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The right to adequate housing in disaster relief efforts 2011, para. 64.3
- Paragraph text
- [The Special Rapporteur makes the following recommendations:] The tenure rights of "non-formal owners", namely those without individual, formally registered, property ownership, should be honoured: For those with insecure tenure, measures should aim at strengthening their security of tenure, for instance by granting rights to housing or land at places of origin, either immediately or in incremental stages. When restitution or return is not desirable for the affected persons or is not possible owing to land having disappeared or to compelling safety reasons that prevent the return, alternative housing or land should be granted at another location.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2011
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 11
- Paragraph text
- Possession rights. The legal recognition of the rights of those occupying public, private or community land and housing for a prescribed period, through adverse possession of land and housing, above the rights of absentee owners or the State, is an important measure to ensure that land and housing is being used in the most socially productive manner and to fulfil the right to adequate housing for all. For example, article 183 of the Brazilian Constitution recognizes usucapio of urban land used for a home after five years of possession without interruption or opposition, provided that the possessor does not own any other 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)
- Civil & Political Rights
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2014
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 13
- Paragraph text
- Use rights. The right of people to use public or private property for their housing needs under certain conditions should be recognized and protected in law and policy. For example, in Trinidad and Tobago, Certificates of Comfort give the holders a right not to be removed from the plot unless resettlement is deemed necessary and an alternative plot is identified and made available. In Mozambique, a right to use and improve State land can be granted to individuals or groups, which allows persons to mortgage or sell their buildings and other improvements on that land.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2014
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
Guiding Principles on security of tenure for the urban poor 2014, para. 32
- Paragraph text
- Settlement land information systems should be simple, affordable, accessible and transparent. People should have opportunities to contest, clarify or query recorded tenure arrangements through an appropriate process including public display of maps. Unlike conventional cadastres, settlement land information systems should reflect varied and overlapping tenure rights - not only freehold - and the spatial realities that exist in urban settlements. For example, the Social Tenure Domain Model, developed by the Global Land Tenure Network (GLTN), enables the recording of multiple forms of individual and collective tenure, overlapping rights, and irregular spatial units in urban settlements.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- 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. 27f
- Paragraph text
- [States should also facilitate in situ tenure solutions, wherever possible, for those people residing on privately owned property where the inhabitants have no other adequate housing option. Options for securing tenure for inhabitants, either on an individual or collective basis, include:] Expropriation of the property with payment of compensation and subsequent granting of use, rental or other secure tenure rights to the inhabitants. This option should be considered only as a last resort when other measures have been unsuccessful, given the high fiscal cost to the State.
- 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
- All
- Year
- 2014
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: Housing and property restitution must be understood as the recognition and restitution of all tenure rights to housing or land.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2011
Paragraph
The right to adequate housing in disaster relief efforts 2011, para. 64.3
- Paragraph text
- [The Special Rapporteur makes the following recommendations:] In particular, all affected persons and groups should have the opportunity to participate in the identification and determination of tenure rights; the choice over, planning and implementation of transitional shelter and permanent housing programmes, and of durable solutions (return, local integration, resettlement); and in decisions over land use planning and restrictions.
- 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
- Movement
- Social & Cultural Rights
- Person(s) affected
- All
- Persons on the move
- Year
- 2011
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 77
- Paragraph text
- Public access to information and transparency in decision-making are central to accountability because they allow for scrutiny and critical debate, including through the media. Free and meaningful consultation and active participation of people who are potentially affected ensures that their views and concerns are taken into account throughout the process. These measures are crucial to ensure the social and political legitimacy of tenure security 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)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2014
Paragraph
Mapping and framing security of tenure 2013, para. 1
- Paragraph text
- We are in the grip of a global tenure insecurity crisis. Access to secure housing and land is a prerequisite for human dignity and an adequate standard of living, yet many millions of people live under the daily threat of eviction, or in an ambiguous situation where their tenure status can be challenged by authorities or private actors at any time.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2013
Paragraph
Mapping and framing security of tenure 2013, para. 23
- Paragraph text
- Security of tenure is understood in the present report as tenure of land and/or housing which ensures a secure home and enables one to live in security, peace and dignity. While the report does not address land tenure other than as prerequisite for housing, it must be noted that issues pertaining to land-whether for housing or agriculture-are intimately linked.
- 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
- All
- Year
- 2013
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 33
- Paragraph text
- States, public and private utilities and service providers, businesses and other actors should recognize and respect the tenure rights recorded in settlement information systems, on an equal footing to established land cadastres and registries.
- 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
- All
- Year
- 2014
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 27a
- Paragraph text
- [States should also facilitate in situ tenure solutions, wherever possible, for those people residing on privately owned property where the inhabitants have no other adequate housing option. Options for securing tenure for inhabitants, either on an individual or collective basis, include:] The recognition of adverse 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)
- Civil & Political Rights
- Economic Rights
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2014
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 27b
- Paragraph text
- [States should also facilitate in situ tenure solutions, wherever possible, for those people residing on privately owned property where the inhabitants have no other adequate housing option. Options for securing tenure for inhabitants, either on an individual or collective basis, include:] Rental of the property by the owner at affordable rates and with legal tenancy protections;
- 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
- All
- Year
- 2014
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 27c
- Paragraph text
- [States should also facilitate in situ tenure solutions, wherever possible, for those people residing on privately owned property where the inhabitants have no other adequate housing option. Options for securing tenure for inhabitants, either on an individual or collective basis, include:] Sale of the property with State support where necessary;
- 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
- All
- Year
- 2014
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 27d
- Paragraph text
- [States should also facilitate in situ tenure solutions, wherever possible, for those people residing on privately owned property where the inhabitants have no other adequate housing option. Options for securing tenure for inhabitants, either on an individual or collective basis, include:] Sale of the property to the State, or expropriation of the property as a last resort, for the purposes of granting use, rental or other secure tenure rights to the inhabitants;
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2014
Paragraph
Mapping and framing security of tenure 2013, para. 30
- Paragraph text
- The category of informal settlements includes diverse categories with varying degrees of formal recognition-in other words, with "ambiguous" or "hybrid" tenure status. They include regularized or unregularized use or occupancy of land and/or housing, on public, private or customary land, unauthorized subdivisions on legally owned land or housing, and various forms of rental arrangements, whether formalized in some manner or not.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2013
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 66
- Paragraph text
- Collective forms of tenure clearly represent an effective form of self-help that may assist in the progressive realization of the right to adequate housing. In accordance with paragraphs 10 and 11 of General Comment No. 4 of the Committee on Economic, Social and Cultural Rights, States have an obligation to facilitate the activity of such mechanisms for housing production and allocation, particularly when evidence indicates that they can promote access to adequate housing for marginalized groups that would otherwise be excluded from the housing market. However, despite these clear advantages, to date collective tenure remains at a limited scale, mainly as a result of the lack of supportive legal, financial and institutional frameworks in most countries. Although community structures need a certain degree of autonomy in order to regulate the relationship between the members and the organization and preserve their decision-making autonomy, they also require supportive legal and institutional structures in order to enable their functioning. For example, the legal recognition of collective tenure is essential, as well as the possibility of taking on collective loans. In that context, it is crucial that the State provide urban land that is well located, in particular in densely populated urban settings, in order to support the ability of collective housing organizations to compete in the land market.
- 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
- All
- Year
- 2013
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 27e
- Paragraph text
- [States should also facilitate in situ tenure solutions, wherever possible, for those people residing on privately owned property where the inhabitants have no other adequate housing option. Options for securing tenure for inhabitants, either on an individual or collective basis, include:] Land sharing that allocates sufficient land to the owner and to the inhabitants;
- 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
- All
- Year
- 2014
Paragraph
Debt bondage as a key form of contemporary slavery 2016, para. B.
- Paragraph text
- [Recommendations to Member States:] Ensure full respect of the rights to freedom of association and of peaceful assembly, as well as the right to collective bargaining, to support decent work and the ability of bonded labourers to advocate for their rights.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Economic Rights
- Person(s) affected
- All
- Year
- 2016
Paragraph
Taxation and human rightss 2014, para. 70
- Paragraph text
- Natural resources can be a vital source of revenue that the State can use to comply with its human rights obligations. The financial and social benefits of natural resource exploitation are, however, increasingly bypassing people in producing countries. In most countries, extractive industries generate few jobs directly and have only weak links to local markets. Far from bringing benefits, the exploitation of natural resources has been frequently linked to human rights abuse and encroachment on lands and livelihoods of communities, mass evictions, pollution and environmental degradation, which may result in violations of rights to health, food, housing and water. The right of people to participate in decisions regarding natural resources is often violated, especially where the land, territory and resources of indigenous peoples is concerned.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Economic Rights
- Environment
- Person(s) affected
- All
- Year
- 2014
Paragraph
The right to participation of people living in poverty 2013, para. 60
- Paragraph text
- From a human rights perspective, effective access to public information is a precondition for exercising other human rights. Exercise of the right to participation depends on transparency and access to complete, up-to-date and comprehensible information. People must have the capacity and opportunity to use the information, understand their entitlements and be able to evaluate the quality of the services, policies or programmes in question. Transparency is essential to ensure rights holders are fully aware of the aims and scope of the process, the other actors involved and their role and level of influence.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
Paragraph
The right to participation of people living in poverty 2013, para. 39
- Paragraph text
- To fully respect dignity and autonomy, participatory processes must be meaningful for those living in poverty and they should be able to exert influence over the final outcome. They should be included in all stages of the relevant decision-making processes so that they have the chance to set priorities or question the agenda in fundamental ways.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Poverty
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2013
Paragraph
The World Bank and human rights 2015, para. 70
- Paragraph text
- No outsider can prescribe an ideal recipe for the Bank to follow in adopting a human rights policy. There are many options and paths that could reasonably be taken. The Bank is a very special organization and it will need a carefully tailored policy that takes adequate account of the many concerns that will undoubtedly be expressed. Most of all, there needs to be a transparent discussion, based on carefully thought-through proposals.
- 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
- Year
- 2015
Paragraph
The right to participation of people living in poverty 2013, para. 48
- Paragraph text
- Appropriate mechanisms for coordinating participation must be developed; these should be participatory themselves. In terms of the inclusion and identification of participants, programmes must be targeted to ensure the involvement of all stakeholders who may be or perceive themselves to be affected by the policy, decision or programme in question. The principles of non-discrimination and equality necessitate that participants must be identified in a transparent and proactive way. This should include undertaking a stakeholder analysis or mapping to identify vulnerable or disadvantaged groups with a stake in the outcomes of the decision; ensuring that the most marginalized groups and communities are identified and engaged from the outset, taking into account the obstacles they face; and dedicating resources to reach out to them.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
Paragraph
The World Bank and human rights 2015, para. 75
- Paragraph text
- Diverse civil society actors also needs to think through in a more systematic and nuanced way what exactly they would like to see from a human rights initiative. In the view of the Special Rapporteur, it is debatable whether some of the roles that the Bank has been called upon to undertake in the past are appropriate. The Bank cannot be expected to carry the burden of the expectations of every human rights demand that might be made in a given situation. There are limits to what can reasonably be expected of it and there are legitimate questions related to its mandate and the respective roles that should be played by different actors. Placing unreasonable demands on the Bank merely reinforces the fears of those who are currently resisting change in that area.
- 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
- 2015
Paragraph
Human rights based approach to recovery from the global economic and financial crises, with a focus on those living in poverty 2011, para. 25
- Paragraph text
- At the core of the human rights framework is an overarching requirement that all States take into consideration the principles of participation, transparency and accountability in the design, implementation and evaluation of State policies. Human rights are important not only in the outcome of State policies but also in the process by which they are formulated and implemented. These principles are integral both to ensuring effectiveness in the adopted policy and responding to the obligations of States with regard to the rights to take part in public life, to seek and receive information and to have access to effective remedies in cases of violation.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2011
Paragraph
The right to participation of people living in poverty 2013, para. 24
- Paragraph text
- There is no doubt that initiating and sustaining meaningful and effective participatory processes requires time, patience, resources and planning. However, it is not a simple policy option that policymakers can choose not to implement. States (all branches at the local, national and international levels) have a legal obligation to implement inclusive, meaningful and non-discriminatory participatory processes and mechanisms, and to engage constructively with the outcomes. With political will, all States are in a position to improve the enjoyment of this right. The practices of some States, United Nations agencies and civil society organizations has shown that it is possible for States to create or support participatory mechanisms that succeed in empowering disadvantaged members of the public and improving policy. Experience shows that the benefits and opportunities outweigh the risks and challenges.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
Paragraph
The right to participation of people living in poverty 2013, para. 26
- Paragraph text
- These norms have been further developed by human rights monitoring bodies, who have emphasized that participation should be understood broadly and requires concrete political, legal and institutional actions. Electoral participation is just one specific expression of the right to participation (A/HRC/18/42, para. 5); although free and fair elections are a crucial component, they are not enough to ensure that those living in poverty enjoy the right to participation in key decisions affecting their lives (E/C.12/2001/10, para.12). According to the Human Rights Committee, the right to participation in the conduct of public affairs covers "all aspects of public administration, including the formulation and implementation of policy at international, national, regional and local levels" (CCPR/C/21/Rev.1/Add.7, para. 5). The right to participation necessitates participatory mechanisms with a legal basis, providing for "access to appropriate information, adequate support, feedback … and procedures for complaints, remedies or redress" (CRC/C/GC/12, para. 48). Participation should not be a one-off event, but requires a long process of intensive dialogue regarding the development of policies, programmes and measures in all relevant contexts (ibid., para. 13). For example, the Committee on Economic, Social and Cultural Rights has said that participation in decision-making processes must be an integral component of any policy, programme or strategy related to the rights to health and water (E/C.12/2000/4, para. 54, and E/C.12/2002/11, para. 48). The right is not limited to participation in formal political institutions, but also in civil, cultural and social activities (A/HRC/18/42, Annex, para. 5); for example, the right to take part in cultural life is also an essential element of the right to participation, and States must adopt concrete measures to ensure enjoyment of this right (E/C.12/GC/21, para. 39).
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Poverty
- Person(s) affected
- All
- Year
- 2013
Paragraph
The right to participation of people living in poverty 2013, para. 20
- Paragraph text
- This report focuses on the intrinsic value of participation as a fundamental right to which individuals are inherently entitled by virtue of their humanity. This right to take part and exert influence in decision-making processes that affect one's life is inextricably linked to the most fundamental understanding of being human and the purpose of rights: respect of dignity and the exercise of agency, autonomy and self-determination. The right to participation imposes concrete obligations on States voluntarily assumed in several binding human rights instruments.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
Paragraph