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are compatible with the obligations arising from the right to adequate housing
and repeal or amend any legislation or policies that are inconsistent with the
requirements of the Covenant.
11.
Women, children, youth, older persons, indigenous people, ethnic and
other minorities, and other vulnerable individuals and groups all suffer
disproportionately from the practice of forced eviction. Women in all groups
are especially vulnerable given the extent of statutory and other forms of
discrimination which often apply in relation to property rights (including
home ownership) or rights of access to property or accommodation, and their
particular vulnerability to acts of violence and sexual abuse when they are
rendered homeless. The non-discrimination provisions of articles 2.2 and 3 of
the Covenant impose an additional obligation upon Governments to ensure that,
where evictions do occur, appropriate measures are taken to ensure that no
form of discrimination is involved.
12.
Whereas some evictions may be justifiable, such as in the case of
persistent non-payment of rent or of damage to rented property without any
reasonable cause, it is incumbent upon the relevant authorities to ensure that
they are carried out in a manner warranted by a law which is compatible with
the Covenant and that all the legal recourses and remedies are available to
those affected.
13.
Forced eviction and house demolition as a punitive measure are also
inconsistent with the norms of the Covenant. Likewise, the Committee takes
note of the obligations enshrined in the Geneva Conventions of 1949 and
Protocols thereto of 1977 concerning prohibitions on the displacement of the
civilian population and the destruction of private property as these relate to
the practice of forced eviction.
14.
States Parties shall ensure, prior to carrying out any evictions, and
particularly those involving large groups, that all feasible alternatives are
explored in consultation with the affected persons, with a view to avoiding,
or at least minimizing, the need to use force. Legal remedies or procedures
should be provided to those who are affected by eviction orders. States
Parties shall also see to it that all the individuals concerned have a right
to adequate compensation for any property, both personal and real, which is
affected. In this respect, it is pertinent to recall article 2.3 of the
International Covenant on Civil and Political Rights, which requires States
Parties to ensure “an effective remedy” for persons whose rights have been
violated and the obligation upon the “competent authorities (to) enforce such
remedies when granted”.
15.
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 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