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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
Migration and the right to adequate housing 2010, para. 57
- Paragraph text
- The living conditions of migrants housed by their employers, described above, fully applies to undocumented migrants in similar conditions. Indeed, because of their legal status, undocumented migrants are more likely to find themselves in this kind of working arrangement. Moreover, they are on many occasions subject to exploitative working conditions. Lacking formal recognition in the country of destination, undocumented migrants are unaccounted for and can often become victims of trafficking and slavery-like conditions. Cases have been widely reported of migrants whose employers steal their passports or national identity cards and force them to work and live in sweatshops, where they are housed in small overcrowded rooms and barred from leaving the premises. For example, in Argentina, migrants from neighbouring countries and their children have been found locked up and sleeping in small storerooms in the clandestine cloth factories in which they worked. It is worth recalling the responsibility of States to protect migrants who become trafficking victims from these hideous practices, as well as to prosecute and sanction the perpetrators and provide redress to the victims.
- 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
- Movement
- Violence
- Person(s) affected
- Children
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 65
- Paragraph text
- In humanitarian settings, women and children are particularly vulnerable to tenure insecurity, homelessness and other human rights violations. States should prioritize safe emergency shelter to women and children until durable housing solutions are established. States should ensure that women are able to access humanitarian assistance and exercise their right to return, restitution and resettlement regardless of their family status or whether their name is recorded on tenure documentation.
- 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
- Humanitarian
- Movement
- Person(s) affected
- Children
- Women
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Homelessness as a global human rights crisis that demands an urgent global response 2016, para. 55
- Paragraph text
- The Inter-American Commission on Human Rights and the Inter-American Court of Human Rights have developed important jurisprudence recognizing the obligation of the State to protect the special relationship between indigenous peoples and land in addressing violations in which, for example, members of indigenous communities have been "violently forced from their homes and traditional lands into a situation of ongoing displacement". In addition, in considering the plight of street-connected children, the Court has explained that the right to life requires States to take positive measures to ensure access to the conditions needed to lead a dignified life, recognizing that the right to life belongs "at the same time to the domain of civil and political rights as well as economic, social and cultural 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
- Movement
- Social & Cultural Rights
- Person(s) affected
- Children
- Ethnic minorities
- Persons on the move
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Homelessness as a global human rights crisis that demands an urgent global response 2016, para. 34
- Paragraph text
- The causes of homelessness vary among particular groups. Street-connected children come from families with a wide range of experiences, including death, dislocation, disease, isolation, poverty, mental illness, domestic violence, child abuse and drug use. Women are forced into homelessness because of violence, unequal access to land and property, unequal wages and other forms of discrimination. Persons with disabilities are made homeless by lack of work, livelihoods and accessible housing. Young people are often denied access to housing and services in cities if they do not have appropriate government-issued documentation or identity cards. Conflict results in massive displacement and migration, as has been evidenced clearly by the waves of refugees from countries such as Afghanistan, Eritrea, Iraq, Somalia and the Syrian Arab Republic escaping from conflict, widespread violence 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)
- Equality & Inclusion
- Humanitarian
- Movement
- Poverty
- Person(s) affected
- Children
- Persons with disabilities
- 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. 40
- Paragraph text
- Yet the negative rights framework in which the Human Rights Committee has articulated the convergence between rights in the International Covenant on Civil and Political Rights and the right to adequate housing continues to restrict State accountability to situations where homelessness results from State action such as deportation or eviction. It allows States to ignore, with impunity, their obligations to address living conditions such as those in the Roma settlement in the Georgopoulos case, described as "an insult to our humanity". This means that a child rendered homeless by deportation or eviction is considered a victim of a violation of rights and entitled to an effective remedy, but a child born into the same circumstances of homelessness may not be. It is critical, therefore, that violations not be restricted to circumstances of direct "interference". Those whose right to life is denied by conditions of socioeconomic deprivation must also be entitled to effective remedies.
- 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
- Social & Cultural Rights
- Person(s) affected
- Children
- 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. 43
- Paragraph text
- Migrant workers have also made important advances in addressing discrimination in economic and social contexts, such as discrimination based on citizenship or immigration status, including "undocumented" status. Migrant domestic workers, migrant construction workers (for example, those working in extractive industries or large-scale infrastructure projects), children, older migrants and migrants in irregular situations are the most vulnerable, often lacking administrative or judicial remedies for their housing claims. Migrant workers and the members of their families frequently face housing conditions characterized by overcrowding, irregular or unregulated rental markets, high exposure to arbitrary changes in the cost of rent or essential services, and substandard living conditions, and can be subject to abuse, in particular when they are undocumented.
- 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
- Movement
- Person(s) affected
- Children
- Families
- Older persons
- Persons on the move
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Mapping and framing security of tenure 2013, para. 11
- Paragraph text
- Informal settlements are by no means the only example of tenure insecurity. In fact, a wide range of individuals and groups may be insecure: refugees and internally displaced persons, affected by or under threat of conflicts, disasters and climate change; people on land set aside or affected by development projects; residents of informal settlements; occupants of valuable land; tenants with or without legal leases/titles, in informal settlements or formal contexts, in rural and urban areas; internal or international migrants; minorities; nomadic communities; groups affected by stigma or caste-based discrimination; the poor, landless, jobless and/or homeless; sharecroppers; bonded labourers; other marginalized groups, such as persons with disabilities or persons living with HIV; children; indigenous peoples; groups with customary land rights; and even individual property owners.
- 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
- Movement
- Social & Cultural Rights
- Person(s) affected
- Children
- Ethnic minorities
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Post conflict and post disaster reconstruction and the right to adequate housing 2011, para. 16
- Paragraph text
- These tasks are all the more challenging in cases of prolonged, mass displacement. Displacement is a notorious driver of human and particularly housing-rights violations. According to displacement and resettlement experts there are eight major displacement impoverishment risk areas: landlessness, joblessness, homelessness, marginalization, increased morbidity and mortality, food insecurity, loss of access to common property resources, and social/community disarticulation. While the impacts of displacement are devastating for all who are affected, they are most acutely felt by those groups more vulnerable to discrimination, including women, minorities, children and persons with disabilities. If not mitigated through intensive, concerted effort, the consequences are long-term, entrenching patterns of poverty, exclusion, dependency and disempowerment.
- 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
- Equality & Inclusion
- Movement
- Poverty
- Person(s) affected
- Children
- Persons on the move
- Persons with disabilities
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Migration and the right to adequate housing 2010, para. 67
- Paragraph text
- The housing situation of children is directly connected to the status of their migrant parents. When parents, and especially migrant single mothers, have no access to employment, social benefits or other sources of livelihood in the host country, children may end up living in substandard conditions or being homeless alongside their parents. On many occasions, migrant women heads of families, sometimes in charge of several children, have had great difficulty in finding employment and caring for their children, finding reduced opportunities to provide adequate shelter and essential food.
- 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
- Movement
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Persons on the move
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Migration and the right to adequate housing 2010, para. 20
- Paragraph text
- In its conclusions on Albania of 2006, the European Committee of Social Rights recalled that according to article 19, paragraph 4, of the European Social Charter, States must eliminate all legal and de facto discrimination concerning access to public and private housing for migrant workers and that, accordingly, no legal or de facto restrictions on subsidized housing may be implemented. In its conclusions on the United Kingdom of Great Britain and Northern Ireland, the Committee noted that there were no objective, pre-established and easily understandable eligibility criteria to qualify for housing benefits, and requested information from the Government on the number of foreign nationals who had been refused any form of social assistance on the grounds that they did not satisfy the habitual residence condition. Furthermore, in its decision on the case DCI vs. the Netherlands, the Committee stated that the State must provide adequate shelter to undocumented migrant children under its jurisdiction.
- 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
- Children
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Migration and the right to adequate housing 2010, para. 12
- Paragraph text
- In the present report, the Special Rapporteur pays particular attention to the situation of migrant workers employed in low-skilled and informal work as well as undocumented migrants, not only because their housing situation is of grave concern, but also because they represent the largest proportion of migrants worldwide, and thus their human rights situation is regrettably replicated across the globe. The situation of migrant workers belonging to minority groups and migrant women and children is also explored, in the light of the multiple forms of exclusion these vulnerable groups experience. Before referring to the challenges faced by migrants in their right to adequate housing and the public policies affecting them, the report analyses the legal framework applicable to migrants regarding their access to adequate housing and evokes the importance of the principle of equality and non-discrimination in this 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)
- Equality & Inclusion
- Movement
- Person(s) affected
- Children
- Persons on the move
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
12 shown of 12 entities