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The right to adequate housing of persons with disabilities
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2017
- Document code
- A/72/128
- Date added
- Aug 19, 2019
Document
The right to life and the right to adequate housing: the indivisibility and interdependence between these rights
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2016
- Document code
- A/71/310
- Date added
- Aug 19, 2019
Document
Guiding Principles on security of tenure for the urban poor
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2014
- Document code
- A/HRC/25/54
- Date added
- Aug 19, 2019
Document
Reflection on work undertaken in first 14 years of the mandate; outline of opportunities and priorities
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2014
- Document code
- A/69/274
- Date added
- Aug 19, 2019
Document
The impact of housing finance policies on 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
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2012
- Document code
- A/67/286
- Date added
- Aug 19, 2019
Document
Mapping and framing security of tenure
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2013
- Document code
- A/HRC/22/46
- Date added
- Aug 19, 2019
Document
Homelessness as a global human rights crisis that demands an urgent global response
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2016
- Document code
- A/HRC/31/54
- Date added
- Aug 19, 2019
Document
Responsibilities of local and other subnational governments in relation to the right to adequate housing
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2015
- Document code
- A/HRC/28/62
- Date added
- Aug 19, 2019
Document
Women and their right to adequate housing
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2012
- Document code
- A/HRC/19/53
- Date added
- Aug 19, 2019
Document
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
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2015
- Document code
- A/70/270
- Date added
- Aug 19, 2019
Document
The right to adequate housing in disaster relief efforts
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2011
- Document code
- A/66/270
- Date added
- Aug 19, 2019
Document
Migration and the right to adequate housing
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2010
- Document code
- A/65/261
- Date added
- Aug 19, 2019
Document
Financialization of housing and the right to adequate housing
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2017
- Document code
- A/HRC/34/51
- Date added
- Aug 19, 2019
Document
Analysis of two alternative housing policies: rental and collective housing
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2013
- Document code
- A/68/289
- Date added
- Aug 19, 2019
Document
Post conflict and post disaster reconstruction and the right to adequate housing
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2011
- Document code
- A/HRC/16/42
- Date added
- Aug 19, 2019
Document
The right to life and the right to adequate housing: the indivisibility and interdependence between these rights 2016, para. 71
- Paragraph text
- Fifty years after the separation of international human rights into the two covenants, the United Nations is well situated to retrieve a unified and inclusive understanding of human rights and to affirm that the right to life includes the right to a place to live in dignity and security, free of violence. The Human Rights Committee has the opportunity to affirm this integrated understanding of the right to life in the ongoing preparation of its general comment No. 36. The Committee on Economic, Social and Cultural Rights has the opportunity under its Optional Protocol to highlight the connection between the rights to life and adequate housing in lived experience. Other treaty monitoring bodies have the opportunity to ensure that the understanding of the rights to life and adequate housing is informed by the experiences and unique claims of people with disabilities, women, children, migrants, racial minorities and indigenous peoples, among others.
- 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
- Person(s) affected
- Children
- Ethnic minorities
- Persons on the move
- Persons with disabilities
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Responsibilities of local and other subnational governments in relation to the right to adequate housing 2015, para. 49
- Paragraph text
- The Constitutional Court of Colombia has also made important advances in that area. In 2004, in a ground-breaking ruling on the economic, social and cultural rights of internally displaced persons, the court ruled that there was an "unconstitutional state of affairs" as a result of the internal conflict. The Court also held the deteriorating housing conditions of internally displaced persons to be prima facie contrary to the Constitution. The national Government was ordered to implement a number of measures, including a housing plan that ensured local institutions provided equal benefits for displaced persons. In a follow-up ruling in 2006, the Court ordered relevant municipalities to organize a working group to review the housing policies in each jurisdiction, and to develop plans and programmes with direct participation of displaced persons, and with representatives of the National Human Rights Institution. The Court remained seized of the case, receiving trimestral reports from the different levels of government.
- 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
- Persons on the move
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Migration and the right to adequate housing 2010, para. 24
- Paragraph text
- States have an immediate obligation to ensure non-discrimination in the enjoyment of economic, social and cultural rights, including the right to adequate housing, regardless of their level of development, in order to reduce existing inequalities (see E/1991/23, annex III, para. 1). The obligation of non-discrimination requires the equitable allocation of resources and services to ensure the realization of the right to adequate housing to all, and is not subject to progressive realization. It entails prioritizing the needs of marginalized and disadvantaged groups; eliminating laws, policies and practices that disproportionately affect the right to adequate housing of certain groups; incorporating equality and non-discrimination principles in all legislation and policies; and adopting special measures to counter embedded discrimination and inequalities against particular groups. States have no justification for not protecting vulnerable groups from housing-related discrimination, as the obligation to prohibit discrimination is binding on all States even in times of severe resource constraints (see E/1991/23, para. 12, and E/C.12/GC/20, para. 13).
- 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
- 2010
- Date added
- Aug 19, 2019
Paragraph
The right to life and the right to adequate housing: the indivisibility and interdependence between these rights 2016, para. 37
- Paragraph text
- The Committee's recognition in these cases that deportation into homelessness may constitute cruel and inhuman treatment or punishment, and that victims of homelessness in this context are entitled to a remedy, is significant. It is equally important, however, to ensure access to adjudication and remedy for those who experience the same deprivations of homelessness resulting from inaction or neglect within a State's own borders. In A.H.G and Jasin, the Committee considered the effects of widespread and systemic violations of the right to security and dignity. However, this consideration remained within the negative rights framework of prohibited "treatment" or "punishment". That framework is not conducive to hearing the substantive claim to a life of dignity, security and inclusion advanced by people with disabilities or women escaping violence, who do not see the fulfilment of their human rights merely as freedom from treatment or punishment but more fundamentally as a right to a place to live in dignity and security.
- 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
- Violence
- Person(s) affected
- Persons with disabilities
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Reflection on work undertaken in first 14 years of the mandate; outline of opportunities and priorities 2014, para. 70
- Paragraph text
- The causes of homelessness and inadequate housing are multifarious, interrelated and complex. They include not only forced evictions and conflict, but also many other structural issues, such as inadequate services and infrastructure; barriers to access to credit; land speculation and zoning; displacement and migration; environmental degradation; and rapid urbanization and the development of megacities. Tackling the causes of homelessness often requires a multifaceted approach that relies on comprehensive and coordinated strategies, and is implemented in a collaborative fashion with various levels of government and relevant stakeholders. What is needed, as a starting point, is the articulation of key principles through which multiple policies and programmes can achieve a unified purpose and a coherent approach. The Special Rapporteur believes that a human rights approach to adequate housing and homelessness has much to offer in this regard and, if implemented, can be transformational, resulting in real change rather than a temporary fix.
- 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
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
The right to adequate housing of persons with disabilities 2017, para. 48
- Original document
- Paragraph text
- The Special Rapporteur also emphasizes that reasonable accommodation in housing is often linked to systemic patterns of discrimination and imbalances in power “which result in a society being designed well for some and not for others”. The Supreme Court of Canada warned that reasonable accommodation claims should not be allowed to shield systemic discrimination from scrutiny or leave in place imbalances in power that have led to the neglect of the needs or perspectives of marginalized groups in the design of policies. It is important to ask, in each individual case, not only what is required by the individual person with a disability to ensure equality, but also why the housing system created the need for individual accommodation in the first place. Requests for modifications of buildings or housing policies are usually only made because those requirements were not adequately considered when buildings or policies were designed in the first place. Persons with disabilities must be empowered to challenge housing, planning and zoning, social protection and justice systems that fail to meet their needs and thus deny them access to adequate housing.
- 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
- Person(s) affected
- Persons with disabilities
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
The right to adequate housing of persons with disabilities 2017, para. 41
- Original document
- Paragraph text
- Article 9 should also be read in conjunction with the obligation to progressively realize the right to adequate housing under article 28. As Gerard Quinn observed, “many of these obligations will require resources and extensive systemic change — all subject to the overall obligation of progressive achievement contained in article 4.2 with respect to socioeconomic rights”. The obligations of States under article 9 can be seen as components of the requirement to immediately implement inclusive rights-based strategies for the realization of the right to housing. Both housing strategies and plans for the implementation of accessibility must establish definite time frames, allocate adequate resources, prescribe the duties of the public authorities, including regional and local authorities, and private actors and ensure participation and consultation with those affected. Ensuring that any new housing is developed in accordance with barrier-free design requirements is an immediate obligation of States. States must also adopt, as quickly as possible, legislation and plans to ensure that barriers in existing housing are removed over time.
- 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
- Person(s) affected
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
The right to adequate housing of persons with disabilities 2017, para. 15
- Paragraph text
- Institutionalization is a clear example of how violations of the right to housing occur when disability is misconstrued as a medical condition. Removing persons with disabilities from the general population and subjecting them to isolation and extreme social control is rationalized on the basis that they are being provided with “treatment” or “care”. Institutionalization often combines the worst living conditions with severe deprivation of liberty and cruel and inhuman treatment, including physical and sexual abuse. Conditions are invariably overcrowded, with limited or no access to sanitation and hygiene facilities, as has been documented in countries including Guatemala, Indonesia and Mexico. Residents in institutions and institution-like settings are often precluded from having outside social or family relations and deprived of choices about activities, social relationships, sexuality and identity. Persons with psychosocial or intellectual disabilities are at highest risk of being institutionalized forcefully and, outside formal institutions, are often subjected to extreme levels of institution-like control in privately operated rooming houses or “halfway” houses.
- 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
- Health
- Social & Cultural Rights
- Water & Sanitation
- Person(s) affected
- Persons with disabilities
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 77g
- Paragraph text
- [The Special Rapporteur suggests that the way forward requires a shift to take hold so that States ensure that all investment in housing recognizes its social function and States' human rights obligations in that regard. That requires a transformation of the relationship between the State and the financial sector, whereby human rights implementation becomes the overriding goal, not a subsidiary or neglected obligation. The Special Rapporteur believes that can be achieved with more constructive engagement and dialogue between States, human rights actors, international and domestic financial regulatory bodies, private equity firms and major investors. In order to create those new conversations and achieve that shift, the Special Rapporteur recommends the following:] International, regional and national human rights bodies should devote more attention to the issue of financialization and clarify for States, through constructive dialogue during periodic reviews and in consideration of individual cases, their obligations in relation to the financialization of housing.
- 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
- Person(s) affected
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 77b
- Paragraph text
- [The Special Rapporteur suggests that the way forward requires a shift to take hold so that States ensure that all investment in housing recognizes its social function and States' human rights obligations in that regard. That requires a transformation of the relationship between the State and the financial sector, whereby human rights implementation becomes the overriding goal, not a subsidiary or neglected obligation. The Special Rapporteur believes that can be achieved with more constructive engagement and dialogue between States, human rights actors, international and domestic financial regulatory bodies, private equity firms and major investors. In order to create those new conversations and achieve that shift, the Special Rapporteur recommends the following:] Strategies developed by States and local governments to achieve target 11.1 of the Sustainable Development Goals and the New Urban Agenda should include a full range of taxation, regulatory and planning measures in order to re-establish housing as a social good, promote an inclusive housing system and prevent speculation and excessive accumulation of wealth;
- 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
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 35
- Paragraph text
- The dominant impact of wealth and private investment has also created and perpetuated spatial segregation and inequality in cities. In South Africa, for example, the impact of private investment in the urban core of cities has sustained the discriminatory patterns of the apartheid area, with wealthier, predominantly white households occupying areas close to the centre and poorer black South Africans living on the peripheries of cities. That "spatial mismatch", relegating poor black households to homeownership in peri-urban areas where employment opportunities are scarce, rather than rentals in the urban core, for example, has entrenched their poverty and cemented inequality. Similar patterns of racial displacement from urban centres and segregation in evidence in large cities in the United States have led to more severe impacts of financialization and the mortgage crisis being experienced by African-American households. Financialization also creates gender segregation. In Australia, analysis has shown that average-income single female workers can afford to live in only one suburb of Melbourne and cannot afford to live anywhere in Sydney.
- 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
- Person(s) affected
- Women
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Homelessness as a global human rights crisis that demands an urgent global response 2016, para. 87
- Paragraph text
- Homelessness disproportionately affects particular groups, including women, young people, children, indigenous peoples, people with disabilities, migrants and refugees, the working poor, and lesbian, gay, bisexual and transgender people, each in different ways, but with common structural causes. These include: (a) the retreat by all levels of government from social protection and social housing and the privatization of services, infrastructure, housing and public space; (b) the abandonment of the social function of land and housing; (c) the failure to address growing inequalities in income, wealth and access to land and property; (d) the adoption of fiscal and development policies that support deregulation and real estate speculation and prevent the development of affordable housing options; and (e), in the face of urbanization, the marginalization and mistreatment of those who are most precariously housed in informal settlements, living in temporary overcrowded structures, without access to water, sanitation or other basic services and living under the constant threat of eviction.
- 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
- Water & Sanitation
- Person(s) affected
- Children
- Ethnic minorities
- LGBTQI+
- Women
- Youth
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right to life and the right to adequate housing: the indivisibility and interdependence between these rights 2016, para. 55
- Paragraph text
- The Committee on the Elimination of Discrimination against Women has had the opportunity to consider in its jurisprudence the obligation of States parties to address threats to women linked to lack of housing. In Ms. A.T. v. Hungary, the Committee considered the circumstances of a woman with two children who was viciously beaten by her husband and who feared for her life. She was unable to move to a shelter because there were no spaces available to accommodate her child, who had a disability. The domestic courts refused to grant A.T. possession of her home, in consideration of the property rights of her husband. The Committee held that women's human rights to life and to physical and mental integrity could not be superseded by other rights, including the right to property and the right to privacy. The Committee recommended that Hungary take positive measures to remedy the situation of A.T., to ensure better protection for women more generally and to ensure that A.T. was given a safe home in which to live with her children, as well as child support, legal assistance and reparation for the violations of her 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
- Person(s) affected
- Children
- Families
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right to life and the right to adequate housing: the indivisibility and interdependence between these rights 2016, para. 36
- Paragraph text
- Similarly, in Jasin v. Denmark (see CCPR/C/114/D/2360/2014) the Committee considered the effects of homelessness in the context of a single mother facing deportation to Italy. Osman Jasin had fled for her life from a violent husband in Somalia and was rescued by the Italian Coastguard while crossing the Mediterranean. In Italy, she tried without success to find housing, lived in the street with her one-year-old daughter, sleeping in railway stations and marketplaces. Ms. Jasin and her daughter left Italy to seek asylum in the Netherlands, but were returned to Italy, where she again lived in the street with her two-year-old daughter, sleeping in railway stations during a pregnancy. She was denied medical assistance during the birth of her second child because she had no address. When she was unable to pay to renew her Italian residency permit, she travelled to Denmark. The Committee found that returning her and her children to Italy would constitute cruel and inhuman treatment because they would likely become homeless again.
- 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
- Movement
- Person(s) affected
- Children
- Families
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The right to life and the right to adequate housing: the indivisibility and interdependence between these rights 2016, para. 32
- Paragraph text
- With the assignment of the right to life to the International Covenant on Civil and Political Rights, the Human Rights Committee was charged with interpreting its universal meaning and clarifying State obligations to respect, protect and fulfil the right to life. Recent human rights treaties include the right to life as it applies to particular groups, specifically children, migrants and persons with disabilities. No doubt the interpretation of these provisions by treaty bodies will advance the understanding of the right to life in a manner that is informed by the lived experience of these different groups. To date, however, only the Human Rights Committee has adopted a general comment on this right, and all of the substantive jurisprudence on the right to life at the international level adjudicating allegations of violations of the right to life has emerged from cases under the Optional Protocol to the International Covenant on Civil and Political Rights. In the light of this leading role, the Committee's jurisprudence requires considered attention.
- 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
- Children
- Persons on the move
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph