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African Charter on the Rights and Welfare of the Child 1990, para. 3
- Paragraph text
- Where no parents, legal guardians or close relatives can be found, the child shall be accorded the same protection as any other child permanently or temporarily deprived of his family environment for any reason.
- Body
- Organization of African Unity
- Document type
- Regional treaty
- Topic(s)
- Movement
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 1990
- Paragraph type
- Article
Paragraph
African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention) 2009, para. 5
- Paragraph text
- States Parties shall endeavour to protect communities with special attachment to, and dependency, on land due to their particular culture and spiritual values from being displaced from such lands, except for compelling and overriding public interests;
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Environment
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2009
- Paragraph type
- Article
Paragraph
African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention) 2009, para. 2i
- Paragraph text
- States Parties shall: i. Take necessary measures to protect individual, collective and cultural property left behind by displaced persons as well as in areas where internally displaced persons are located, either within the jurisdiction of the State Parties, or in areas under their effective control;
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2009
- Paragraph type
- Article
Paragraph
African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention) 2009, para. 5c
- Paragraph text
- Members of armed groups shall be prohibited from: c. Denying internally displaced persons the right to live in satisfactory conditions of dignity, security, sanitation, food, water, health and shelter; and separating members of the same family;
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Humanitarian
- Social & Cultural Rights
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2009
- Paragraph type
- Article
Paragraph
Migration and the right to adequate housing 2010, para. 85
- Paragraph text
- As part of social and cultural integration policies, States should involve migrants in decision-making processes and promote their active participation in public life through adequate representation and participation mechanisms. States should also inform migrants of their rights and duties in the country and promote their active exercise. Migrants are at a particular disadvantage as a result of lack of information. The need for appropriate housing information and advice to prevent housing exclusion and homelessness of migrants is essential, and States have the responsibility to provide it. They should ensure that information and advice on rights and duties relating to housing is available to migrants, including in their native languages. Furthermore, States should foster mutual understanding among local communities and ensure mutual respect for cultural diversity.
- 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
- Movement
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 89
- Paragraph text
- States should ensure that evictions are carried out only in exceptional circumstances and in accordance with international human rights law. Affected individuals should be fully consulted and informed in advance of any planned evictions in languages they understand, and should be provided with alternative accommodation and compensation, and due process rights. In this regard, the Special Rapporteur encourages States to refer to the Basic Principles and Guidelines on Development-Based Evictions and Displacement formulated by the Special Rapporteur on adequate housing (A/HRC/4/18, annex).
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Minorities in the criminal justice system 2015, para. 100
- Paragraph text
- Conditions of detention or imprisonment, and the relevant staff, should reasonably accommodate the cultural, dietary, religious and linguistic characteristics of minority prisoners.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 5f
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] [States parties should pursue national strategies the objectives of which include the following:] To make the necessary changes to the prison regime for prisoners belonging to the groups referred to in the last paragraph of the preamble, so as to take into account their cultural and religious practices;
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2004
- Paragraph type
- Conclusion / Recommendation
Paragraph
The right to adequate housing in disaster relief efforts 2011, para. 64.5
- Paragraph text
- [The Special Rapporteur makes the following recommendations:] Communities and settlements, not just houses, should be rebuilt or resettled: Reconstruction should not only apply to physical structures but should also include or prioritize, as appropriate and according to the needs and requests of affected persons, the rebuilding or setting up of basic infrastructure and services and the upgrading of 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)
- Social & Cultural Rights
- Person(s) affected
- All
- Persons on the move
- Year
- 2011
- Paragraph type
- Conclusion / Recommendation
Paragraph
Rights of linguistic minorities 2013, para. 81
- Paragraph text
- Minority communities are not homogenous and it is important to understand the challenges facing those, including women, children and the elderly, whose needs, perceptions and expectations may vary. Older people, who may be first-generation immigrants, may have stronger linguistic and cultural ties than young people who have been brought up and educated in their country of residence. They may face greater challenges in learning and adapting to the national language and require culturally sensitive, affordable and accessible assistance.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Children
- Older persons
- Persons on the move
- Women
- Youth
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Migration and the right to adequate housing 2010, para. 80
- Paragraph text
- The way in which the status and rights of migrants are recognized determines their degree of integration in the country of destination. Legal and administrative restrictions imposed in the field of housing affect the living conditions of migrants and prevent them from living a dignified life, fully integrated into the community that hosts them. Patterns of discrimination and segregation are witnessed in cities across the world, where migrants are excluded from the essential structures and interactions that constitute urban life. Moreover, the present tendency towards migration is one of greater controls, physical barriers and the pursuit of migrants' invisibility.
- 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
- Movement
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Migration and the right to adequate housing 2010, para. 86
- Paragraph text
- The effective monitoring of the housing situation is an immediate obligation of States. Governments should take the measures necessary to ascertain the full extent of homelessness and inadequate housing within their jurisdiction. The indicators used to assess the housing situation must be disaggregated on the basis of the prohibited grounds of discrimination, including national origin (and citizenship), so as to ensure an accurate description of the housing and living conditions of particularly vulnerable groups, such as migrants. Housing strategies should assess the needs of migrants through periodic housing surveys and monitor housing indicators related to equal opportunity.
- 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
- Movement
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
The human rights situation of Roma worldwide, with a particular focus on the phenomenon of anti-Gypsyism 2015, para. 88
- Paragraph text
- The Special Rapporteur takes note of efforts to fight anti-Roma discrimination and address Roma marginalization and disadvantage. However, while positive developments and good practices have been identified, her global study has revealed the deep-rooted problems of racism and extreme marginalization experienced by Roma worldwide, and has highlighted the ongoing invisibility of many of these communities' struggles. Her report has also exposed the underlying structural discrimination that Roma face, including the interrelation between anti-Gypsyism and the socioeconomic marginalization and political exclusion that Roma experience.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
The right to adequate housing in disaster relief efforts 2011, para. 64.6
- Paragraph text
- [The Special Rapporteur makes the following recommendations:] If return is impossible because the land has disappeared or there are objective safety grounds preventing return, of if it is not desired by the affected individuals or groups, resettlement and local integration conditions must comply with international human rights standards and guidelines pertaining to adequate housing, evictions and displacement.
- 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)
- Movement
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2011
- Paragraph type
- Conclusion / Recommendation
Paragraph
Centrality of the right to adequate housing for the development and implementation of the New Urban Agenda to be adopted at Habitat III in October 2016 2015, para. 76f
- Paragraph text
- [The Special Rapporteur recommends that the urban rights agenda should:] Focus on eliminating social exclusion, inequality and discrimination as human rights violations and prevent the criminalization and stigmatization of people on the basis of their housing status. Particular housing experiences and needs of all migrants, displaced persons, persons with disabilities and women, children and youth in situations of vulnerability should be addressed;
- 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
- Social & Cultural Rights
- Person(s) affected
- Children
- Persons on the move
- Persons with disabilities
- Women
- Youth
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
The right to adequate housing of persons with disabilities 2017, para. 82a (v)
- Original document
- Paragraph text
- [In that regard, the Special Rapporteur offers the following recommendations:] [In consultation with persons with disabilities and their organizations, States should:] Adopt a clear policy framework for the inclusion of all persons with disabilities in all areas of housing policy and design, ensuring that those living in poverty or homelessness, women, ethnic, religious or linguistic minorities, indigenous peoples, migrants and both young and older persons are fully included;
- 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
- Poverty
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Persons with disabilities
- Women
- Youth
- Year
- 2017
- Paragraph type
- Conclusion / Recommendation
Paragraph
Migration and the right to adequate housing 2010, para. 89
- Paragraph text
- Discrimination and xenophobia affect the living conditions of migrants and their coexistence with the local community. They have thus been identified as key factors in the exclusion of migrants from adequate housing. States need to combat xenophobia and discrimination as a matter of urgency and ensure that no legislative or administrative acts reinforce discrimination against migrants with regard to their access to social or private housing. Moreover, States should take effective measures to ensure that housing agencies and private landlords refrain from engaging in discriminatory practices.
- 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
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Children deprived of their liberty from the perspective of the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2015, para. 81
- Paragraph text
- The Special Rapporteur recommends that States adopt child-friendly administrative and criminal court procedures and train police officers, border guards, detention staff, judges and others who may encounter children deprived of their liberty in child protection principles and a better understanding of the vulnerabilities of children to human rights violations, such as torture and other forms of ill-treatment. Special mention should be made of girls, who are particularly vulnerable, and to special groups of children, such as minorities, disabled children and migrants.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Person(s) affected
- Children
- Girls
- Persons on the move
- Persons with disabilities
- Year
- 2015
- Paragraph type
- Conclusion / Recommendation
Paragraph
Homelessness as a global human rights crisis that demands an urgent global response 2016, para. 91k
- Paragraph text
- [In line with the present conclusions, the Special Rapporteur offers the following recommendations to States:] Special attention must be directed to homelessness among indigenous peoples caused by displacement from land and resources and the destruction of cultural identity. Indigenous peoples should be provided with resources to implement programmes to address homelessness in both urban and rural contexts, consistent with the Declaration on the Rights of Indigenous Peoples.
- 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
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Year
- 2016
- Paragraph type
- Conclusion / Recommendation
Paragraph
Internally displaced women: progress, challenges and the way ahead 2013, para. 92b
- Paragraph text
- [With regard to housing, land and property (HLP), States should:] Take specific measures to ensure that HLP claims of persons without individually held or formally registered properties are equitably addressed, giving particular consideration to those at risk of marginalization, including widows, female heads of households, and unaccompanied children;
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Children
- Persons on the move
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 38a
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] [When persons belonging to the groups referred to in the last paragraph of the preamble are serving prison terms, the States parties should:] Guarantee such persons the enjoyment of all the rights to which prisoners are entitled under the relevant international norms, in particular rights specially adapted to their situation: the right to respect for their religious and cultural practices, the right to respect for their customs as regards food, the right to relations with their families, the right to the assistance of an interpreter, the right to basic welfare benefits and, where appropriate, the right to consular assistance. The medical, psychological or social services offered to prisoners should take their cultural background into account;
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Families
- Persons on the move
- Year
- 2004
- Paragraph type
- Conclusion / Recommendation
Paragraph
Reflections on the six-year tenure of the Special Rapporteur 2017, para. 93
- Paragraph text
- The Special Rapporteur has observed challenges to the use of the term "minority" for certain distinct communities, either because they reject being referred as minorities on the basis of a perceived negative connotation, or because they self-identify as minorities but the State refuses to recognize them as such. She considers that further awareness-raising is required to fully convey the meaning, scope and implications of the term "minority", so that it can be reclaimed and used with the empowering intent it actually holds. Moreover, she recalls that the existence of an ethnic, religious or linguistic minority in a given State does not depend upon a decision by the Government but needs to be established by objective criteria. Members of those minorities need not be nationals or citizens, or even permanent residents. Therefore, she encourages States to be as inclusive as possible when designing protection measures for all disadvantaged minorities within their territories, including migrant workers and newly arrived minorities.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Year
- 2017
- Paragraph type
- Conclusion / Recommendation
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 type
- Conclusion / Recommendation
Paragraph
Article 1, paragraph 1, of the Convention (Descent) 2002, para. (n)
- Paragraph text
- [Recommends that the States parties, as appropriate for their particular circumstances, adopt some or all of the following measures:] Monitor and report on trends which give rise to the segregation of descent-based communities and work for the eradication of the negative consequences resulting from such segregation;
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Movement
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2002
- Paragraph type
- Conclusion / Recommendation
Paragraph
Article 1, paragraph 1, of the Convention (Descent) 2002, para. (o)
- Paragraph text
- [Recommends that the States parties, as appropriate for their particular circumstances, adopt some or all of the following measures:] Undertake to prevent, prohibit and eliminate practices of segregation directed against members of descent-based communities including in housing, education and employment;
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2002
- Paragraph type
- Conclusion / Recommendation
Paragraph
Migration and the right to adequate housing 2010, para. 88
- Paragraph text
- Regulations and policies aimed at controlling property prices, providing access to urbanized land and affordable renting conditions, as well as the provision of grievance mechanisms to victims, including migrants, are essential to prevent rapacious practices against migrants and to counteract the disproportionate vulnerability of migrants in the housing 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)
- Economic Rights
- Movement
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 84b
- Paragraph text
- [In particular, States should:] Ensure that effective remedies are available to victims of racism, racial discrimination, xenophobia and related intolerance and monitor the responses of the judicial system to allegations of xenophobia and hate crimes against migrants, with due regard for age and gender considerations;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 92
- Paragraph text
- States should rapidly identify unaccompanied migrant children without access to adequate housing and provide them with accommodation suitable to their needs and circumstances. States should also appoint guardians in order to prevent the social exclusion of these children and ensure that they have adequate access to basic services.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Social & Cultural Rights
- Person(s) affected
- Children
- Persons on the move
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Regional study: management of the European Union external border and the impact on the human rights of migrants 2013, para. 79
- Paragraph text
- Moreover, such an approach will only serve to fuel xenophobia, discrimination and marginalization of migrants, which may have the effect of enabling a culture of impunity around the violation of migrants' rights, and cement an anti-migration attitude, as well as contributing towards the rise of verbal and physical violence against migrants, as is presently being experienced in Greece.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Social & Cultural Rights
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Labour exploitation of migrants 2014, para. 103
- Paragraph text
- Implement "firewalls" between immigration enforcement and public services such as police, health care and education, in order to make sure that irregular migrant workers enjoy their civil, economic, social and cultural rights without fear of being identified, arrested, detained and deported.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Movement
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph