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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
Responsibilities of local and other subnational governments in relation to the right to adequate housing 2015, para. 59
- Paragraph text
- Over the last 15 years, the "human rights city" has emerged as an important initiative involving mayors, city officials, civic and human rights non-governmental organizations and experts and community-based organizations in cities across the world. The Gwangju Declaration on Human Rights City, adopted in 2011, defined a human rights city as "both a local community and a socio-political process in a local context where human rights play a key role as fundamental values and guiding principles". Accordingly, local government, parliament, civil society, private sector organizations and other stakeholders work together to improve the quality of life for all inhabitants in a spirit of partnership based on human rights standards and norms. The Declaration emphasizes that a legal basis - city ordinances and legal instruments such as human rights charters and legal organizations - should be established. Human rights cities also acknowledge that implementation is more important than policymaking and that effective accountability mechanisms need to be developed to make city government accountable to its commitments.
- 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
- 2015
- Date added
- Aug 19, 2019
Paragraph
Responsibilities of local and other subnational governments in relation to the right to adequate housing 2015, para. 29
- Paragraph text
- In that regard, States have developed internal procedures for engaging subnational governments in periodic reporting on housing rights and related issues. In some cases, local governments have made direct written submissions to treaty bodies. National human rights institutions have also played an increasingly important role in periodic reviews, acting as catalysts for improved engagement of subnational governments with review processes. Where subnational representatives have participated directly in periodic reviews, they have been welcomed. Overall, however, subnational governments may experience the treaty review process only indirectly and remotely. While they may be asked by national Governments to provide information for reports, they often receive little direct feedback on positive measures they have adopted and may not hear about concerns and recommendations relevant to their areas of responsibility once the review is completed. As a participant in the expert consultation noted: "The more local the government, the further it is from Geneva".
- 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
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Responsibilities of local and other subnational governments in relation to the right to adequate housing 2015, para. 21a
- Paragraph text
- [The Special Rapporteur has identified a number of common challenges experienced at the local level with respect to the implementation of the right to adequate housing:] Inadequate resources: The scarcity of financial resources, or the limited ability to tap into other funding sources besides national budget allocations, is a primary concern for local authorities with respect to the implementation of the right to adequate housing. While the responsibility for housing has been put in the hands of local or other subnational governments, resources to meet their housing rights obligations have not similarly flowed. Moreover, funding from national governments for local programmes is often not responsive to changing needs or crisis situations at the local level. Lack of resources can lead subnational governments to make decisions that negatively affect the realization of the right to adequate housing. For example, at the municipal level it is not uncommon for available land or property to be used as an asset for real estate development rather than for the provision of 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
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2015
- 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
Financialization of housing and the right to adequate housing 2017, para. 74
- Paragraph text
- A range of initiatives has also been introduced in a number of States and cities to provide access to credit for low-income households based on alternative, community controlled models of microfinancing. Growing either from non-governmental organizations or microenterprise lenders, microfinance allows low-income households to finance construction over time, often in unplanned areas.
- 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
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 68
- Paragraph text
- Nonetheless, a number of subnational and national governments have started to address the effects of excess capital flows and financialization on affordability and access to housing for low-income households. Initiatives have been advanced at both national and subnational levels providing a number of tools that can at least curb the excesses of financialization and mitigate its effects.
- 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
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 63
- Paragraph text
- A leading framework for the human rights responsibilities of business enterprises is the Guiding Principles on Business and Human Rights: Implementing the United Nations "Protect, Respect and Remedy" Framework. It is grounded in three pillars: (a) the obligation of States to protect against human rights abuses committed by companies; (b) the responsibility of business enterprises to respect human rights, and thus avoid causing or contributing to adverse human rights impacts; and (c) the obligation of States to provide victims with access to effective remedies when rights are breached. A similar framework is applied in the ten principles of the United Nations Global Compact, the first two of which commit businesses to support and respect the protection of internationally proclaimed human rights and to refrain from complicity in human rights abuses. The Principles for Responsible Investment, launched in 2006 by the United Nations Environment Programme Finance Initiative and the Global Compact, provide a voluntary framework for the incorporation of environmental, social and governance issues into decision-making and ownership practices. Over 1,200 investment institutions have become signatories, with approximately US$ 45 trillion assets under 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)
- Economic Rights
- Environment
- 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. 51
- Paragraph text
- Financialization is made possible through the legal enforcement of agreements between lenders and borrowers. It relies on legal systems governing property rights, zoning laws and contracts and also on an increasingly complex system of international and regional treaties governing the terms and conditions of investments and government actions that may have an impact on profitability.
- 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
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 38
- Paragraph text
- Patterns of inequality are often starkest in developing countries. In Africa, if current trends continue, the number of households living in informal settlements will continue to increase while the number of ultra-high-net-worth individuals is predicted to rise by almost 50 per cent in the next decade.
- 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
- Poverty
- Person(s) affected
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 36
- Paragraph text
- In contemporary Chile, the appropriation of land by large scale investors and speculators, accumulating land and luxury properties, has meant that inner-city redevelopment has displaced many traditional residents, exemplifying "the intertwined roles of the state and assorted holders of economic capital in the production, distribution and representation of urban exclusion and segregation".
- 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
- N.A.
- Year
- 2017
- 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
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. 70
- Paragraph text
- The Special Rapporteur believes that it is also important to consider various redistributive and cost-recovery mechanisms in cities from a human rights standpoint. Expenditure on public space, infrastructure, recreational facilities and cultural and artistic activities too often benefits more advantaged households to the detriment of the needs of the vast majorities. Pricing of rental housing, water, sanitation and electricity should ensure affordability for low-income households rather than direct cost recovery. Private providers of housing and infrastructure must be regulated in a manner that accords with the fact that, while housing and infrastructure are often treated as commodities, they are fundamental human rights, requiring significant adjustments to prevailing business models. Adjusted pricing of services for low-income households, for example, has been proven to be an efficient business model which at the same time facilitates access to housing, water, sanitation and electricity that might otherwise be denied. Human rights-based tax audits have also been effective in ensuring that revenue collection at the city level is aligned with obligations to apply the maximum of available resources to realize the right to 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
- Equality & Inclusion
- Water & Sanitation
- Person(s) affected
- 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. 26
- Paragraph text
- Just as cities can become the nests for new and innovative advances in architecture, culture, education and economic growth, they can also become generators of new, vibrant and inclusive exchanges of ideas and information about realizing rights. While the pluralism and diversity found in many cities can be a source of significant conflict and lead to exclusion and violations of human rights, they can also nourish a human rights-friendly culture. Recent years have witnessed the emergence of new and dynamic human rights movements in cities. It is essential to engage with social movements and urban communities, as they can drive and nurture commitments to the right to adequate housing. As a result of some of these struggles, cities have adopted charters, ordinances and other legal mechanisms which affirm social inclusion and the right to adequate housing. Habitat III is an opportunity to harness these rights-oriented urban social movements and create stronger collaborations between them, with the shared goal of 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
- Social & Cultural Rights
- Person(s) affected
- 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. 15
- Paragraph text
- In discussions with government authorities, civil society and other actors, the Special Rapporteur has identified the relationship between subnational governments and international human rights norms, procedures and commitments as one factor that has contributed to the failure to realize the right to adequate housing as affirmed at Habitat II. Over the last 20 years, subnational or local governments have been accorded greater responsibility for the implementation of the housing-related provisions of the Habitat Agenda. However, international human rights mechanisms and procedures have engaged primarily with national Governments rather than directly addressing the circumstances of local governments. So, while local governments hold key responsibilities for housing and related programmes and are equally bound by their States' international obligations, they are rarely participants in the international processes through which obligations are clarified and they often lack clarity about their roles. Moreover, the institutional frameworks for monitoring, implementation and accountability with respect to human rights have rarely been put in place at the city level.
- 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
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 47
- Paragraph text
- Inclusive urban renewal can be facilitated by participatory land readjustment processes. Communities jointly plan and redevelop their pooled land plots to improve infrastructure and services, and in some cases densify the area. Fragmented land plots are assembled and then re-parcelled to achieve a better use of urban space.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 34
- Paragraph text
- Professional technicians, including surveyors, planners and notaries, and the use of technology, such as satellite imagery and global positioning systems, should serve to facilitate community mapping and tenure-recording processes, and not pose an obstacle to the establishment of accessible and affordable land administration systems.
- 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
- Person(s) affected
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 22
- Paragraph text
- States should adopt measures to promote collective forms of tenure, including supportive legislative and institutional frameworks and suitable financing instruments. States should consider supporting collective tenure strategies for low-income housing through the allocation of public funds and well-located urban land, property tax exemptions and other tax benefits.
- 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
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 21
- Paragraph text
- Hybrid tenure models combine cooperatives and CLTs. Multi-residential buildings are owned and managed by a housing cooperative and the underlying land is owned by the CLT, providing another layer of protection for affordability. The Cooper Square CLT, for example, in New York City holds the land to over 300 low-income housing units in multi-family buildings owned and managed by a mutual housing association.
- 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
- 2014
- Date added
- Aug 19, 2019
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 10
- Paragraph text
- In many places, rapid urbanization has led to the development of large peri-urban areas, blurring divisions between urban and rural systems. The following types of tenure forms, among others, whether deriving from customary, religious, statutory or hybrid tenure systems, should be promoted, strengthened and protected, as appropriate in the given urban and peri-urban context.
- 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
- N.A.
- 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. 79
- Paragraph text
- The Special Rapporteur wishes to organize an expert consultation as well as an open public consultation to obtain views and contributions from all relevant stakeholders about these issues. Given their relevance, she wishes to engage particularly with the judiciary and international associations of lawyers and judges.
- 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
- N.A.
- 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. 77
- Paragraph text
- The Special Rapporteur is interested in building on these significant opportunities at the domestic and international levels. She will identify areas in which support and guidance are needed by Governments, courts, advocates, rights claimants and human rights institutions, with a view to supporting ongoing work at the national and international levels in this regard.
- 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
- N.A.
- 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. 76
- Paragraph text
- Within the international human rights system, with the recent advent of the optional protocols to several treaties, access to justice with respect to housing rights violations is now also a matter of international adjudication. The scope and content of standards of compliance - reasonableness, progressive realization and maximum available resources - will now be gradually clarified.
- 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
- N.A.
- 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. 73
- Paragraph text
- As an adjunct to this work, the Special Rapporteur will also consider housing strategies in the context of post-disaster and post-conflict reconstruction. These issues have been at the heart of the work of the housing mandate holder in the past, and the Rapporteur is committed to continuing her engagement with key humanitarian actors whenever possible.
- 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)
- Humanitarian
- Person(s) affected
- N.A.
- 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. 60
- Paragraph text
- Addressing the housing conditions of persons in vulnerable situations and those in situations of exclusion and marginalization will be a priority of the mandate. The Special Rapporteur will continue to focus on non-discrimination and equality in the context of housing and ensure that all of her work is informed by the key principles of equality and non-discrimination.
- 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
- N.A.
- 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. 58
- Paragraph text
- The Special Rapporteur aims to assist States, civil society and other relevant stakeholders in ensuring the implementation of the right to adequate housing at the domestic level by focusing on several key thematic areas in the course of her mandate.
- 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
- N.A.
- 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. 48
- Paragraph text
- The fact that the rights to non-discrimination and equality in housing may require positive obligations to address and ameliorate existing patterns of disadvantage is often ignored. Much more can be done to ensure that the principles of non-discrimination and equality are fully incorporated into housing policies, programmes, legislation and budgetary allocations.
- 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
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Mapping and framing security of tenure 2013, para. 91
- Paragraph text
- At a more fundamental level, there remains a tension between the obligation under international human rights law to confer security of tenure in law and approaches of de facto or administrative recognition. A related question is whether a form of tenure can be secured if not recorded at all.
- 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
- 2013
- Date added
- Aug 19, 2019
Paragraph
Mapping and framing security of tenure 2013, para. 86
- Paragraph text
- Regulations on "inclusionary zoning", which provide that any new city development must include "mixed types of housing", including a minimum percentage for social housing, are another positive example. Several cities in Canada and the United States have adopted such measures, while they are also envisaged in planning legislations in Colombia, France and the United Kingdom of Great Britain and Northern Ireland.
- 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
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Mapping and framing security of tenure 2013, para. 81
- Paragraph text
- Conversely, such temporary permits could be a first step towards increased tenure security. For instance in Brazil, authorities can recognize, by way of leasehold rights to use and stay for an indefinite period, those individuals or communities who have settled on public land for at least five years-however these do not offer complete protection, as seen in the recent evictions of communities benefiting from such permits.
- 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
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph