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SRSG on violence against children: Annual report 2010, para. 20
- Paragraph text
- Even in countries where harmful practices persist behind deeply entrenched traditions, the legislative process has provided opportunities to involve community and religious leaders, parliamentarians, professional associations, academic institutions and grass-roots organizations, and engage communities concerned. Bridging international standards, policy action and local values, and motivating change from within, legislation has been supported as the fruit of true conviction, gaining traction as a genuine deterrent with preventive effect.
- Body
- Special Representative of the Secretary-General on violence against children
- Document type
- SRSG report
- Topic(s)
- Harmful Practices
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2010
Paragraph
SRSG on violence against children: Annual report 2014, para. 134
- Paragraph text
- Data, research and evaluation should be developed and widely shared to promote a paradigm shift from punitive to restorative justice approaches that respect and protect the rights of the child.
- Body
- Special Representative of the Secretary-General on violence against children
- Document type
- SRSG report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Children
- Year
- 2014
Paragraph
SRSG on violence against children: Annual report 2015, para. 104
- Paragraph text
- Large public education campaigns have been developed in support of changing cultural norms around drinking; they are most effective when they involve a variety of sectors and are part of a comprehensive strategy, including increased community safety and legal enforcement.
- Body
- Special Representative of the Secretary-General on violence against children
- Document type
- SRSG report
- Topic(s)
- Education
- Social & Cultural Rights
- Person(s) affected
- All
- N.A.
- Year
- 2015
Paragraph
SRSG on violence against children: Annual report 2013, para. 89
- Paragraph text
- Many governmental responses highlighted that gender equality is established as a fundamental principle in the national constitution or specific legislation; in some cases there is a policy to promote gender equality and equity, or legislation to address specific manifestations of gender-based violence.
- Body
- Special Representative of the Secretary-General on violence against children
- Document type
- SRSG report
- Topic(s)
- Gender
- Social & Cultural Rights
- Person(s) affected
- All
- N.A.
- Year
- 2013
Paragraph
Discussion on "Recognition through Education, Cultural Rights and Data Collection" 2013, para. 75a
- Paragraph text
- [In recognition of the contribution of the continent of Africa and people of African descent to the development, diversity and richness of world civilizations and cultures which constitute the common heritage of humankind, States should, in collaboration with relevant United Nations bodies and agencies, particularly the United Nations Educational, Scientific and Cultural Organization (UNESCO) and international donors:] Promote and protect the culture, identity and tangible and intangible heritage of the continent of Africa and people of African descent, and keep, maintain and foster their mode of life and forms of organization, languages and religious expressions;
- Body
- Working Group of experts on people of African descent
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2013
Paragraph
Activities of the Working Group 2014, para. 60r
- Paragraph text
- [In order to provide equal access to justice for people of African descent and as a part of the duty of States to protect human rights, the Working Group calls upon States to guarantee that:] Measures are adopted to eliminate sociocultural ideologies inherited from the slavery period, which perpetuate racism and racial discrimination against people of African descent and their continued invisibility at all levels of society. Programmes should be established to preserve knowledge of the culture and history of people of African descent in museums and other forums for future generations, and efforts made to encourage and support the publication and distribution of books and other print materials, as well as the broadcasting of television and radio programmes, about their history and cultures. States and civil society should work with the media and communications companies to promote more positive and inclusive images and representations of people of African descent in order to increase their visibility within society and challenge negative stereotypes and resultant discrimination;
- Body
- Working Group of experts on people of African descent
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2014
Paragraph
Manifestations and causes of domestic servitude 2010, para. 48
- Paragraph text
- Relevant economic factors include advance or deferred payment designed to increase dependency, payment that keeps workers below the poverty level, payment in kind only or prohibitions to freely change employers.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Poverty
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2010
Paragraph
Access to land and the right to food 2010, para. 40a
- Paragraph text
- [In order to respect the right to food, States should:] Ensure security of tenure. States should take measures to confer legal security of tenure upon those persons, households and communities currently lacking such protection, including all those who do not have formal titles to home and land. The adoption of anti-eviction laws imposing strict conditions for interference with the rights of land users should be seen as a priority. This should supplement any strengthening of the regulatory framework concerning expropriation, which itself should provide clear procedural safeguards for landowners while, at the same time, providing for the possibility of agrarian reform where land concentration is excessive;
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2010
Paragraph
The implementation of the right to social protection through the adoption of social protection floors 2014, para. 12
- Paragraph text
- Although a report as brief as this can only skim the historical surface, at least five factors ensured that social protection in general, and the right to social security in particular, were of marginal importance for most of the twentieth century. First, the artificial and in some respects arbitrary division of the concept of human rights into two different categories of rights governed by very different assumptions, condemned economic and social rights to second-class status for much of this period. Second, the often proclaimed interdependence and indivisibility of the two sets of rights resolutely failed to address in practice the fact that individuals living in extreme poverty were unable to realize effectively many of their civil and political rights. Third, the mistaken notion that civil and political rights are largely costless, while economic and social rights are inevitably extremely costly, was used to legitimize the assumption that social security was a quintessentially costly right and thus only really of relevance to rich countries. Fourth, where it was officially accepted, social security was largely conceptualized as a tool for protecting workers in the public sector and in the formal sector more generally. Thus only minimal efforts were made to develop a more inclusive notion that built upon both formal and informal structures and processes to ensure that all persons were covered by some type of security arrangement. Fifth, many of those problems were exacerbated by the impact of the cold war on the human rights framework. A sixth factor was the extent to which individual United Nations agencies claimed different issues as their own and sought to develop forms of exclusive jurisdictional competence. Under that scheme, social security "belonged" to ILO. The rest of the United Nations system thus more or less kept away from the issue, except in the most general terms. That also meant that, some official rhetoric notwithstanding, the United Nations human rights system developed in relative isolation from what should have been the closely related work of a number of the specialized agencies.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Poverty
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2014
Paragraph
The right to freedom of opinion and expression exercised through the Internet 2011, para. 22
- Paragraph text
- The right to freedom of opinion and expression is as much a fundamental right on its own accord as it is an "enabler" of other rights, including economic, social and cultural rights, such as the right to education and the right to take part in cultural life and to enjoy the benefits of scientific progress and its applications, as well as civil and political rights, such as the rights to freedom of association and assembly. Thus, by acting as a catalyst for individuals to exercise their right to freedom of opinion and expression, the Internet also facilitates the realization of a range of other human rights.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2011
Paragraph
The right to access information 2013, para. 46
- Paragraph text
- The Court has also considered judicial proceedings to be essential to the right to know the truth, holding that States may establish truth commissions, which contribute to the creation and preservation of historical memory, elucidation of the facts and the determination of institutional, social and political responsibilities during certain historical periods in society. Nevertheless, the Court considers that this does not complete, or substitute for, the State's obligation to establish the truth through judicial proceedings; hence, the State has the obligation to open and expedite criminal investigations in order to determine the corresponding responsibilities.
- 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
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2013
Paragraph
Health financing in the context of the right to health 2012, para. 49
- Paragraph text
- Primary health-care goods and services do not require specialized training for health-care workers, sophisticated diagnostic equipment or significant physical infrastructure. Primary health care is provided in the community setting in small clinics or in homes by doctors, nurses and other health-care workers and may therefore be administered in a more socially and culturally acceptable manner. Primary health care is thus more geographically adaptable and less costly to administer and make use of, which increases the availability of health goods and services for rural and remote communities and the poor.
- 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
- Person(s) affected
- All
- Year
- 2012
Paragraph
The right to adequate housing in disaster relief efforts 2011, para. 5
- Paragraph text
- The right to adequate housing is most clearly recognized by the International Covenant on Economic, Social and Cultural Rights (article 11). The Committee on Economic, Social and Cultural Rights underlined the importance of interpreting the right in broad terms, identifying seven aspects of the right that States must progressively realize: security of tenure; availability of services, materials, facilities and infrastructure; affordability; habitability; accessibility; location; and cultural adequacy. All the aspects and safeguards pertaining to eviction and resettlement derived from the right are relevant to disaster response, as are the human rights principles of participation and non-discrimination and equality.
- 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
- Humanitarian
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2011
Paragraph
The right to adequate housing in disaster relief efforts 2011, para. 64.3
- Paragraph text
- [The Special Rapporteur makes the following recommendations:] The tenure rights of "non-formal owners", namely those without individual, formally registered, property ownership, should be honoured: For those with insecure tenure, measures should aim at strengthening their security of tenure, for instance by granting rights to housing or land at places of origin, either immediately or in incremental stages. When restitution or return is not desirable for the affected persons or is not possible owing to land having disappeared or to compelling safety reasons that prevent the return, alternative housing or land should be granted at another location.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2011
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 45
- Paragraph text
- For low-income households, ensuring a high degree of security of tenure in the private rental market is of the utmost importance since poor tenants cannot afford the costs associated with a change of dwelling or with challenging evictions and cannot compete in a completely unregulated private rental market (even when receiving housing benefits). It is therefore also necessary to ensure that regulation and accountability are respected in order to prevent economic de facto evictions and to enable low-income households to access affordable rental housing in urban areas that are well located.
- 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
- Person(s) affected
- All
- Year
- 2013
Paragraph
Women and their right to adequate housing 2012, para. 54
- Paragraph text
- The existing gaps are complex and difficult to overcome as they are deeply rooted in culture, discriminatory social attitudes and practices, as well as weak or gender-blind systems which delay progress in the realization of the right, and fail to effectively make visible the existing barriers. Those challenges require more than ordinary efforts to enforce laws and put policies into practice; additional actions directed to provoke those changes in cultural patterns are required, and this can be obtained particularly through the combination of awareness-raising and public education, as well as through legal enforcement and legal aid, and provision of appropriate resources through the adoption of specific budgetary measures.
- 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
- Gender
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2012
Paragraph
Mapping and framing security of tenure 2013, para. 64
- Paragraph text
- The Committee on Economic, Social and Cultural Rights has stressed that discrimination on the grounds of property status or place of residence is prohibited under the International Covenant on Economic, Social and Cultural Rights. Property status includes those holding real property (for example land ownership or tenure) and those who lack it. The Committee further clarified that the exercise of Covenant rights, such as access to water or protection from forced eviction, should not be conditional on, or determined by, a person's current or former place of residence, or land tenure status, such as living in an informal settlement. Furthermore, the Committee has noted that States parties must give due priority to those social groups living in unfavourable conditions by giving them particular consideration.
- 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
- All
- Year
- 2013
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 3
- Paragraph text
- Tenure should be secured in situ unless there are exceptional circumstances that justify eviction consistent with international human rights law. Regulations aimed at protecting public health and safety and the environment or at mitigating risk for the population should not be used as an excuse to undermine security of tenure. In situ solutions should be found whenever it is possible to: (a) mitigate and manage risks of disaster and threats to public health and safety; or (b) balance environmental protection and security of tenure; except when inhabitants choose to exercise their right to resettlement.
- 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
- Person(s) affected
- All
- Year
- 2014
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 4a
- Paragraph text
- [Property has a vital social function including adequate housing of the urban poor. States should balance property rights with the social function of property in designing and implementing housing and other relevant policies. In particular, States, including relevant authorities, should promote access to secure and well-located housing for the urban poor through, inter alia, the following measures:] Conduct citywide audits of vacant and underutilized land, housing and buildings;
- 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
- All
- Year
- 2014
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 4b
- Paragraph text
- [Property has a vital social function including adequate housing of the urban poor. States should balance property rights with the social function of property in designing and implementing housing and other relevant policies. In particular, States, including relevant authorities, should promote access to secure and well-located housing for the urban poor through, inter alia, the following measures:] Conduct assessments of spatial needs to house the urban poor, including homeless persons, taking into account current and anticipated trends;
- 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
- All
- Year
- 2014
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 35
- Paragraph text
- States should establish, in consultation with communities, a local dispute resolution mechanism, which is socially legitimate and culturally appropriate, to address disputes that arise during these processes. Dispute resolution mechanisms should be impartial, fair, competent, transparent and human rights-compatible, and affordable and accessible to all. Negotiation and mediation between parties to a dispute should be encouraged wherever possible in order to promote mutually beneficial outcomes that secure the tenure rights of all parties.
- 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
- All
- Year
- 2014
Paragraph
Reflection on work undertaken in first 14 years of the mandate; outline of opportunities and priorities 2014, para. 67
- Paragraph text
- Homelessness is at the end of the housing spectrum and must be understood as a prima facie violation of the right to adequate housing (i.e., where any significant number of individuals are deprived of basic shelter or housing, a State is prima facie failing to discharge its international human rights obligations). During her mandate, the Special Rapporteur intends to organize consultations and expert discussions to explore various dimensions of this violation of the right to adequate housing, including the obligation of the State to address homelessness.
- 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
- All
- Year
- 2014
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 11
- Paragraph text
- Possession rights. The legal recognition of the rights of those occupying public, private or community land and housing for a prescribed period, through adverse possession of land and housing, above the rights of absentee owners or the State, is an important measure to ensure that land and housing is being used in the most socially productive manner and to fulfil the right to adequate housing for all. For example, article 183 of the Brazilian Constitution recognizes usucapio of urban land used for a home after five years of possession without interruption or opposition, provided that the possessor does not own any other property.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2014
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 13
- Paragraph text
- Use rights. The right of people to use public or private property for their housing needs under certain conditions should be recognized and protected in law and policy. For example, in Trinidad and Tobago, Certificates of Comfort give the holders a right not to be removed from the plot unless resettlement is deemed necessary and an alternative plot is identified and made available. In Mozambique, a right to use and improve State land can be granted to individuals or groups, which allows persons to mortgage or sell their buildings and other improvements on that land.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2014
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 53
- Paragraph text
- Access to social security. Social security is critical to guaranteeing human dignity and the enjoyment of human rights when people are faced with circumstances that deprive them of their capacity to otherwise realize them. Sometimes homeless persons or individuals without a registered address are unable to access social security either owing to eligibility criteria or indirect bureaucratic obstacles. These obstacles amount to discrimination on the basis of tenure status. States should take all necessary steps to remove barriers faced by persons who are homeless or have an ambiguous tenure status in receiving social security, including by ensuring that a registered address and other residence requirements are not a de jure or de facto prerequisite to receiving benefits.
- 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
- All
- Year
- 2014
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 81
- Paragraph text
- Remedies for violations of the right to adequate housing may include restitution, reparation, the provision of alternative adequate housing, rehabilitation of housing or livelihoods, financial or non-financial compensation for loss and damage, and punitive sanctions against the perpetrator. An injunction, precautionary measures or other judicial or administrative intervention may be required to prevent imminent forced eviction or other violation. Remedies may also include repeal or amendment of law or policy and quashing of administrative decisions. In this regard, States should ensure that policies and decisions affecting tenure security are subject to administrative and judicial review. In the case of an unjustified failure of the State to adopt appropriate and timely measures to address tenure insecurity taking into account its use of available resources, redress may include an injunction to devise and implement a reasonable plan of action towards security of tenure for aggrieved groups.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2014
Paragraph
Centrality of the right to adequate housing for the development and implementation of the New Urban Agenda to be adopted at Habitat III in October 2016 2015, para. 11
- Paragraph text
- Achieving the objectives of Habitat III will rely on the unique ability of human rights to effect transformative change through the application of universal norms and guiding principles to specific contexts and in response to emerging challenges. This essentially describes the key features and benefits of a human rights approach. Human rights can effect the kind of spatial, geographic, social and attitudinal change required to address the structural causes of exclusion and inequality, so that cities become places of opportunity and well-being for everyone - where adequate housing, food, water and sanitation, education, employment and health are realized as fundamental rights.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Water & Sanitation
- Person(s) affected
- All
- N.A.
- Year
- 2015
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 55
- Paragraph text
- Land administration programmes, housing policies and urban planning. Discrimination on the basis of tenure status is prevalent in land, housing and urban policies. Land administration programmes typically only register freehold rights, while ignoring the multiple other existing tenure forms. Housing policies commonly also promote freehold, with benefits and support, such as access to finance, made conditional on homeownership. Meanwhile, many urban planning processes aim to benefit only those with registered tenure rights and fail to take into account the circumstances of urban poor communities whose arrangements are not legally recognized. These exclusions impair the enjoyment of human rights by those without freehold or other legally recognized tenure rights vis-a-vis other sectors of the population. States should ensure that land administration, housing policies and urban plans protect and secure a variety of tenure arrangements, prioritizing the most vulnerable and marginalized. For example, the Mexico City Housing Improvement Programme offers credit regardless of tenure status.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2014
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 56
- Paragraph text
- Land acquisition. Land occupied by urban poor households with an ambiguous tenure status is disproportionately acquired by States for "public purpose" projects, such as infrastructure development, requiring the eviction of residents. This situation may amount to discrimination in the enjoyment of the right to adequate housing on the basis of tenure and economic status. In selecting sites for public purpose projects, States should ensure that the urban poor are not disproportionately affected, and that all alternatives have been considered.
- 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
- All
- Year
- 2014
Paragraph
Centrality of the right to adequate housing for the development and implementation of the New Urban Agenda to be adopted at Habitat III in October 2016 2015, para. 31
- Paragraph text
- The Millennium Development Goals had a direct and detrimental impact on the development of a rights-based pro-housing urban agenda. Essential aspects of the right to housing in urban centres were rendered invisible, in particular, security of tenure, homelessness, adequate location and affordability of housing and related services - none of which were referenced in the Goals. The focus on housing structures and bathrooms in target 7.D diverted attention from the critical economic, social, governance and environmental challenges of urbanization identified by Habitat II. Moreover, the Millennium Development Goals lacked accountability mechanisms, with no reference to meaningful engagement with rights holders, access to justice or the realization of the right to adequate housing as would have been the case had human rights been used to unite the Goal under a common framework for their implementation.
- 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
- Year
- 2015
Paragraph