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The right to life and the right to adequate housing: the indivisibility and interdependence between these rights 2016, para. 73
- Paragraph text
- States must address issues of inadequate housing and homelessness and name them as core human rights issues linked to the right to life - in domestic law and policy and in international initiatives, including the 2030 Agenda for Sustainable Development and the New Urban Agenda. States must also conduct a thorough examination of legislation, court practice and public policies to ensure that the right to life is not restricted to a negative rights framework. States must formally recognize that the right to life includes the right to a place to live in dignity and security, free of violence, and ensure access to justice for all victims of violations of the right to life, including those linked to homelessness and inadequate housing. Governments must ensure the effective integration of housing policy and social protection with human rights frameworks, mechanisms and institutions, so that housing policy is properly framed around the implementation of core human rights obligations, and access to effective remedies is incorporated in programme design and 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)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- 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. 20
- Paragraph text
- The experiences of decentralization in relation to human rights and the right to adequate housing, however, have been mixed. As Paul Lundberg noted, "the issue of human rights has not figured prominently in the ongoing discussion on decentralization". Reference to human rights obligations or the right to adequate housing is conspicuously absent, even from the International Guidelines on Decentralisation and Access to Basic Services for all and the European Charter of Local Self-Government. Decentralization and local governance initiatives from international or regional financial institutions such as the International Monetary Fund and the Inter-American Development Bank, United Nations agencies such as the United Nations Development Programme, as well as from associations of local governments, have focused on economic and political dimensions and participatory rights linked to decentralization. However, they have largely ignored the question of how States' human rights obligations in relation to the right to adequate housing are to be applied to local governments that have taken on key responsibilities for programmes and policies.
- 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
- All
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
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. 65
- Paragraph text
- Obligations of States to maintain the rule of law are too often considered primarily in relation to legal protections of existing title to property or contractual economic relationships. Under the rule of law, however, fundamental human rights must be guaranteed, including the right to adequate housing. An urban rights agenda will require a more inclusive approach to the rule of law in cities than has been applied in the past, focused on the need to effectively address the circumstances of those who have had no access to legal title to land, housing or property. The right to housing must be fully incorporated within urban law as a right not only to physical and environmental aspects of housing but also to the equal protection of the law, with full protection of security of tenure, health and safety and entitlement to basic services, livelihood and cultural life. Laws and policies must be subject to ongoing review so as to adjust to emerging patterns of exclusion or to address previously unrecognized circumstances.
- 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
- All
- Year
- 2015
- Date added
- Aug 19, 2019
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. 14
- Paragraph text
- Housing is a major component of any city. However, it seems to have largely fallen off the public policy agenda. At the international level, for example, the right to adequate housing has not been a focus of development goals. Also, the lending priorities within the World Bank have shifted dramatically away from low-income housing, even as the problems of inadequate housing and homelessness have become more widespread and severe. In the mid-1970s to the mid-1980s more than 90 per cent of total shelter lending was allocated to low-income housing, compared to about 10 per cent since the mid-1990s. Moreover, a much smaller share has gone to low-income countries (20 per cent, down from about 40 per cent from the mid 1970s to the mid-1980s). In short, there is little evidence of the commitment to the realization of the right to adequate housing that was articulated in the Habitat Agenda. What went wrong and how can we ensure that a similar commitment made in 2016 is more successfully implemented?
- 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
- Person(s) affected
- All
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Reflection on work undertaken in first 14 years of the mandate; outline of opportunities and priorities 2014, para. 34
- Paragraph text
- The Special Rapporteur will also consider ways in which the mandate can support access to justice in relation to all aspects of the right to adequate housing. She recognizes that ensuring access to justice, particularly with respect to claims involving the obligation of States to take positive measures towards the realization of the right to adequate housing, presents new challenges. Courts and human rights bodies need to be provided with reliable evidence concerning resource constraints and competing needs. More participatory approaches to the adjudication of rights need to ensure that all stakeholders, including marginalized groups, are able to have their voices heard. Governments need to put accountability mechanisms in place, and to work in partnership with claimants and other stakeholders to improve policies and ensure effective remedies. Researchers and international monitoring groups need to further develop methodologies for providing statistics and reliable indicators of compliance with all aspects of the right 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
- All
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Post conflict and post disaster reconstruction and the right to adequate housing 2011, para. 24
- Paragraph text
- According to the Independent Evaluation Group (IEG): "Post-disaster operations need to deal early and forcefully with land ownership issues. Where possible land titles should be regularized or a functional proxy for land title should be provided [...] Where such measures are not possible, alternative means need to be found to ensure that land is not seized outright or that fraudulent claims are not honoured. The local government must help prevent profiteering on land that is urgently needed for the reconstruction process." This assessment of urgency and need for forceful action is absolutely correct. However the emphasis on title regularization, with other forms of tenure covered by "functional proxy", is problematic. Care should be taken that this does not result in programmes of rushed or enforced commodification of land and housing; or a process of favouring formal title resulting in the weakening or pushing aside of legitimate alternative forms of tenure security, as has happened in the case of Cambodia, discussed later. Many other equally legitimate forms of tenure require recognition, protection and support in their own right.
- 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
- Person(s) affected
- All
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to adequate housing in disaster relief efforts 2011, para. 34
- Paragraph text
- Against this backdrop it is important to differentiate between two tasks. In the long term, there might be a need to formally record and strengthen ownership or tenure through legal reforms and other mechanisms such as land titling, thereby definitively resolving the ambiguous and uncertain situation in which many find themselves. In the short term, however, these means may not be the most appropriate to address reconstruction and recovery needs and to do so without reinforcing inequalities. Experience also suggests the enormous challenge of attempting to deal with the full spectrum of ownership/tenure and land reform issues right after disaster or conflict. The Government of Pakistan noted that an appreciation of the social, political, technical and legal complexities of land tenure issues and the fact that those were not confined to the disaster-affected areas was essential. In the short term, it remains nonetheless essential and opportune to assess pre-disaster tenure rights, through swift methods, in order to move effectively towards reconstruction and recovery in a way that ensures a minimum of tenure security to everyone and addresses some of the worse forms of inequality and insecurity.
- 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
- All
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to adequate housing of persons with disabilities 2017, para. 45a
- Original document
- 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;
- 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
- All
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 11
- Paragraph text
- The right to adequate housing is, at its core, the right to a place to live in dignity and security. It is interdependent with other human rights, particularly the right to equality and non-discrimination and the right to life (see A/71/310). It is against those core human rights values that the actions of States in relation to financial actors and housing systems are to be assessed.
- 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
- All
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Homelessness as a global human rights crisis that demands an urgent global response 2016, para. 57
- Paragraph text
- Important advances have been made in domestic jurisdictions recognizing that homelessness violates a range of human rights. The Grundgesetz (Basic Law) of Germany has been interpreted to ensure that adequate and humane housing is a component of a minimum standard of living in line with human dignity.
- 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
- All
- 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. 63
- Paragraph text
- Despite the fact that the Constitution of India separates the right to life as a justiciable right from the right to housing as a policy directive, the Supreme Court of India recognized the impossibility of separating the two rights as early as 1981, stating: The right to life includes the right to live with human dignity and all that goes along with it, namely, the bare necessaries of life such as adequate nutrition, clothing and shelter and facilities for reading, writing and expressing oneself in diverse forms, freely moving about and mixing and commingling with fellow human beings. This case was followed by a number of crucial decisions, including in the Olga Tellis case, in which it was explicitly recognized that the right to livelihood forms an integral part of the right to life; the Shantistar Builders Society case, in which it was held that the right to life "would take within its sweep … a reasonable accommodation to live in"; and Chameli Singh v. State of U.P., in which the state's obligations under the Universal Declaration of Human Rights and the International Covenant on Economic, Social and Political Rights were considered and it was noted that "[the] right to shelter when used as an essential requisite to the right to live should be deemed to have been guaranteed as a fundamental right".
- 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
- All
- 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. 33
- Paragraph text
- The Committee's recognition in its general comment No. 6 and in periodic reviews that the right to life requires positive measures to address homelessness and poverty stands in marked contrast with the absence of consideration of these obligations in the Committee's consideration of alleged violations under the Optional Protocol.
- 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
- Poverty
- Person(s) affected
- All
- N.A.
- 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. 72
- Paragraph text
- The true reunification of the right to life and the right to adequate housing, however, can only be accomplished by a global response, led by States, including their legislatures and courts, by human rights institutions and by civil society.
- 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
- 2016
- Date added
- Aug 19, 2019
Paragraph
Responsibilities of local and other subnational governments in relation to the right to adequate housing 2015, para. 10
- Paragraph text
- The internal allocation of responsibilities for implementing the right to adequate housing is a matter for State parties to determine, but the allocation must be consistent with the obligation to ensure compliance with international human rights obligations. The Committee on Economic, Social and Cultural Rights has indicated that "all administrative authorities will take account of the requirements of the Covenant in their decision-making". Hence, the wide range of housing policy and programme decisions often made at the local level, including budgeting, planning, zoning, allocation of benefits and publically funded housing units, the provision or regulation of basic services, rent subsidies, and any other decisions related to access to adequate housing, must comply with relevant, applicable human rights norms. In most cases a national housing strategy is required among regional and local authorities in order to reconcile related policies with the obligations under the Covenant. The Committee on the Rights of the Child further clarifies that State parties must also ensure that local authorities "have the necessary financial, human and other resources to effectively discharge [their] responsibilities".
- 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
- All
- Children
- Year
- 2015
- Date added
- Aug 19, 2019
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. 17
- Paragraph text
- These historic developments have fundamentally changed the approach to realizing the right to adequate housing from an aspirational model focused exclusively on commitments by national-level Governments to a more dynamic understanding of the role rights claimants and social movements must play in combination with all levels of governments and non-governmental actors in the realization of the right to adequate housing. This is reflected in the fact that a growing number of countries have given constitutional recognition to the right to adequate housing, domestic courts have increasingly adjudicated claims to the right to adequate housing, and the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (General Assembly resolution 63/117, annex) has entered in force, creating an individual complaints procedure. This shift in approach to the right to adequate housing, however, has not yet fully taken root at the local level, where key actors are less aware of international and constitutional norms and where access to justice is often lacking.
- 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
- All
- Year
- 2015
- Date added
- Aug 19, 2019
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. 16
- Paragraph text
- A second factor is the evolving understanding of the meaning of the right to housing. Twenty years ago, the idea of the right to housing as a "lever of transformational change" was far less sophisticated than today. Up until the 1990s, both internationally and nationally, the fulfilment of the right to adequate housing was generally conceived of as an aspirational goal of Governments. By the end of the millennium, however, the "second generation" status of economic, social and cultural rights had eroded, and the right to housing was understood as having the capacity to empower rights holders to become active participants in decision-making, challenge stigmatization and exclusion and provide access to justice and effective remedies. It was also understood that States can be held accountable for measures taken to progressively realize the right to housing, including through the adoption of housing strategies and appropriate budgetary allocations. Such measures must be assessed for compliance with human rights and engage with international, national, subnational and local initiatives and strategies.
- 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
- All
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 79
- Paragraph text
- All data on progress and outcomes should be made public, ensuring that the urban poor are able to access and understand the information. Progress reports should be presented to a range of national mechanisms, such as legislatures, national human rights institutions, and public forums, as well as to international mechanisms, including human rights treaty bodies and the Council through the universal periodic review.
- 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
- Poverty
- Person(s) affected
- All
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 33
- Paragraph text
- States, public and private utilities and service providers, businesses and other actors should recognize and respect the tenure rights recorded in settlement information systems, on an equal footing to established land cadastres and registries.
- 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
- Economic Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 2i
- Paragraph text
- [In order to improve security of tenure, especially for vulnerable and marginalized persons and groups living in urban poor settlements, States, including relevant authorities, should take the following measures:] Adopt or revise legislation to recognize and protect multiple tenure arrangements.
- 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
- Poverty
- Person(s) affected
- All
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Reflection on work undertaken in first 14 years of the mandate; outline of opportunities and priorities 2014, para. 81
- Paragraph text
- The Special Rapporteur will also conduct research into mechanisms that ensure that diverse actors can be held accountable for their role in the implementation of State obligations and that promote effective interaction between national and subnational governments in the realization of the right 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
- Person(s) affected
- All
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Reflection on work undertaken in first 14 years of the mandate; outline of opportunities and priorities 2014, para. 57
- Paragraph text
- The Special Rapporteur is committed to seeking out proper channels through which to engage constructively with the full range of actors that play significant roles in relation to the implementation of the right to adequate housing, and hopes to provide support for the enhancement of human rights accountability at all 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)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Reflection on work undertaken in first 14 years of the mandate; outline of opportunities and priorities 2014, para. 50
- Paragraph text
- Under international human rights law, it is the State that is held responsible for the compliance with international human rights to which it is bound. The focus of monitoring and constructive dialogue at the international level has been on national Governments.
- 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
- Person(s) affected
- All
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Reflection on work undertaken in first 14 years of the mandate; outline of opportunities and priorities 2014, para. 29
- Paragraph text
- Central to State obligations with respect to the right to adequate housing is the obligation to take positive measures to realize that right. According to article 2.1 of the International Covenant on Economic, Social and Cultural Rights, the State is obliged to take steps, through international assistance and cooperation, to the maximum of its available resources, with a view to achieving progressively the full realization of the right by all appropriate means, including particularly the adoption of legislative measures. Historically, however, the obligation of States to take steps or positive measures to realize the right to adequate housing has not received as much attention in the development of legal norms as other aspects of States' obligations. Legal norms have focused more often on State action that interferes with the right to adequate housing. As a result, at the international level there is more clarity about legal norms applied to forced evictions and comparatively less about the positive obligation to address homelessness or to allocate the resources necessary to ensure access to housing for marginalized groups. Similarly, domestic courts tend to deal with more cases and develop more jurisprudence on evictions and service disconnections than on failures to prioritize the development of services for informal settlements.
- 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
- Movement
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Mapping and framing security of tenure 2013, para. 53
- Paragraph text
- As noted above, the Committee on Economic, Social and Cultural Rights has stressed that all persons should possess a degree of security of tenure which guarantees legal protection against forced eviction, harassment and other threats. The Commission on Human Rights, in its resolution 1993/77 (para. 3), similarly urged Governments to confer legal security of tenure on all persons currently threatened with forced 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)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Mapping and framing security of tenure 2013, para. 48
- Paragraph text
- From this observation and the authoritative guidance of the Committee on Economic, Social and Cultural Rights and other United Nations human rights mechanisms, it appears that security of tenure must be "legal" or protected by law. Systematic reference can be found as to the provision of "adequate housing with legal security of tenure", and to the importance of adopting adequate laws and regulations in this respect.
- 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
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Mapping and framing security of tenure 2013, para. 46
- Paragraph text
- The most explicit and comprehensive discussion on security of tenure can be found in commentary and observations adopted by the Committee on Economic, Social and Cultural Rights. Other United Nations human rights mechanisms, like their regional and national counterparts, have focused overwhelmingly on preventing and providing redress for forced evictions, while giving only limited attention to other elements of security of tenure.
- 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
- 2013
- Date added
- Aug 19, 2019
Paragraph
Mapping and framing security of tenure 2013, para. 37
- Paragraph text
- The above sections highlight the existing tensions in development and housing policy between recognizing the complexity and diversity of tenure arrangements worldwide, and promoting one single form-formalized, registered freehold-as the ideal model for secure tenure and socioeconomic development.
- 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
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 66
- Paragraph text
- Collective forms of tenure clearly represent an effective form of self-help that may assist in the progressive realization of the right to adequate housing. In accordance with paragraphs 10 and 11 of General Comment No. 4 of the Committee on Economic, Social and Cultural Rights, States have an obligation to facilitate the activity of such mechanisms for housing production and allocation, particularly when evidence indicates that they can promote access to adequate housing for marginalized groups that would otherwise be excluded from the housing market. However, despite these clear advantages, to date collective tenure remains at a limited scale, mainly as a result of the lack of supportive legal, financial and institutional frameworks in most countries. Although community structures need a certain degree of autonomy in order to regulate the relationship between the members and the organization and preserve their decision-making autonomy, they also require supportive legal and institutional structures in order to enable their functioning. For example, the legal recognition of collective tenure is essential, as well as the possibility of taking on collective loans. In that context, it is crucial that the State provide urban land that is well located, in particular in densely populated urban settings, in order to support the ability of collective housing organizations to compete in the land market.
- 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
- Economic Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Analysis of two alternative housing policies: rental and collective housing 2013, para. 63
- Paragraph text
- The cases of community land trusts, cooperatives and community funds demonstrate the capacity of collective organizations to tailor housing solutions that adequately address security of tenure, affordability, location and availability of services and infrastructure in urban settings for 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)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Post conflict and post disaster reconstruction and the right to adequate housing 2011, para. 29
- Paragraph text
- Another significant post-conflict case is Cambodia, a country still recovering from the destructiveness of the Khmer Rouge era. Among other things, the Khmer Rouge systematically destroyed the prior land tenure system, forcibly evicted millions of people from their homes (including emptying the city of Phnom Penh), and destroyed land ownership records. Despite the passage of new land laws, weaknesses in the rule of law and lack of institutional capacity have allowed a culture of corruption and have facilitated land-grabbing, often by elites at the expense of the poor. A recent claim to the World Bank Inspection Panel, brought on behalf of people threatened with eviction from their homes near Boeung Kak Lake in Phnom Penh, illustrates some of these problems. The claimants challenged the design and implementation of the Land Management and Administration Project (LMAP), which was designed to support the Land Law of 2001. The project, funded primarily by the World Bank, "aimed at developing a land policy and regulatory framework, building capacity of the relevant Government agencies, developing a land registration system and a titling program, strengthening mechanisms for land disputes and developing State land management."
- 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
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph