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The meaning and scope of special measures in the International Convention on the Elimination of All Forms Racial Discrimination 2009, para. 28
- Paragraph text
- Article 2, paragraph 2, of the Convention stipulates that "States parties shall, when the circumstances so warrant, take, in the social, economic, cultural and other fields, special and concrete measures to ensure the adequate development and protection of certain racial groups or individuals belonging to them, for the purpose of guaranteeing them the full and equal enjoyment of human rights and fundamental freedoms. These measures shall in no case entail as a consequence the maintenance of unequal or separate rights for different racial groups after the objectives for which they were taken have been achieved".
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Year
- 2009
- Date added
- Aug 19, 2019
Paragraph
Article 19: Freedoms of opinion and expression 2011, para. 33
- Paragraph text
- Restrictions must be "necessary" for a legitimate purpose. Thus, for instance, a prohibition on commercial advertising in one language, with a view to protecting the language of a particular community, violates the test of necessity if the protection could be achieved in other ways that do not restrict freedom of expression. On the other hand, the Committee has considered that a State party complied with the test of necessity when it transferred a teacher who had published materials that expressed hostility toward a religious community to a non-teaching position in order to protect the right and freedom of children of that faith in a school district.
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Article 3 of the Convention 1995, para. 3
- Paragraph text
- The Committee observes that while conditions of complete or partial racial segregation may in some countries have been created by governmental policies, a condition of partial segregation may also arise as an unintended by-product of the actions of private persons. In many cities residential patterns are influenced by group differences in income, which are sometimes combined with differences of race, colour, descent and national or ethnic origin, so that inhabitants can be stigmatized and individuals suffer a form of discrimination in which racial grounds are mixed with other grounds.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Year
- 1995
- Date added
- Aug 19, 2019
Paragraph
Combatting racist hate speech 2013, para. 35
- Paragraph text
- In order to promote inter-ethnic understanding, balanced and objective representations of history are essential, and, where atrocities have been committed against groups of the population, days of remembrance and other public events should be held, where appropriate in context, to recall such human tragedies, as well as celebrations of successful resolution of conflicts. Truth and reconciliation commissions can also play a vital role in countering the persistence of racial hatred and facilitating the development of a climate of inter-ethnic tolerance.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Forced evictions 1997, para. 6
- Paragraph text
- Many instances of forced eviction are associated with violence, such as evictions resulting from international armed conflicts, internal strife and communal or ethnic violence.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Social & Cultural Rights
- Violence
- Year
- 1997
- Date added
- Aug 19, 2019
Paragraph
Forced evictions 1997, para. 14
- Paragraph text
- In cases where eviction is considered to be justified, it should be carried out in strict compliance with the relevant provisions of international human rights law and in accordance with general principles of reasonableness and proportionality. In this regard it is especially pertinent to recall general comment No. 16 of the Human Rights Committee, relating to article 17 of the International Covenant on Civil and Political Rights, which states that interference with a person's home can only take place "in cases envisaged by the law". The Committee observed that the law "should be in accordance with the provisions, aims and objectives of the Covenant and should be, in any event, reasonable in the particular circumstances". The Committee also indicated that "relevant legislation must specify in detail the precise circumstances in which such interferences may be permitted".
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Year
- 1997
- Date added
- Aug 19, 2019
Paragraph
Forced evictions 1997, para. 19
- Paragraph text
- In accordance with the guidelines for reporting adopted by the Committee, State parties are requested to provide various types of information pertaining directly to the practice of forced evictions. This includes information relating to (a) the "number of persons evicted within the last five years and the number of persons currently lacking legal protection against arbitrary eviction or any other kind of eviction", (b) "legislation concerning the rights of tenants to security of tenure, to protection from eviction" and (c) "legislation prohibiting any form of eviction".
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Year
- 1997
- Date added
- Aug 19, 2019
Paragraph
Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 18
- Paragraph text
- Beliefs that attribute supernatural qualities to persons with albinism serve only to dehumanize them. Such beliefs deify or demonize persons with albinism, and present as natural the exclusion, stigma and discrimination they face. This is the case, for example, in the widespread myth that persons with albinism do not die, but simply disappear. This myth is particularly disturbing because it justifies any sudden and inexplicable disappearance of a person with albinism from his or her community. This belief poses a strong risk to persons with albinism by proactively providing an acceptable explanation to the community for the disappearance of a person with albinism after an attack. Further, the existence of such a myth supports the hypothesis that violations of the life and security of persons with albinism predate the contemporary attention given to the issue.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Harmful Practices
- Social & Cultural Rights
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 21
- Paragraph text
- There are rare cases where persons with albinism are deified or viewed as having godlike qualities. For example, the Guna people in Latin America give a special place to persons with albinism as protectors. Tales of persons with albinism being considered as water deities or as natural chiefs have also been reported. While deification and positive supernaturalization of persons with albinism may appear to be desirable, this is not an ideal state because the person with albinism is still the subject of myths unfounded on fact or science. Consequently, their dignity remains grounded in subjective narratives and not in their objective status as human beings.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Social & Cultural Rights
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 40
- Paragraph text
- Similarly, the Special Rapporteur on freedom of religion or belief stated in the report of his mission to Sierra Leone (A/HRC/25/58/Add.1) that freedom of religion or belief, while allowing for legally defined limitations to protect the rights and freedoms of others, must be broadly understood. Witchcraft-related beliefs, whether in their ancient or modern form, are protected under the freedom of belief, as are actions related to such beliefs, as long as they do not violate the rights of others. However, he also stressed that "the serious harm inflicted on persons accused of witchcraft can never be justified", and that "if someone were to invoke the right to freedom of religion or belief in order to support harmful practices, such as the persecution and punishment of alleged witches, this would be a clear case for limiting the application of freedom of religion or belief". The same reasoning applies to other harmful practices, including attacks against persons with albinism: harmful practices can never be justified.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
The right of persons with disabilities to social protection 2015, para. 85
- Paragraph text
- The obligation of progressive realization prohibits deliberate retrogressive measures in the exercise of the right to social protection. According to the Committee on Economic, Social and Cultural Rights, States can only justify a retrogressive measure if it is introduced after the most careful consideration of all other alternatives, and if duly justified by reference to the totality of the rights enshrined in the Covenant on Economic, Social and Cultural Rights. States must also demonstrate that the affected groups participated in the assessment of the proposed measures and alternatives; that the measures are not directly or indirectly discriminatory; and that they will not have a sustained impact on the realization of the right to social protection.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Privatization and the right to education 2014, para. 65
- Paragraph text
- The provision of basic education free of cost is not only a core obligation of States, but also a moral imperative. Social protests against exorbitant fee increases in education, especially in privatized higher education, are well known. In 2011, Chile became a glaring example of sacrificing social interest in education in favour of privatization; protests against privatization demanding an end to for-profit educational institutions that involved high costs for students were violently suppressed by police forces, resulting in the killing of a student.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Social & Cultural Rights
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Access to land and the right to food 2010, para. 25
- Paragraph text
- The protection of land-users' rights should not be limited to improving farmers' security of tenure. Fisherfolk need access to fishing grounds and may be severely affected by the fencing-off of land that provides access to the sea or to rivers. Pastoralists need grazing grounds for the animals that they raise. For these groups, as well as those practicing itinerant forms of agriculture, the formalization of property rights and the establishment of land registries may be the problem, not the solution: it may cause them to be fenced off from the resources on which they depend, making them victims of the vast enclosure movement that may result from titling. In Kenya, pastoralists whose rights were ignored in the formalization process have reportedly been the victims of violent land-grabbing by ranchers and others seeking scarce resources. Since they have no legal claim to the land, they cannot seek redress. In the United Republic of Tanzania, five years after a major titling effort had begun, pastoralists reported their eviction from multiple common grazing areas and were under threat of losing other grazing lands because those lands had been classified as "unused".
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Social & Cultural Rights
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
The implementation of the right to social protection through the adoption of social protection floors 2014, para. 40
- Paragraph text
- Just as human rights require recognition by law, so too has the Social Protection Floor Initiative emphasized the importance of entrenching the social protection right in national laws and regulations. That dimension has been well captured by the United Nations Development Group: Obligations and entitlements to social protection benefits should be specified in a precise manner, so as to clearly delineate the rights and duties of residents and contributors. To ensure the predictability and sustainability of social protection provisions, laws and regulations should be designed and enforced to support all social protection schemes and services.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and press freedom 2010, para. 23
- Paragraph text
- In addition, the Special Rapporteur emphasizes the importance for journalists to be alert to the danger of discrimination being furthered by the media, and to do the utmost to avoid facilitating such discrimination based on, inter alia, race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. In this regard, the Special Rapporteur notes that, in accordance with international human rights law, any expression of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence should be prohibited, as should the dissemination of ideas based on racial superiority or hatred. Moreover, the Special Rapporteur encourages journalists to promote, through their work, a deeper understanding of racial, cultural and religious diversity, and to contribute to developing better intercultural relationships.
- 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
- Social & Cultural Rights
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Hate speech and incitement to hatred 2012, para. 55
- Paragraph text
- With regard to discussion of history, the Special Rapporteur is of the view that historical events should be open to discussion and, as stated by the Human Rights Committee, laws that penalize the expression of opinions about historical facts are incompatible with the obligations that the International Covenant on Civil and Political Rights imposes on States parties in relation to the respect for freedom of opinion and expression (CCPR/C/GC/34, para. 49). By demanding that writers, journalists and citizens give only a version of events that is approved by the Government, States are enabled to subjugate freedom of expression to official versions of events.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 42
- Paragraph text
- Civil society organizations have also an important role to play in the context of elections. The role of civil society in contributing to and sustaining a robust democracy cannot be underestimated. In different capacities, organizations undertake various activities to advocate for the concerns and interests of their beneficiaries, to contribute to ensuring the integrity of the electoral process, to further contribute to the achievement, protection and strengthening of democratic goals and standards, and to keeping authorities accountable to the electorate. Among other things, civil society organizations promote political participation, undertake voter education, campaign for good governance reforms, provide vehicles for the expression of different interests, but also act as platforms that cut across tribal, ethnic, linguistic and other barriers, and catalyse public debate on issues that affect them.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Year
- 2013
- Date added
- Aug 19, 2019
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. 67
- Paragraph text
- Some groups are denied registration or the renewal of their existing registration, in contravention of laws that outline the procedures to be followed in registering associations. This is allegedly the case in Viet Nam, where a majority of Hmong Christian house churches have been denied registration and are therefore unable to operate. The authorities do not consider them to be a "true" religion and instead characterize them as carrying out anti-Government activities. The Special Rapporteur aligns himself with the sentiments of the Special Rapporteur on freedom of religion or belief "that freedom of religion or belief is not limited to members of registered religious communities and that registration may only be appropriate for the acquisition of a legal personality and related benefits" (A/64/159, para. 13). He emphasizes that it is the duty of the State to ensure that everyone can peacefully express their views without fear.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 66
- Paragraph text
- Finally, the Special Rapporteur notes that anti-religious fundamentalism can be as harmful to assembly and association rights as religious fundamentalism. In Viet Nam, freedom of religion is nominally protected by the Constitution, but the Special Rapporteur has received reports that the State harasses unofficial groups that do not submit to regulations imposing intrusive government control over their operations (see A/HRC/27/72, case VNM 7/2014). The Special Rapporteur on freedom of religion or belief noted, after his 2014 visit to the country, the "tight control" over official religious communities, and "constant surveillance, intimidation, harassment and persecution" of unrecognized communities (see A/HRC/28/66/Add.2). In the Russian Federation, the authorities closed down the local religious organizations of the Jehovah's Witnesses on the ground that it was an "extremist organization" (see A/HRC/31/79, case RUS 6/2015).
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 69
- Paragraph text
- Cultural and nationalist fundamentalisms are sometimes distinguished from racism and xenophobia conceptually (because the characteristic in focus is culture or nationality rather than race or skin colour) and rhetorically (to avoid violating international human rights law). The elevation of a particular (national) culture as superior may not in of itself constitute discrimination in the same way that differentiation on the basis of race does. Nevertheless, the Special Rapporteur stresses the dangers that cultural and nationalist fundamentalisms pose to the enjoyment of the rights to freedom of peaceful assembly and of association.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Health financing in the context of the right to health 2012, para. 48
- Paragraph text
- Primary health-care goods and services include routine health check-ups, preventive screenings, immunizations and vaccinations, services for the management of chronic illnesses, family planning services, nutrition services, maternal care and childbirth services and mental health counselling, all of which serve basic health needs at low cost and reduce the need for secondary and tertiary health care. Primary health care also includes health awareness-raising and educational services, such as sanitation and public hygiene campaigns, which have both preventative and promotional effects and empower community members to improve and maintain their health on their own.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Social & Cultural Rights
- Water & Sanitation
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
The right to adequate housing in disaster relief efforts 2011, para. 28
- Paragraph text
- The Principles must also be read against the particular context in which they were developed. While drawing on a number of sources, they were shaped by the experience of formal restitution mechanisms operating at the time, in particular in Bosnia and Herzegovina - a context of largely formal registration of private property and of what Yugoslav law called "socially-owned" apartments. The restitution mechanism in Bosnia and Herzegovina, like others, has been criticized for doing little for those who did not own property or did not have recognized formal titles to them, and for being unable to deal with complex, informal systems of tenure with a plurality of customary, state or religious laws.
- 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
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to adequate housing in disaster relief efforts 2011, para. 14
- Paragraph text
- When Hurricane Katrina struck New Orleans in 2005, African Americans and poor people (with the two categories to a large extent blurred) bore the brunt of the devastation because, for the most part, they lived most often in the lower-lying, more flood-prone sections of the city. In addition large numbers of the metropolitan area's population (being generally poor) lacked the means to escape the flood. The particular impacts and costs of the hurricane were therefore intimately linked to pre existing social, economic and land use patterns, directly related to housing and urban planning policies.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Social & Cultural Rights
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to adequate housing in disaster relief efforts 2011, para. 17
- Paragraph text
- The earthquake in Haiti exacerbated and made visible a hitherto relatively invisible problem, namely, the dire conditions characterizing informal settlements in which the majority of the Port-au-Prince population lived. The settlements, as many others elsewhere, had been created spontaneously and had never been recognized formally by the authorities. They had no or little access to basic infrastructure and services. With the earthquake, many of the residents moved to camps, either because their homes or neighbourhoods had been destroyed or damaged, or in order to be able to receive food or medical assistance, to take part in cash-for-work programmes, to save on rent (in the case of renters) or in the hope of receiving a house.
- 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)
- Social & Cultural Rights
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 42
- Paragraph text
- The informal rental sector is a crucial component of the housing sector in developing countries and is also increasing today in many European cities, filling a gap created by the current housing policies that do not adequately address the housing needs of low-income households. Unfortunately, slum upgrading programmes have largely ignored the impact on tenants and have sometimes even failed to notice that most target settlements even contain tenants. In some cases, the upgrading programmes even prohibit owners from letting upgraded properties. Such situations are incompatible with the obligation of States to promote the right to adequate housing, inter alia, by facilitating the "self-help" efforts of disadvantaged groups. However, there are a few reliable programmes that include direct subsidies and cheap loans to owners who need to repair their properties and to owners who wish to extend their property to accommodate additional tenants.
- 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
- Social & Cultural Rights
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 4
- Paragraph text
- A nearly unanimous belief in individual homeownership marginalized public rental housing; in many countries most of such housing was sold off. Similarly, the process led to radical changes in tenure structure; in many formerly planned economies owner-occupied housing now forms the bulk of the housing stock (for example, 96 per cent in Estonia and 77 per cent in Slovenia and more than 80 per cent in China). Even in countries where massive privatization did not occur, the ideological transfer of responsibility for the provision of housing to the market has been accompanied by the view that individual homeownership is the best tenure option and the centre of all housing policies. Some countries with a long tradition of broad-based social rental housing redefined their systems to promote ownership and "free market" principles. With subsidized accommodation less available, some households that might have otherwise rented were pushed towards homeownership.
- 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
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 26
- Paragraph text
- Rental arrangements provide a range of options to low-income households in terms of location, improved mobility (particularly related to employment opportunities) and flexibility in terms of dwelling type (smaller or shared units that are not available in other tenure forms). Rental tenure enables low-income households to avoid house price risks, indebtedness and exposure to falling capital values and carries a lower transaction cost than homeownership. Rental housing also provides a regular additional source of income for low-income small landlords, which can serve as a safety net against precarious employment or as a form of pension after retirement and old age. This is particularly important in the case of low-income settlements. However, construction of extensions for renting purposes is often discouraged by planning regulations and stringent building standards.
- 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)
- Social & Cultural Rights
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 37
- Paragraph text
- Such examples demonstrate that it is possible to design rent regulation and tenancy protection mechanisms that do not distort or discourage the private rental market but actually encourage it. A well-regulated rental market can promote the goals of protecting tenants, particularly low income, and encouraging rental housing simultaneously. On the other hand, the elimination of rent controls and the easing of eviction procedures, has rarely led to more investment in the rental market but has actually skewed the market in the direction of homeownership.
- 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
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Mapping and framing security of tenure 2013, para. 52
- Paragraph text
- The above questions, as well as others discussed in subsections C and D of the present section, could be discussed with respect to a number of situations, individuals and groups. One such group is inhabitants of informal settlements. Guidance so far has focused on protection against forced evictions. More broadly, what should States do to ensure that all inhabitants of informal settlements enjoy security of tenure, irrespective of their legal status under national law? What types of minimum measures, as well as measures of progressive realization, should States take? Is there an obligation to give legal recognition to such settlements, and if so what are the implications for rights of tenure? Should any distinction be made under international human rights law as to whether these settlers are on public or private land (a distinction that is often accorded central importance in national law)? And should the threshold of protection be higher in situations of long-established communities and historic acquiescence of the authorities to their presence?
- 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)
- Social & Cultural Rights
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Mapping and framing security of tenure 2013, para. 74
- Paragraph text
- And while central and local authorities are primarily responsible to ensure that land and housing policies are respectful of the right to adequate housing, development and humanitarian agencies also have a significant role to play. Agencies must show due diligence to avoid being unwittingly complicit in human rights violations. In addition, urban developers, investors and national and international finance institutions may contribute to a more inclusive urban growth, but can also have an adverse impact on the rights of urban poor and other groups, and be complicit in forced evictions and land grabbing. Their particular impact on security of tenure should be assessed against the Guiding Principles on Business and Human Rights (A/HRC/17/31, annex).
- 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
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph