have the opportunity to influence decision-making and that existing power structures are addressed. But other challenges exist as well.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- All
- N.A.
- Year
- 2014
Paragraph
Wastewater management in the realization of the rights to water and sanitation 2013, para. 56
- Paragraph text
- Policymakers often have little experience in working with the populations concerned, which makes participation difficult. All too often, participation is understood as a mere "tick-the-box exercise". Yet, access to information, transparency and participation are key for realizing human rights and for ensuring the sustainability of services.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Sustainability and non-retrogression in the realisation of the rights to water and sanitation 2013, para. 15d
- Paragraph text
- [From a human rights standpoint, retrogressive measures are prohibited if they deliberately interfere with the progressive realization of rights. States must justify such measures according the following criteria:] Meaningful participation of affected groups and individuals in examining proposed measures and alternatives is required when considering a retrogressive measure;
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- All
- N.A.
- Year
- 2013
Paragraph