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The right to adequate housing of persons with disabilities 2017, para. 36
- Paragraph text
- In the Convention, a broad and substantive concept of the right to equality and non-discrimination is affirmed. Prohibited discrimination includes any distinction, exclusion or restriction on the basis of disability that has the purpose or effect of impairing or nullifying the enjoyment of human rights, including the right to adequate housing. As such, the provision extends to any failures to address systemic inequality in access to adequate housing, including those relating to inadequate services, insufficient social protection and a lack of affordable housing.
- Organe
- Rapporteur spécial sur le logement convenable en tant qu'élément du droit à un niveau de vie suffisant
- Type de document
- Rapport des procédures spéciales
- Thèmes
- Égalité & Inclusion
- Personnes concernées
- Tout(es)
- Année
- 2017
Paragraphe
The right to adequate housing of persons with disabilities 2017, para. 45a
- Paragraph text
- [The Committee on Economic, Social and Cultural Rights has identified some indicators of whether a State has satisfied a standard of reasonableness, including:] The extent to which the measures taken were deliberate, concrete and targeted towards the fulfilment of the right;
- Organe
- Rapporteur spécial sur le logement convenable en tant qu'élément du droit à un niveau de vie suffisant
- Type de document
- Rapport des procédures spéciales
- Thèmes
- Égalité & Inclusion
- Gouvernance & l'état de droit
- Personnes concernées
- Tout(es)
- Année
- 2017
Paragraphe
The right to life and the right to adequate housing: the indivisibility and interdependence between these rights 2016, para. 27
- Paragraph text
- Lived experience illustrates that adequate housing, dignity, security and life are so closely intertwined as to be essentially inseparable. The same is true in international human rights law. The right to life cannot be separated from the right to a secure place to live, and the right to a secure place to live only has meaning in the context of a right to live in dignity and security, free of violence.
- Organe
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2016
Paragraphe
Guiding Principles on security of tenure for the urban poor 2014, para. 44
- Paragraph text
- Allocation of public land for the provision of housing. States should utilize available public land, including land obtained by municipalities through tax foreclosures and other means, to meet current and anticipated housing needs of the urban poor, using suitable secure tenure arrangements. States may choose to provide adequate housing or ensure that the conditions exist to enable recipients to construct or rehabilitate housing themselves.
- Organe
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Poverty
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2014
Paragraphe
Financialization of housing and the right to adequate housing 2017, para. 41
- Paragraph text
- In circumstances where Governments should be relying on positive measures and resource allocation to provide housing to households affected by economic downturns and widespread unemployment, many have been held accountable to austerity measures imposed by creditors. They have agreed to dramatically reduce or eliminate housing programmes, privatize social housing and sell off massive amounts of housing and real estate assets to private equity funds.
- Organe
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2017
Paragraphe
Guiding Principles on security of tenure for the urban poor 2014, para. 76
- Paragraph text
- The urban poor should drive the process of strengthening their tenure security. Global experience shows that the realization of the right to adequate housing depends as much upon the mobilization and advocacy of social movements as the concerted efforts of States. Governmental and other relevant actors should support the empowerment of urban poor individuals and communities by being accountable for the implementation of these principles.
- Organe
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Poverty
- Personnes concernées
- All
- Année
- 2014
Paragraphe
Homelessness as a global human rights crisis that demands an urgent global response 2016, para. 77
- Paragraph text
- National homelessness strategies have relied on legislation to clarify government obligations. Scotland enacted the Homelessness etc. (Scotland) Act in 2003, which includes the commitment to make housing a legal right by 2012. In keeping with this, an order was passed by the Scottish Parliament in 2012 that ensures that all individuals assessed to be "unintentionally homeless" have a right to settled accommodation.
- Organe
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2016
Paragraphe
The right to adequate housing in disaster relief efforts 2011, para. 6
- Paragraph text
- However, existing guidance with respect to disaster situations has given little attention to the right to adequate housing. When reference to the right is made it is limited, with the right narrowed down to the need to provide shelter, housing or to aspects related to protection. The few attempts to discuss the right in a more comprehensive manner have remained at the level of an individual organization's guidance and not in the form of authoritative policies of broad application. Equally, United Nations human rights mechanisms have, with notable exceptions, not addressed the specificities of disaster situations and their impacts on the enjoyment of the right to adequate housing or other human rights, remaining at the level of generalities.
- Organe
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Humanitarian
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2011
Paragraphe
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.
- Organe
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2011
Paragraphe
The right to adequate housing in disaster relief efforts 2011, para. 64.2
- Paragraph text
- [The Special Rapporteur makes the following recommendations:] No harm should be caused by or to others in respecting and protecting the right to adequate housing, including tenure security: Health and safety regulations as well as disaster risk reduction measures, which may call for land use or housing restrictions, must be subject to human rights standards: their impacts on the human rights of individuals and communities must be assessed, and due process rights, and the rights to information and participation, must be upheld in all circumstances.
- Organe
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Type de document
- Special Procedures' report
- Thèmes
- Environment
- Equality & Inclusion
- Humanitarian
- Personnes concernées
- All
- Année
- 2011
Paragraphe
Migration and the right to adequate housing 2010, para. 27
- Paragraph text
- Non-discrimination and equality also imply that States have the obligation to recognize and care for the differences and specific needs of groups that suffer particular housing challenges or that have been historically discriminated against in terms of access to housing and essential services by the State or private actors. Therefore, the obligation to ensure non-discrimination requires positive measures of protection to be applied to particular groups, even in times of emergency or financial constraint (see E/C.12/GC/20, paras. 9, 12 and 13).
- Organe
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Humanitarian
- Personnes concernées
- All
- N.A.
- Année
- 2010
Paragraphe
The right to adequate housing in disaster relief efforts 2011, para. 54
- Paragraph text
- The situation in Haiti also serves as an example of the challenges facing the basic rationale for reconstruction and property restitution: in contexts characterized by massive poverty and grossly inadequate living and housing conditions, the question remains as to whether the final goal of reconstruction should be to provide high-quality houses for those who lost their dwellings in the disaster. The Special Rapporteur believes that interventions must instead aim to progressively realize the right to adequate housing for all. In Haiti, reconstruction and recovery have less to do with the construction of new houses for individuals directly affected by the disaster than with the improvement of the overall living and housing conditions in the unplanned and unserviced settlements affected by the disaster. The approach should thus focus on settlements and communities, not individual constructions, and the aim to create places where people can have an adequate standard of living.
- Organe
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Humanitarian
- Poverty
- Personnes concernées
- All
- Année
- 2011
Paragraphe
The impact of housing finance policies on the right to adequate housing of those living in poverty 2012, para. 16
- Paragraph text
- Housing finance policies directly affect the affordability component of the right to adequate housing (article 11, paragraph 1, of the International Covenant on Economic, Social and Cultural Rights). States should establish laws, policies and programmes to ensure that the percentage of housing-related costs is commensurate with income levels and that the attainment and satisfaction of other basic needs is not threatened or compromised. States are also required constantly to monitor the impact of their housing policies on the realization of the right to adequate housing and to control unreasonable increases in housing costs.
- Organe
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Equality & Inclusion
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2012
Paragraphe
Analysis of two alternative housing policies: rental and collective housing 2013, para. 65
- Paragraph text
- Both cooperatives and community land trusts also promote affordable housing for the poor by taking on responsibility for the maintenance and rehabilitation of communal housing space, which is a heavy cost for the poor. By locking land and housing values, community land trusts and cooperatives also contribute to the overall stability of land market and housing affordability. Finally, the leverage of the community greatly enhances the ability of low-income household members to access housing that is well located in urban areas and to ensure security of tenure in these locations.
- Organe
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2013
Paragraphe
Analysis of two alternative housing policies: rental and collective housing 2013, para. 20
- Paragraph text
- Housing finance policies based on credit for homeownership are inherently discriminatory against lower-income households and, at their best, promote affordable access for upper- and middle-income groups. Housing finance policies often "redline" the poor, who are required to pay much higher prices for financial services, exposing them to financial risks and indebtedness. At the same time, housing finance policies tend to focus solely on access to a roof while failing to effectively and comprehensively address the various elements of the right to adequate housing: location, access to infrastructure and services, habitability, cultural adequacy and security of tenure. At the macro level, the disproportionate use of such policies has contributed to price volatility and to the ongoing housing affordability and availability crises.
- Organe
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Equality & Inclusion
- Poverty
- Personnes concernées
- All
- Année
- 2013
Paragraphe
Analysis of two alternative housing policies: rental and collective housing 2013, para. 38
- Paragraph text
- Although States do not have the obligation to directly provide adequate housing to all, they have the obligation to protect against abuses of human rights by third parties and to adopt the necessary measures to enable and assist individuals in enjoying their human rights. When housing provision is transferred to third parties (the private rental market), the State should regulate the market in order to protect against human rights abuses (such as forced evictions or economic eviction and rental price "bubbles") and to create an enabling environment for the realization of the right to adequate housing, with particular focus on the poorest and most marginalized. As indicated by the Committee on Economic, Social and Cultural Rights in paras. 8 (c) and 17 of its General Comment No. 4, tenants should be protected by appropriate means against unreasonable rent levels or rent increases.
- Organe
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2013
Paragraphe
Reflection on work undertaken in first 14 years of the mandate; outline of opportunities and priorities 2014, para. 15
- Paragraph text
- The global extent of the phenomenon of homelessness is neither well known nor well documented. Global figures are scarce, and country-specific data are often incomplete and usually not comparable with those of other countries owing to differences in definitions and methodologies. The Special Rapporteur is concerned that at the domestic level, this statistical invisibility of a population can mean its neglect in the design of public policy and an absence of adequate responses. At the global level, it may conceal an acute global human rights crisis being faced by millions.
- Organe
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Humanitarian
- Personnes concernées
- All
- N.A.
- Année
- 2014
Paragraphe
Mapping and framing security of tenure 2013, para. 10
- Paragraph text
- The United Nations Settlements Programme (UN-Habitat) provides data on "slums", the word it has adopted to define such settlements. One UN-Habitat study estimated that 924 million people were living in slums in 2001; an estimate for 2010 placed the number at about 828 million. However, by 2010 tenure security was not taken into account in the UN-Habitat measurements of slums, hence the latter figure offers only a very small insight into the current extent of tenure insecurity in urban areas. Similarly, the revised indicator for the Millennium Development Goal target of improving the lives of 100 million slum dwellers (7 (d)) does not include security of tenure. While this particular target was reached, the question remains as to whether this result reflects the real situation of slums and informal settlements worldwide. Developing effective ways to measure tenure (in)security is an urgent imperative, including for the Millennium Development Goals and the United Nations development agenda beyond 2015.
- Organe
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Type de document
- Special Procedures' report
- Personnes concernées
- All
- Année
- 2013
Paragraphe
Reflection on work undertaken in first 14 years of the mandate; outline of opportunities and priorities 2014, para. 16
- Paragraph text
- The evidence that is available suggests that widespread homelessness and inadequate housing persist and may in fact be on the rise. The United Nations Human Settlements Programme (UN-Habitat) has documented that the number of people living in slums has steadily increased over the past few decades, from approximately 650 million in 1990 to 863 million in 2012. According to this information, slums are characterized by severe overcrowding, a lack of basic services, including water and sanitation, and housing units that fail to protect against inclement weather and otherwise preventable diseases. The proportion of people living in such conditions is considerably higher in such regions as sub Saharan Africa (62 per cent) and South Asia (35 per cent), compared with Latin America and the Caribbean (24 per cent) and North Africa (13 per cent).
- Organe
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Type de document
- Special Procedures' report
- Thèmes
- Social & Cultural Rights
- Water & Sanitation
- Personnes concernées
- All
- Année
- 2014
Paragraphe
Reflection on work undertaken in first 14 years of the mandate; outline of opportunities and priorities 2014, para. 32
- Paragraph text
- One of the most significant advances in both domestic and international law in recent years has been the recognition that all aspects of the right to adequate housing and other economic and social rights are justiciable. Debates about the justiciability of economic, social and cultural rights, in particular the obligation of progressive realization, are now, thankfully, behind us. Domestic courts and regional bodies have demonstrated that all components of economic and social rights can be competently adjudicated. Accordingly, a comprehensive approach to access to justice was affirmed in the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, adopted by the General Assembly on the sixtieth anniversary of the Universal Declaration of Human Rights. The communications procedure covers all aspects of the rights set out in the Covenant, including the obligations linked to progressive realization under its article 2.1.
- Organe
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2014
Paragraphe
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.
- Organe
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2014
Paragraphe
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.
- Organe
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2014
Paragraphe
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.
- Organe
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2014
Paragraphe
Guiding Principles on security of tenure for the urban poor 2014, para. (N/A)
- Paragraph text
- Security of tenure is understood as a set of relationships with respect to housing and land, established through statutory or customary law or informal or hybrid arrangements, that enables one to live in one's home in security, peace and dignity. It is an integral part of the right to adequate housing and a necessary ingredient for the enjoyment of many other civil, cultural, economic, political and social rights. All persons should possess a degree of security of tenure that guarantees legal protection against forced eviction, harassment and other threats.
- Organe
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2014
Paragraphe
Guiding Principles on security of tenure for the urban poor 2014, para. 66
- Paragraph text
- Tenure security of the urban poor is affected by the activities of a diverse range of business actors, including property developers, construction companies, speculators, real-estate agencies, landlords, mega-event organizers and banks. While States must protect all individuals against violations of human rights, business enterprises also have human rights responsibilities. The responsibility to respect the right to adequate housing requires that business enterprises avoid causing or contributing to infringements of the right, and address adverse impacts when they occur. It requires that business enterprises seek to prevent adverse impacts on, inter alia, security of tenure that are directly linked to their operations, products or services by their business relationships, even if they have not contributed to those impacts.
- Organe
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Equality & Inclusion
- Poverty
- Personnes concernées
- All
- Année
- 2014
Paragraphe
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. 12
- Paragraph text
- The right to adequate housing and other related rights must sit at the centre of an agenda for cities. Housing is a cornerstone right, indivisible from all other rights and fundamental to an approach that begins with the dignity, equality and security of the human person. Narrow interpretations that focus on housing as a commodity or housing that provides a roof over one's head have been rejected under international human rights law. Rather, the right to housing has long been understood as the right to live somewhere in peace, security and dignity. The right to adequate housing and to non-discrimination are themselves transformational, creating not only goals for which to strive but also a framework of action and accountability through which the goals can be realized.
- Organe
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2015
Paragraphe
Guiding Principles on security of tenure for the urban poor 2014, para. 52
- Paragraph text
- Access to basic services and facilities. People without an officially recognized tenure status are often denied access to basic services and facilities. In some situations, public and private service providers, including of water, sanitation and electricity, require the presentation of title as a prerequisite for connection or delivery. In other situations, access to social facilities, such as school enrolment, is conditional on a registered address. States should take measures to ensure that access to basic services and facilities, whether publicly or privately provided, is not dependent on tenure status, official registration of residence, or the presentation of title.
- Organe
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Equality & Inclusion
- Social & Cultural Rights
- Water & Sanitation
- Personnes concernées
- All
- Année
- 2014
Paragraphe
Responsibilities of local and other subnational governments in relation to the right to adequate housing 2015, para. 19
- Paragraph text
- Decentralization has been strongly promoted in the area of housing. The Habitat Agenda, adopted at the second United Nations Conference on Human Settlements (Habitat II) in Istanbul in 1996, affirmed that "Governments should strive to decentralize shelter policies and their administration to subnational and local levels within the national framework, whenever possible and as appropriate". Proponents of decentralization in housing related programmes have argued that it enables local participation in housing management and decision-making, avoids excessive bureaucracy, allows sensitivity to local needs, draws on local capacities, increases transparency and local control and allows for more creative and innovative programming.
- Organe
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2015
Paragraphe
Responsibilities of local and other subnational governments in relation to the right to adequate housing 2015, para. 40
- Paragraph text
- While enhanced international accountability of local and other subnational governments is important, international mechanisms can only be supplementary to effective domestic procedures and remedies. The Committee on Economic, Social and Cultural Rights has emphasized the importance of ensuring effective domestic remedies for Covenant rights. It has recognized that, while the method by which rights are given effect in national law is a matter for each State party to decide, "the means used should be appropriate in the sense of producing results which are consistent with the full discharge of its obligations by the State party".
- Organe
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2015
Paragraphe
Responsibilities of local and other subnational governments in relation to the right to adequate housing 2015, para. 76e
- Paragraph text
- [In line with the above-mentioned conclusions, the Special Rapporteur wishes to offer the following recommendations:] Any processes of decentralization in relation to housing should be guided and informed by human rights, in particular the right to adequate housing. Transfers of responsibility for housing or other programmes from one level of government to another should be accompanied by a clarification of concomitant human rights obligations including requirements of monitoring and accountability.
- Organe
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- All
- N.A.
- Année
- 2015
Paragraphe