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Access to justice and the right to food: the way forward 2015, para. 41
- Paragraph text
- Development-induced displacement is an increasingly widespread phenomenon with devastating impact. An estimated 15 million people each year are forced to relocate and resettle as a result of such interventions. Despite some of the more recent efforts to highlight land dispossession, as yet global institutions have been unable to discourage the practices and processes that undermine land rights, prevent equitable access and establish the context for large and small-scale displacements. The expanding mining sector has contributed to strong economic growth in some countries, with mining and oil concessions dramatically increasing in countries. The industry has however also generated social conflict in many States, particularly in rural areas, with mining activities coming into direct competition with small-scale agriculture. Indigenous peoples are particularly vulnerable as they are often forced to leave their land and sources of livelihood. A lack of engagement and opportunities for participation in decisions that affect their lives has left many communities in situations of dire poverty and without access to adequate food and nutrition.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Governance & Rule of Law
- Humanitarian
- Movement
- Poverty
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Year
- 2015
Paragraph
Access to justice for people living in poverty 2012, para. 62
- Paragraph text
- Lack of legal aid for civil matters can seriously prejudice the rights and interests of persons living in poverty, for example when they are unable to contest tenancy disputes, eviction decisions, immigration or asylum proceedings, eligibility for social security benefits, abusive working conditions, discrimination in the workplace or child custody decisions. Indeed, exclusion of certain categories of claims from the scope of free legal aid, such as housing or immigration proceedings, or exclusion from representation before quasi-judicial tribunals, such as welfare or employment appeal boards, discriminates against the poor. Moreover, the legal processes which relate to such civil matters are often extremely complex and their requirements onerous, creating insurmountable obstacles for those without the assistance of a lawyer, particularly if the State or other party enjoys such assistance. This is particularly troubling with respect to civil matters involving the most vulnerable groups, such as indigenous peoples, persons with disabilities and ethnic minorities, who often face serious deprivations and violations of their rights, and lack the means or ability to contest them.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Poverty
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Year
- 2012
Paragraph
Achieving durable solutions for internally displaced persons in urban settings 2014, para. 59
- Paragraph text
- In some cases, such as in Colombia, there are hundreds of associations of internally displaced persons, representing various communities of origin, women's groups or indigenous groups, among others. The Government has set up a consultative process with those associations that reaches out to such groups. The Government of Georgia has also engaged in widespread consultations with internally displaced persons (see A/HRC/26/33/Add.1). While not flawless, such processes represent a meaningful effort by Governments to consult internally displaced persons. Consultations can affect the attitude of the Government towards such persons, as was the case in Afghanistan. For example, until 2013, the authorities had not considered internally displaced persons to be permanent citizens of Herat, but, following the consultations, the political elites of the city now acknowledge the permanent settlement of those persons in the city. In a major breakthrough, the Government is now considering upgrading and regularizing the Maslakh settlement. Measures aimed at achieving durable solutions for internally displaced persons can therefore yield positive results when internally displaced persons are treated not as objects, but as active participants in the search for, and implementation of, durable solutions.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Women
- Year
- 2014
Paragraph
Agenda setting of the work of the Special Rapporteur 2015, para. 14
- Paragraph text
- Violent conflicts and humanitarian crises fuel trafficking in persons. Situations such as the persecution of minorities, arbitrary detention, torture, rape, kidnapping and enforced disappearance, the destruction of homes, increased food prices and progressively scarce access to water and sanitation, which increase the risk of illness and starvation, lead to forced internal and international displacement of the population and forced migration. In their search for a safer and better life, many fall prey to traffickers and exploiters.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Health
- Humanitarian
- Movement
- Poverty
- Violence
- Water & Sanitation
- Person(s) affected
- Ethnic minorities
- Year
- 2015
Paragraph
Article 12: Freedom of movement 1999, para. 16
- Paragraph text
- States have often failed to show that the application of their laws restricting the rights enshrined in article 12, paragraphs 1 and 2, are in conformity with all requirements referred to in article 12, paragraph 3. The application of restrictions in any individual case must be based on clear legal grounds and meet the test of necessity and the requirements of proportionality. These conditions would not be met, for example, if an individual were prevented from leaving a country merely on the ground that he or she is the holder of "State secrets", or if an individual were prevented from travelling internally without a specific permit. On the other hand, the conditions could be met by restrictions on access to military zones on national security grounds or limitations on the freedom to settle in areas inhabited by indigenous or minorities communities.
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Ethnic minorities
- Year
- 1999
Paragraph
Challenges faced by groups most at risk when exercising or seeking to exercise the rights to freedom of peaceful assembly and/or of association 2014, para. 61
- Paragraph text
- The right to freedom of association extends to cross-border or international collaboration between associations and their membership. Indeed, the United Nations Declaration on the Rights of Indigenous Peoples acknowledges the right of indigenous peoples divided by international borders to maintain and develop contacts, relations and cooperation, including activities for spiritual, cultural, political, economic and social purposes, with their own members as well as other peoples across borders (art. 36). That right can, however, be in tension with laws regulating cross-border activities such as immigration and trade. For example, pastoralist communities whose territories or means of livelihood straddle international borders often do not use formal border crossing points or possess the necessary administrative documentation such as passports. The Special Rapporteur is unconvinced that border control laws should automatically trump their ability to maintain their cultural lifestyles. He believes that States have an obligation to facilitate the free movement of such communities, including by adopting special measures recognizing cross-border movements in the context of transhumance.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2014
Paragraph
Climate change and internal displacement 2011, para. 71
- Paragraph text
- The international community has acknowledged that measures responding to the effects of climate change are likely to have adverse economic and social consequences for some, and that support, including financing, technology and capacity-building, will be necessary in order to minimize these impacts and "build up the resilience of societies and economies negatively affected by response measures". However, safeguards to prevent or minimize displacement resulting from measures which aim to mitigate climate change - and which in many cases affect indigenous and minority groups - continue to be weak.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Movement
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Year
- 2011
Paragraph
Climate change and internal displacement 2011, para. 72
- Paragraph text
- Agro-fuel production and programmes to preserve forest cover, which have at times been found to impinge on the rights of indigenous peoples in relation to their traditional lands and culture, are examples of how some climate change mitigation measures can have adverse consequences and lead to forced displacement. Guidelines developed to date by development actors in the context of large-scale development projects, including some which promote clean energy such as hydroelectric dams, have been criticized as well for failing to minimize displacement and sufficiently apply human rights standards.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Movement
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Year
- 2011
Paragraph
Compendium of good practices in the elimination of discrimination against women 2017, para. 86
- Paragraph text
- The Constitutional Court used its power to assess implementation of its own judgment, issuing two further orders on the rights of displaced women. In 2008, the Court handed down a decision that was considered a global pioneer in the treatment of sexual violence during internal armed conflict. It identified 10 risks that forcibly displaced women faced, including extreme risk of sexual violence, and 18 gender facets of displacement, including patterns of discrimination and violence. Accordingly, the Court ordered the Government to create and implement 13 programmes with a gender-sensitive approach, including violence prevention, the right to health and education and access to land, justice and reparations. The Court also took an intersectoral approach, highlighting heightened risks faced by girls, indigenous, black and community women leaders, and women with disabilities. The Court ordered the allocation of sufficient resources to guarantee implementation of the programmes, refusing to recognize lack of budget as valid justification for non-compliance.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Humanitarian
- Movement
- Violence
- Person(s) affected
- Ethnic minorities
- Girls
- Persons on the move
- Women
- Year
- 2017
Paragraph
Conservation measures and their impact on indigenous peoples’ rights 2016, para. 9
- Paragraph text
- The three Special Rapporteurs on the rights of indigenous peoples have, since the creation of the mandate, paid particular attention to the human rights violations that conservation measures have caused indigenous peoples worldwide, notably by the expropriation of land, forced displacement, denial of self-governance, lack of access to livelihoods and loss of culture and spiritual sites, non-recognition of their own authorities and denial of access to justice and reparation, including restitution and compensation.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Conservation measures and their impact on indigenous peoples’ rights 2016, para. 25
- Paragraph text
- Article 12(1) of the International Covenant on Civil and Political Rights establishes the right to liberty of movement and freedom to choose one's residence. This provision includes protection against all forms of forced internal displacement. Persons whose rights or freedoms under the Covenant are violated shall have an effective remedy, as set out in article 2(3). In relation to forced evictions, the Committee on Economic and Social and Cultural Rights has affirmed that States must refrain from forced evictions and ensure that the law is enforced against its agents or third parties who carry out forced evictions. The Guiding Principles on Internal Displacement emphasize that States are under a particular obligation to protect against the displacement of indigenous peoples and other groups with a special dependency on and attachment to their lands (principle 9). Due to the special relationship that indigenous peoples have with their land and the profound impact forced displacement has on their survival, human rights treaty bodies have consistently expressed concerns over the forcible displacement of indigenous peoples and urged States to provide reparation, with emphasis on the obligation to provide restitution of their original lands. Reparation measures should be provided in accordance with international standards and, where appropriate, should entail elements of restitution, compensation, rehabilitation, satisfaction and guarantees of non-recurrence.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Year
- 2016
Paragraph
Conservation measures and their impact on indigenous peoples’ rights 2016, para. 51
- Paragraph text
- The respective Special Rapporteurs on the rights of indigenous peoples have, since the establishment of the mandate in 2001, received numerous allegations of large-scale violations of the rights of indigenous peoples in the context of conservation measures. Among the consequences indigenous peoples have faced following forced displacement from protected areas are marginalization, poverty, loss of livelihoods, food insecurity, extrajudicial killings, and disrupted links with spiritual sites and denial of access to justice and remedy. The successive special rapporteurs have raised serious concerns over the impact that protected areas have had on indigenous peoples in a wide range of countries, including: Argentina, Botswana, Chile, Ecuador, Ethiopia, Honduras, Kenya, Mexico, Namibia, Nepal, the Russian Federation, South Africa and the United States of America.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Conservation measures and their impact on indigenous peoples’ rights 2016, para. 54
- Paragraph text
- A 2016 study by the Rainforest Foundation of 34 protected areas in five countries in the Congo Basin (Cameroon, Central African Republic, the Democratic Republic of the Congo, Gabon and the Republic of the Congo) found that indigenous communities have virtually no tenure security over their traditional lands in any of the five countries. The creation of at least 26 of the protected areas resulted in partial or complete relocation or displacement of local indigenous and farming communities present in the area prior to park establishment. In no case was any reparation for the displacements reported. Furthermore, of the 34 protected areas studied, 25 bordered with logging concessions, 19 overlapped with mining concessions and 9 overlapped with oil concessions.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Movement
- Person(s) affected
- Ethnic minorities
- Year
- 2016
Paragraph
Corporate responsibility with respect to indigenous rights 2010, para. 28
- Paragraph text
- Despite the common elements characterizing this question, the role of companies with regard to indigenous rights includes a number of specific aspects, as demonstrated by the various initiatives launched by the former Working Group on Indigenous Peoples, the Permanent Forum on Indigenous Issues and the Office of the United Nations High Commissioner for Human Rights. The impact of the so-called "megaprojects" on indigenous peoples was also analysed in a thematic report prepared by the former Special Rapporteur. The various international initiatives carried out to date have analysed how lack of awareness of indigenous rights gives rise repeatedly to serious situations of dispossession, environmental contamination, forced displacement and permanent damage to the culture, spirituality and traditional knowledge of indigenous peoples.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2010
Paragraph
Effects of pesticides on the right to food 2017, para. 47
- Paragraph text
- Furthermore, the International Covenant on Civil and Political Rights, the United Nations Declaration on the Rights of Indigenous Peoples, the International Convention on the Rights of All Migrant Workers and Members of Their Families and other international human rights instruments all contain provisions that require States to provide adequate protection, information and remedies in the context of pesticide use.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Health
- Movement
- Person(s) affected
- Ethnic minorities
- Families
- Persons on the move
- Year
- 2017
Paragraph
Eliminating discrimination against women in political and public life with a focus on political transition 2013, para. 86
- Paragraph text
- Women and girls belonging to minority communities, rural and indigenous women, migrant women, refugee women and those seeking asylum, and poor women face discriminatory practices in the implementation of laws on nationality and citizenship. They face prejudicial attitudes as well as structural obstacles which limit access to formal registration of births, marriage, residence and other citizenship documents as well as to relevant information on their rights as citizens. Women who are de facto heads of households, including those who have been abandoned by their husbands, whose divorce is not legally registered, or whose husbands have been forcibly disappeared and do not have death certificates for their husbands , are denied recognition of their status in official documents. Without such access, women from these communities become disproportionately vulnerable in exercising their full and equal rights as citizens.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Ethnic minorities
- Girls
- Persons on the move
- Women
- Year
- 2013
Paragraph
Ensuring the inclusion of minority issues in post- 2015 development agendas 2014, para. 61
- Paragraph text
- As a result of factors including segregation, stigmatization, and high dropout rates among Roma, their attendance beyond primary school is dramatically lower than the average. In South-East Europe only 18 per cent of Roma attend secondary school, compared with 75 per cent of the population, and less than 1 per cent of Roma attend university. In many countries globally, education is only in the national or majority language leaving linguistic minorities disadvantaged. In Viet Nam and other South-East Asian countries, education is commonly only in the language of the majority putting minorities at a disadvantage in education.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Movement
- Person(s) affected
- Ethnic minorities
- Year
- 2014
Paragraph
Ensuring the inclusion of minority issues in post- 2015 development agendas 2014, para. 65
- Paragraph text
- Economic exclusion is a cause, a manifestation and a consequence of discrimination against minorities. As was strongly emphasized at the World Conference against Racism in Durban in 2001, poverty can contribute to the persistence of racist attitudes and practices, which in turn generate more poverty, a situation coined as the "vicious cycle of poverty". Many minorities have historically been excluded from full and effective participation in economic life, both in the developed and developing world. Minorities face discrimination when they seek employment due to their colour, religion, language or names. Minorities are poorly represented even in public-sector employment, including where legislation bans discrimination in public and private sectors. They may face barriers in accessing credit or loans and may live in the poorest or remote regions that offer limited prospects for their economic development. Large-scale economic development projects or commercial activities carried out on the lands where minorities live frequently have negative impacts, including displacement, perpetuation of poverty and, in some cases, violence.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Poverty
- Person(s) affected
- Ethnic minorities
- Year
- 2014
Paragraph
Ensuring the inclusion of minority issues in post- 2015 development agendas 2014, para. 71
- Paragraph text
- According to the report of the United Nations System Task Team on the Post-2015 United Nations Development Agenda: "Deepening resilience among vulnerable populations and reducing risks of disasters and other shocks must be central to limiting the social and economic costs of disasters, in terms of death, hunger, malnutrition, displacement and forced migration." Equally, Claus H. Sorensen, Director-General of the European Commission Directorate General for Humanitarian Aid and Civil Protection stated: Those who are most vulnerable and marginalised need primary attention when a disaster strikes, both because the impact of the disaster is likely to be higher on them than others, and because of the likelihood that they find themselves excluded from response and recovery efforts. By systematically addressing in each action the inclusion of those who are marginalised (in particular, persons affected by caste discrimination, minorities, as well as persons with disabilities, women, and the elderly), lives have been saved, the suffering of those in need has been alleviated, and their dignity protected.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Humanitarian
- Movement
- Person(s) affected
- Ethnic minorities
- Persons with disabilities
- Women
- Year
- 2014
Paragraph
Ensuring the inclusion of minority issues in post- 2015 development agendas 2014, para. 79
- Paragraph text
- Population dynamics include trends and changes in population growth, migration, urbanization, population density and age structures, and are a core element of the consultations. However, consideration of this area of development rarely addresses inequalities and the dimensions of population associated with majority/minority relations. Trends towards urbanization, for example, are frequently least pronounced for minority populations resulting in growing rural/urban and majority/minority divides. Birth rates may decrease in increasingly affluent population groups but remain high amongst the poorest, often minority, communities, serving to perpetuate their poverty. In many countries, there are clear geographical boundaries between population groups and equally clear socioeconomic divides between population groups - commonly, minorities fall on the wrong side of such divides.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Poverty
- Person(s) affected
- Ethnic minorities
- Year
- 2014
Paragraph
Ensuring the inclusion of minority issues in post- 2015 development agendas 2014, para. 80
- Paragraph text
- Population dynamics may be deeply affected by discrimination and social exclusion exercised by one population group against another. The dynamics between and across different population groups should therefore also be given greater attention. For example, conflict between communities and enforced population movement due to conflict results in internal displacement that may affect minorities disproportionately and have a greater and longer-term impact on their rights, their access to livelihood, income and basic services. Globally, millions of people are affected by displacement and they are often minorities who are numerically fewer, politically and militarily non-dominant and the most vulnerable to social and political unrest and the impact of conflict. A fundamental message of the Independent Expert is that protection of minority rights and the creation of a culture of minority rights within wider society promotes conditions of stability under which human rights and development crises and setbacks, and huge population impacts, are less likely to occur.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Movement
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2014
Paragraph
Environmental human rights defenders 2016, para. 72
- Paragraph text
- As mentioned above, one of the root causes of abuses suffered by environmental human rights defenders is the lack of legal recognition of land rights, in particular for indigenous communities and those affected by post-colonialism, conflict and other causes of forced displacement. States should enact laws that recognize the rights of such individuals and communities. Conversely, States need to review and repeal laws that facilitate the exploitation of natural resources, thereby threatening the rights of those affected.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Movement
- Person(s) affected
- Activists
- Ethnic minorities
- Year
- 2016
Paragraph
Extractive industries operating within or near indigenous territories 2011, para. 35
- Paragraph text
- Several indigenous and non-governmental organizations reported that the forced emigration of indigenous peoples from their traditional lands - either because of the taking of those lands or environmental degradation caused by resource extraction projects - has had an overall negative impact on indigenous cultures and social structures. One non-governmental organization dramatically described the migration process as the transition of "ecosystem people" into "ecological refugees". One civil society respondent from India described the negative effects of the continuous reallocation of a significant number of Adivasi and other tribal peoples as a result of large-scale developments projects, particularly dams. Many of these projects provided very little or no compensation for those forced to relocate. This problem was reported to have an especially negative effect on Adivasi women, who have apparently experienced loss of social, economic and decision-making power when removed from their traditional territorial- and forestry-based occupations.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Movement
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Women
- Year
- 2011
Paragraph
Extractive industries operating within or near indigenous territories 2011, para. 36
- Paragraph text
- According to respondents, non-indigenous migration into indigenous territories and its related consequences also have a negative effect on indigenous social structures. Examples identified by respondents of non-indigenous migration into indigenous lands include illegal settlement by loggers or miners, the influx of non-indigenous workers and industry personnel brought in to work on specific projects, and the increased traffic into indigenous lands owing to the construction of roads and other infrastructure in previously isolated areas. For its part, the Government of the Democratic Republic of the Congo expressed concern regarding the alarming rates of alcoholism and prostitution previously unheard of among the indigenous peoples. In Colombia, the arrival of extractive industries in indigenous areas has reportedly triggered the infiltration of indigenous territories by drug traffickers and guerrillas, together with the militarization of those territories.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Ethnic minorities
- Year
- 2011
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 44
- Paragraph text
- The housing sector in the global South has not been subject to extensive financing of homeownership. Only about 17 per cent of the population in Botswana, Kenya, Namibia and Zambia, for example, would be eligible for mortgage finance based on existing criteria. Low-income, informal and indigenous communities have nevertheless experienced, first-hand, the power of financial corporations to appropriate land and real estate and to generate vast disparities in wealth by treating housing and land as commodities. The displacement of Garifuna communities by model cities containing luxury developments for tourists and wealthy residents in Honduras is an example of the kinds of displacements of communities and forced evictions that are occurring in many countries (see A/HRC/33/42/Add.2, para. 56). Many local and national governments looking for capital investment have opted to sell land to major developers at the expense of indigenous and impoverished communities and those living in precarious housing.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Movement
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Year
- 2017
Paragraph
Global migration governance 2013, para. 44
- Paragraph text
- The Special Rapporteur believes that there is potential for more engagement by the Human Rights Council on issues relating to the human rights of migrants. Mainstreaming migrants' rights in the Council's work in relation to, inter alia, the rights of the child, women's rights, xenophobia and racial discrimination, and rights of minorities should be considered.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Women
- Year
- 2013
Paragraph
Governance structures for internal displacement 2015, para. 40
- Paragraph text
- According to the Guiding Principles, "all authorities and international actors shall respect and ensure respect for their obligations under international law, including human rights and humanitarian law, in all circumstances, so as to prevent and avoid conditions that might lead to displacement of persons" (principle 5). Furthermore, "States are under a particular obligation to protect against the displacement of indigenous peoples, minorities, peasants, pastoralists and other groups with a special dependency on and attachment to their lands" (principle 9). These principles underline States' obligations to take preventive measures to avoid displacement. However, States often lack adequate governance structures to prevent, prepare for and mitigate the consequences of internal displacement before the onset of a displacement crisis.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Year
- 2015
Paragraph
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 63
- Paragraph text
- In accordance with general comment No. 23 of the Human Rights Committee on the rights of minorities (article 27 of the Covenant), the Special Rapporteur recalls that even when individuals are not citizens of the State where they live or happen to be, "a State party is required […] to ensure that the rights protected under the Covenant are available to all individuals within its territory and subject to its jurisdiction" (para. 5.1). The Special Rapporteur also reiterates that migrants and migrant communities, regardless of their legal migratory status, are fully entitled to exercise freedom of expression.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Year
- 2010
Paragraph
Homelessness as a global human rights crisis that demands an urgent global response 2016, para. 55
- Paragraph text
- The Inter-American Commission on Human Rights and the Inter-American Court of Human Rights have developed important jurisprudence recognizing the obligation of the State to protect the special relationship between indigenous peoples and land in addressing violations in which, for example, members of indigenous communities have been "violently forced from their homes and traditional lands into a situation of ongoing displacement". In addition, in considering the plight of street-connected children, the Court has explained that the right to life requires States to take positive measures to ensure access to the conditions needed to lead a dignified life, recognizing that the right to life belongs "at the same time to the domain of civil and political rights as well as economic, social and cultural 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
- Movement
- Social & Cultural Rights
- Person(s) affected
- Children
- Ethnic minorities
- Persons on the move
- Year
- 2016
Paragraph
Human rights of internally displaced persons in the context of the Post-2015 development agenda 2015, para. 39
- Paragraph text
- The synthesis report recognizes increasingly negative displacement trends. In the section on "dignity" it states that no society can reach its full potential if whole segments of that society are excluded from participating in, contributing to, and benefiting from development. It notes that the agenda "must not exclude migrants, refugees, displaced persons, or persons affected by conflict and occupation". The chapter entitled "A synthesis" states that particular attention should be given to countries in situations of fragility and conflict and the specific conditions of each country should be addressed. There is a consistent call to "leave no one behind" and ensure equality, non-discrimination, equity and inclusion. The report states: "We must pay special attention to the people, groups and countries most in need. We need to include the poor, children, adolescents, youth and the aged, as well as the unemployed, rural populations, slum dwellers, persons with disabilities, indigenous peoples, migrants, refugees and displaced persons, vulnerable groups and minorities. These also include those affected by climate change."
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Equality & Inclusion
- Humanitarian
- Movement
- Person(s) affected
- Adolescents
- Children
- Ethnic minorities
- Persons on the move
- Youth
- Year
- 2015
Paragraph