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Embrace diversity and energize humanity 2017, para. 59c
- Paragraph text
- There is a need to build checks and balances, especially at the national level, to prevent abuse of power and to ensure compliance with human rights. States should explore collaboration not only with the executive branch of Government, but also with parliamentarians, the judiciary and other actors who may assist in weighing the various actions at the national level to ensure respect for international human rights standards;
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2017
Paragraph
Diversity in humanity, humanity in diversity 2017, para. 66g
- Paragraph text
- More cooperation with independent and pluralistic national human rights institutions, such as national human rights commissions and ombudspersons, should be undertaken to provide a link between international norms and national settings. These institutions should be supported, as part of the checks and balances to prevent and overcome abuses of power and human rights violations and also to promote access to justice and remedies. They should be paralleled by strong regional systems and initiatives to help advance protection against violence and discrimination on the basis of sexual orientation and gender identity.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 53r
- Paragraph text
- The submission from the human rights Ombudsman of Guatemala called for more explicit integration of sexual orientation and gender identity into the legal framework as well as measures to counter the violence in the country. The extensive violence is much highlighted by non-governmental organization sources. Lack of knowledge of the law and difficult access to justice may also hamper implementation of a State’s anti-discrimination law.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2017
Paragraph
Diversity in humanity, humanity in diversity 2017, para. 66j
- Paragraph text
- The Independent Expert is firmly committed to building bridges, that are anchored on the mandate, with a broad range of actors and stakeholders (governmental, intergovernmental and non-governmental), and looks forward to constructive dialogue and cooperation, with more country visits — premised on international human rights law, reflective of local wisdom and resonant with the universal message of “diversity in humanity, humanity in diversity”.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2017
Paragraph
Diversity in humanity, humanity in diversity 2017, para. 30
- Paragraph text
- Other regional human rights instruments offer opportunities for advocacy against violence and discrimination. For instance, it is stated in the Arab Charter on Human Rights, of 2004, in its article 3, that: Each State party to the present Charter undertakes to ensure to all individuals subject to its jurisdiction the right to enjoy the rights and freedoms set forth herein, without distinction on grounds of race, colour, sex, language, religious belief, opinion, thought, national or social origin, wealth, birth or physical or mental disability.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 60
- Paragraph text
- The Independent Expert looks forward to interlinking consistently with a broad range of stakeholders at the national, regional and international levels, and to embracing diversity and energizing humanity, grounded in the commitment to multilateralism and international law, with the traction for catalytic cooperation and positive change.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2017
Paragraph
Diversity in humanity, humanity in diversity 2017, para. 31
- Paragraph text
- The ASEAN Human Rights Declaration, of 2012, stipulates that: Every person is entitled to the rights and freedoms set forth herein, without distinction of any kind, such as race, gender, age, language, religion, political or other opinion, national or social origin, economic status, birth, disability or other status.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2017
Paragraph
Diversity in humanity, humanity in diversity 2017, para. 20
- Paragraph text
- An array of international human rights instruments help to entrench calls for non-violence and the principle of non-discrimination in international law, with due respect for sexual orientation and gender identity. The genesis of human rights protection after the Second World War was the Universal Declaration of Human Rights, of 1948. There are now nine core international human rights treaties, complemented by various protocols. All of them interrelate with the issue of sexual orientation and gender identity, to a lesser or greater extent. For instance, the right to be free from discrimination is propounded in article 2 of the Universal Declaration of Human Rights and in all human rights treaties. Article 2 of the International Covenant on Civil and Political Rights stipulates: Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2017
Paragraph
Diversity in humanity, humanity in diversity 2017, para. 54
- Paragraph text
- There is thus a need to move towards decriminalization in respect of these laws, which regrettably help to fuel the violence and discrimination.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Social & Cultural Rights
- Violence
- Person(s) affected
- All
- Year
- 2017
Paragraph
Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 35
- Paragraph text
- Some countries with a record of attacks against persons with albinism have identified as a major problem the ambiguity between witchcraft on the one hand and the practice of traditional, herbal or alternative medicine on the other. This is further complicated by the secrecy surrounding witchcraft and the resulting difficulty in identifying its real practitioners in all cases. These matters raise the question of whether and how these occupations ought to be defined and regulated as a means of preventing human rights violations allegedly and actually committed by their practitioners. There is also the issue of whether witchcraft beliefs should be given any form of legal character or recognition when it is largely a supernatural phenomenon. Often, these issues are further complicated by the fact that many legal instruments addressing witchcraft are outdated and disconnected from current social realities.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- Year
- 2016
Paragraph
Vision for the mandate 2016, para. 60
- Paragraph text
- Furthermore, the Independent Expert will give particular importance to her mandate to conduct, facilitate and support the provision of advisory services, technical assistance, capacity-building and international cooperation in support of national efforts for the effective realization of the rights of persons with albinism and to prevent violence. She is therefore particularly committed to fostering capacity-building of national stakeholders, promoting exchanges on challenges and experiences and supporting efforts in translating international norms into national legislation, policies, programmes and practices that are effective and adapted to national circumstances.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2016
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 46a
- Paragraph text
- [Accordingly, to be regarded as harmful, practices should meet any or a combination of the following criteria:] They constitute a denial of the dignity and/or integrity of the individual and a violation of the human rights and fundamental freedoms enshrined in the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child;
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2017
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
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
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. 11
- Paragraph text
- Achieving the objectives of Habitat III will rely on the unique ability of human rights to effect transformative change through the application of universal norms and guiding principles to specific contexts and in response to emerging challenges. This essentially describes the key features and benefits of a human rights approach. Human rights can effect the kind of spatial, geographic, social and attitudinal change required to address the structural causes of exclusion and inequality, so that cities become places of opportunity and well-being for everyone - where adequate housing, food, water and sanitation, education, employment and health are realized as fundamental 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)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Water & Sanitation
- Person(s) affected
- All
- N.A.
- Year
- 2015
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 55
- Paragraph text
- Land administration programmes, housing policies and urban planning. Discrimination on the basis of tenure status is prevalent in land, housing and urban policies. Land administration programmes typically only register freehold rights, while ignoring the multiple other existing tenure forms. Housing policies commonly also promote freehold, with benefits and support, such as access to finance, made conditional on homeownership. Meanwhile, many urban planning processes aim to benefit only those with registered tenure rights and fail to take into account the circumstances of urban poor communities whose arrangements are not legally recognized. These exclusions impair the enjoyment of human rights by those without freehold or other legally recognized tenure rights vis-a-vis other sectors of the population. States should ensure that land administration, housing policies and urban plans protect and secure a variety of tenure arrangements, prioritizing the most vulnerable and marginalized. For example, the Mexico City Housing Improvement Programme offers credit regardless 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
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2014
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 57
- Paragraph text
- Police procedures. Residents of urban settlements and homeless persons face disproportionate levels of police intervention and use of force without due process. In many countries, police enter homes in poor settlements, sometimes in major operations, without a court order, violating residents' rights to protection against arbitrary interference with their privacy, family and home. Homeless persons, who have no choice but to sleep, eat and conduct other life-sustaining activities in publics spaces are commonly harassed, fined and detained for doing so. Police must follow due process and respect human rights in conducting law enforcement activities, including in urban settlements, and ensure that any use of force is strictly necessary and proportional to lawful objectives. States should decriminalize homelessness and ensure full respect by police of human rights of homeless persons.
- 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
- Families
- Year
- 2014
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
Responsibilities of local and other subnational governments in relation to the right to adequate housing 2015, para. 19
- Paragraph text
- Decentralization has been strongly promoted in the area of housing. The Habitat Agenda, adopted at the second United Nations Conference on Human Settlements (Habitat II) in Istanbul in 1996, affirmed that "Governments should strive to decentralize shelter policies and their administration to subnational and local levels within the national framework, whenever possible and as appropriate". Proponents of decentralization in housing related programmes have argued that it enables local participation in housing management and decision-making, avoids excessive bureaucracy, allows sensitivity to local needs, draws on local capacities, increases transparency and local control and allows for more creative and innovative programming.
- 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
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2015
Paragraph
Responsibilities of local and other subnational governments in relation to the right to adequate housing 2015, para. 26
- Paragraph text
- As noted by the former Special Rapporteur on adequate housing in the report on her mission to Indonesia (A/HRC/25/54/Add.1), as a result of decentralization, significant powers have been partially devolved to the provinces, districts and municipalities. However, the decentralization of planning and land administration did not appear supported by institutional capacity, resources or organizational tools (paras. 10-11). During her mission she identified many of the obstacles to the implementation of the right to adequate housing associated with decentralization when it is not properly informed by human rights, such as "the fragmentation of programmes between various agencies and the inefficiencies of existing coordinating mechanisms" (para. 25) and the limited capacity of local governments to provide alternative housing to people who had been evicted from their homes (para. 51).
- 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
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2015
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 16
- Paragraph text
- State compliance with the right to adequate housing must ultimately be assessed in relation to the circumstances of rights-holders. A human rights framework for addressing the financialization of housing must challenge the way in which accountability to the needs of communities and the human rights obligations of Governments has been replaced with accountability to markets and investors. Mechanisms must be established for rights-holders to be fully heard and engaged in decisions that affect them. States must ensure that financial institutions and investors are responsive to the needs of marginalized communities, behave in a manner that is consistent with the full realization of the right to adequate housing and provide complaints procedures and access to effective remedies.
- 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
- 2017
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 52
- Paragraph text
- The excessive financialization of housing is directly related to systemic patterns of inequality in investment treaties and in domestic law that fail to recognize the paramountcy of human rights over investor interests and deny access to justice for those whose right to housing is at stake. Ensuring meaningful accountability of financial institutions and private actors to the right to housing will require a significant transformation of current systems of law and accountability and new avenues of access to justice at the local, national and international levels.
- 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
- 2017
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 67
- Paragraph text
- Policy responses to the financialization of housing have tended to prioritize support for financial institutions over responding to the needs of those whose right to adequate housing is at stake. Spending on bailouts of banks and financial institutions after the 2008 financial crisis far outstripped spending to provide assistance to the victims of the crisis. In fact, many national Governments made substantial cuts to their housing programmes. As noted above, the World Bank continues to promote "financial liberalization" rather than active State intervention in housing provision in emerging economies, despite the evidence that financialization generally increases inequality and fails to address the needs of the millions of households living in situations of homelessness or grossly inadequate informal 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)
- Governance & Rule of Law
- Humanitarian
- Poverty
- Person(s) affected
- All
- Year
- 2017
Paragraph
Responsibilities of local and other subnational governments in relation to the right to adequate housing 2015, para. 56
- Paragraph text
- The Special Rapporteur is concerned that victims of violations of rights to adequate housing by local and other subnational governments are often denied access to justice or effective remedies, even where constitutional provisions exist.
- 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
- All
- Year
- 2015
Paragraph
Responsibilities of local and other subnational governments in relation to the right to adequate housing 2015, para. 69
- Paragraph text
- In the context of housing, the Committee on Economic, Social and Cultural Rights has established that national level housing strategies based on human rights are a critical component of ensuring the enjoyment of the right to adequate housing. The Special Rapporteur notes that subnational and local strategies based on human rights with measureable goals, timelines and complaints procedures, properly coordinated with national strategies, are equally critical to the realization 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)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2015
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
The right to adequate housing in disaster relief efforts 2011, para. 6
- Paragraph text
- However, existing guidance with respect to disaster situations has given little attention to the right to adequate housing. When reference to the right is made it is limited, with the right narrowed down to the need to provide shelter, housing or to aspects related to protection. The few attempts to discuss the right in a more comprehensive manner have remained at the level of an individual organization's guidance and not in the form of authoritative policies of broad application. Equally, United Nations human rights mechanisms have, with notable exceptions, not addressed the specificities of disaster situations and their impacts on the enjoyment of the right to adequate housing or other human rights, remaining at the level of generalities.
- 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
- Humanitarian
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2011
Paragraph
Mapping and framing security of tenure 2013, para. 54
- Paragraph text
- There is no doubt that forced eviction constitutes a gross violation of a wide range of internationally recognized human rights. Providing protection against such practices is thus a core function of security of tenure. Forced evictions have been addressed by human rights mechanisms and courts at all levels in considerable detail. Extensive guidance is available as to the prohibition of forced eviction and the strict procedural safeguards that must be followed in situations in which evictions are carried out, including meaningful consultation with affected communities.
- 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
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2013
Paragraph
Reflection on work undertaken in first 14 years of the mandate; outline of opportunities and priorities 2014, para. 14
- Paragraph text
- The right to adequate housing has been the focus of extensive commentary. It was the subject of two general comments (Nos. 4 and 7) by the Committee on Economic, Social and Cultural Rights before any other Covenant rights were similarly interpreted, and it is now one of the most considered economic, social and cultural rights. At the same time, as we move into the fifteenth year of the mandate and despite considerable efforts by civil society to ensure its realization, the well-elaborated norms and commentary on this right have not necessarily been translated into substantive progress.
- 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
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2014
Paragraph
Reflection on work undertaken in first 14 years of the mandate; outline of opportunities and priorities 2014, para. 15
- Paragraph text
- The global extent of the phenomenon of homelessness is neither well known nor well documented. Global figures are scarce, and country-specific data are often incomplete and usually not comparable with those of other countries owing to differences in definitions and methodologies. The Special Rapporteur is concerned that at the domestic level, this statistical invisibility of a population can mean its neglect in the design of public policy and an absence of adequate responses. At the global level, it may conceal an acute global human rights crisis being faced by millions.
- 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
- N.A.
- Year
- 2014
Paragraph