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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
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
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 14
- Paragraph text
- However, in the absence of land planning and regulations, a large amount of subsidies available in the housing market has led to significant increases in land and housing prices, a general problem of affordability for low-income households and long waiting lists.
- 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
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 15
- Paragraph text
- Problems have also emerged with regard to the location of housing units, some exacerbating exclusion and segregation. In countries like Chile, subsidized housing developments were built in the urban periphery where land costs were lowest, but which lacked adequate infrastructure, schools, health facilities, transportation and employment opportunities and were characterized by low habitability.
- 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
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 22
- Paragraph text
- The sections below provide a review of alternative housing policies for the urban poor that have been largely ignored by States in recent years - rental arrangements and collective and tenure - while analysing their compatibility with the promotion of the right to adequate housing of those living in poverty.
- 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
- Poverty
- Social & Cultural Rights
- Year
- 2013
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
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 35
- Paragraph text
- Critics of rent control and regulation claim that such measures produce inefficiencies, distort market values, reduce the housing supply and encourage corruption and low housing maintenance. Rent regulation has also been criticized for not targeting low-income households since controlled rents and protected tenancies usually favour those who have lived in rental housing for years over potential new tenants, and there is no mechanism to ensure that those benefitting from rent control are the low-income households.
- 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
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
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 41
- Paragraph text
- Most informal landlords let property that lacks a building license, do not issue written contracts, do not abide by rental and tax legislations and requirements, and in most cases are unaware(as are their tenants) of the existing relevant legislation.
- 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
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
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 43
- Paragraph text
- While increasing access to homeownership for low-income households through credit has proved to lead to overindebtedness and housing crises, rental housing has the potential to promote a range of more affordable options, while reducing financial risk and enabling better mobility.
- 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
- Equality & Inclusion
- Movement
- Social & Cultural Rights
- Year
- 2013
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
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
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. 39
- Paragraph text
- Housing status, such as being homeless or a "squatter" or a resident of an informal settlement, has become more than a marker of deprivation in cities. It has become a social identity that is often the basis for stigmatization and discrimination, limiting opportunities and creating further obstacles to inclusion 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
- Social & Cultural Rights
- Year
- 2015
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. 50
- Paragraph text
- To attend to the needs of diverse groups and ensure accountability, it is important that housing safety issues be addressed within a human rights framework. At a minimum, according to international human rights obligations, cities must ensure that there are safe places for people to reside when their homes become dangerous. Basic services like sanitation and water must be available in a manner that poses no risk to safety (see A/HRC/21/42, paras. 39 and 40) and housing design must be responsive to the needs of particular vulnerable groups, as articulated by those 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)
- Equality & Inclusion
- Social & Cultural Rights
- Water & Sanitation
- Year
- 2015
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. 59
- Paragraph text
- When visiting residents of informal settlements, one is invariably struck by the human capacity to create vibrant communities with dignity and beauty despite the gross lack of almost everything. This capacity can be better harnessed; residents of informal settlements usually can identify the structural causes of their conditions, and they know well their needs and the barriers to meeting their needs. Frequently, they have a vision for their future and the future of their communities and can develop effective and targeted solutions. Engaging residents to participate in realizing their right to adequate housing is consistent with a human rights framework. For this to happen, local and national governments must be willing to recognize these communities as legitimate participants in urban democracy and as drivers of their own well-being.
- 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
- Year
- 2015
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. 64
- Paragraph text
- Inadequate housing, homelessness and the informal settlements in cities must be addressed not only as a failure of housing and upgrading programmes but primarily as a failure of existing laws to ensure human rights. Residents of informal settlements lack both housing structures and basic legal protections, such as security of tenure, health and safety protections and entitlements to services. They are deprived not only of housing but of the protections afforded by the rule of law, which in turn makes them vulnerable to further deprivations.
- 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
- Year
- 2015
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
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
Paragraph
Debt bondage as a key form of contemporary slavery 2016, para. 51
- Paragraph text
- Interventions to support the empowerment of adults who are in debt bondage or who are vulnerable to debt bondage are necessary, both for the individuals concerned and for subsequent generations. Initiatives that ensure that bonded labourers have access to land, such as land reform in rural areas, and fairer leasing arrangements; full, free and productive employment and skill training; and affordable credit could promote the empowerment of bonded labourers and prevent debt bondage. Furthermore, the implementation of projects that facilitate access to regulated credit schemes, both for entrepreneurial purposes and for personal needs, could prevent workers from becoming trapped in debt bondage.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Social & Cultural Rights
- Year
- 2016
Paragraph
Ensuring the inclusion of minority issues in post- 2015 development agendas 2014, para. 77
- Paragraph text
- The Special Rapporteur on the human right to safe drinking water and sanitation, Catarina de Albuquerque, focused her 2012 report to the Council (A/HRC/21/42) on stigmatization in the realization of the rights to water and sanitation. The report examines different manifestations of stigma in the context of the human rights to water and sanitation and explores recommendations for policymaking and solutions to prevent and respond to human rights violations resulting from stigma. The Special Rapporteur found that stigma pushes people to the margins of society and results in the rejection, avoidance and marginalization of certain groups. Access to water and sanitation for many Roma communities is notoriously precarious. Similarly, the report highlights that Dalit habitations are often systematically excluded from service provision.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Water & Sanitation
- Year
- 2014
Paragraph
Eradicating contemporary forms of slavery from supply chains 2015, para. 25
- Paragraph text
- Despite the various measures taken to eradicate the worst forms of child labour from the carpet industry, these forms were reported to continue to exist in handmade carpet production units in South Asia, in which carpets are produced for export mainly to the United States of America. Various studies have reported the existence of contemporary forms of slavery and labour exploitation in the construction industry and forced labour in the manufacturing of electronic goods has also been the subject of recent research.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Social & Cultural Rights
- Violence
- Year
- 2015
Paragraph
Extreme poverty and human rights on universal basic income 2017, para. 57
- Paragraph text
- Finally, a simulation for the region of Catalonia, in Spain, suggests that a basic annual income of €7,968 for those aged over 18 and of €1,594 for minors would require a 49.57 per cent flat tax rate and extra financing of €7 billion.
- Body
- Special Rapporteur on extreme poverty and human rights
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Year
- 2017
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 4
- Paragraph text
- In "hedge cities", prime destinations for global capital seeking safe havens for investments, housing prices have increased to levels that most residents cannot afford, creating huge increases in wealth for property owners in prime locations while excluding moderate- and low-income households from access to homeownership or rentals due to unaffordability. Those households are pushed to peri-urban areas with scant employment and services.
- 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
- 2017
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 6
- Paragraph text
- In many countries in the global South, where the majority of households are unlikely to have access to formal credit, the impact of financialization is experienced differently, but with a common theme - the subversion of housing and land as social goods in favour of their value as commodities for the accumulation of wealth, resulting in widespread evictions and displacement. Informal settlements are frequently replaced by luxury residential and high-end commercial real estate.
- 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
- Year
- 2017
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 7
- Paragraph text
- While much has been written about the financialization of housing, it has not often been considered from the standpoint of human rights. Decision-making and assessment of policies relating to housing and finance are devoid of reference to housing as a human right. Issues related to business and human rights have received some attention in recent years. However, the housing and real estate sector - the largest business sector with many of the most serious impacts on human rights - appears to have been mostly ignored.
- 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
- 2017
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 30
- Paragraph text
- A significant portion of investor-owned homes are simply left empty. In Melbourne, Australia, for example, 82,000 or one fifth of investor-owned units lie empty. In the affluent boroughs of Chelsea and Kensington in the city of London, prime locations for wealthy foreign investors, the number of vacant units increased by 40 per cent between 2013 and 2014. In such markets, the value of housing is no longer based on its social use. The housing is as valuable whether it is vacant or occupied, lived in or devoid of life. Homes sit empty while homeless populations burgeon.
- 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
- 2017
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 37
- Paragraph text
- Financialized housing markets create and thrive on gentrification and the appropriation of public value for private wealth. Improved services, schools or parks in an impoverished neighbourhood attract investment, which then drives residents out. The transformation of an old railway line in West Chelsea in Manhattan into a public walkway and park has attracted wealthy investors to a mixed income neighbourhood, radically transforming it with luxury housing units costing in the multimillions, and displacing longer term residents. In Vancouver, the opening of new public transport facilities in Burnaby, one of the few remaining areas of affordable rental housing, has quickly led to the development of expensive condominium towers, displacing residents who have not only lived there for decades, but also invested in developing their community.
- 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)
- Poverty
- Social & Cultural Rights
- Year
- 2017
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 45
- Paragraph text
- Informal settlements in Southern cities are regularly demolished for luxury housing and commercial development such as shopping malls and other high-end services intended for those with expendable incomes. In Lagos, Nigeria, for example, 30,000 residents of the Otodo Gbame community were forcibly removed after their waterfront homes were set alight, allegedly related to luxury developments. Many were left homeless. Elsewhere, when informal settlements are upgraded with infrastructure development and the granting of formal title and credit, they become subject to speculation and rising costs that force existing residents, particularly informal renters, out of the community. The real estate market in Mumbai, India, is now actively engaged in promoting speculative investment in informal settlements, where upgraded housing is attracting real estate speculation and price increases.
- 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
- 2017
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 69
- Paragraph text
- In response to the mortgage crisis in Spain, the autonomous regions of Andalusia and Catalonia introduced progressive laws explicitly affirming the social function of housing and facilitating temporary expropriation of vacant housing. Catalonian legislation also prohibited foreclosures and evictions that would result in homelessness. Both of those regional initiatives were struck down by the Constitutional Court as encroaching on the jurisdiction of the national Government and opposing the general economic interests of the country. In response, at least in the case of Catalonia, the legislation was reintroduced with amendments and was passed by the Catalonian parliament.
- 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
- 2017
Paragraph