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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
Women and their right to adequate housing 2012, para. 47
- Paragraph text
- For women, habitability of housing has been linked to protection against violence within the home. Therefore, the notion of habitability for women must itself be interpreted in a gender-sensitive way, ensuring that housing is safe for women. The notion of habitability must also be sensitive to women's disproportionate caregiving roles. These roles must be considered in the design of housing law, policy and programming. For example, in many parts of the world, it is women who cook and prepare meals. When cooking over open fires or traditional stoves fuelled by wood, animal dung or charcoal, it has been shown that women breathe in a mix of toxic pollutants and are particularly vulnerable to developing Chronic Obstructive Pulmonary Disease (COPD). For women, this indoor smoke is responsible for half a million deaths each year, and millions more have their health suffer due to impaired breathing and respiratory disease. In the case of COPD, for example, one study in Xuanwei, China, where rates of lung cancer and COPD are strongly associated with household use of coal fires, researchers showed that simple measures, such as installing a chimney, dramatically reduced the incidence of COPD among women.
- 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
- Gender
- Health
- Person(s) affected
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
The right to adequate housing of persons with disabilities 2017, para. 77
- Original document
- Paragraph text
- A number of jurisdictions have adopted a “housing first” model to address homelessness. The model provides chronically homeless persons, in particular those with psychosocial impairments and/or drug or alcohol addictions, with long-term housing and the necessary forms of support.
- 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
- Person(s) affected
- Persons with disabilities
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 40
- Paragraph text
- All potentially affected persons have the right to information about risks to health and safety or the environment, and should be afforded opportunities for active participation in the process of exploring alternatives to in situ solutions and decision-making. Any decision to resettle households should be subject to judicial 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)
- Environment
- Health
- Person(s) affected
- All
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Women and their right to adequate housing 2012, para. 51
- Paragraph text
- Women who face intersectional discrimination are more vulnerable to losing their homes, and have more difficulty accessing adequate housing in the first place. In the case of women affected by HIV/AIDS, for example, advocates have shown how "One of the greatest obstacles HIV/AIDS infected women confront is their inability to secure property. Women's inability to possess and manage property may result in their impoverishment, particularly in cultures which have a propensity to humiliate or shun HIV/AIDS infected women and girls. In many cases, subsequent to the HIV/AIDS related deaths of male partners or disclosure of their HIV/AIDS status, women are divested of their marital property, inheritance rights, livelihoods, and at times even their children, by relatives who forcibly evict them from their homes." Yet, access to housing and land can also serve as a pivotal means by which to improve the lives of women affected by HIV/AIDS. There is growing evidence to suggest that where women's right to adequate housing is upheld, women are far better able to mitigate the negative impacts of AIDS, and that enjoyment of this right may even help to prevent further spread of HIV/AIDS by promoting women's economic security and empowerment. This example shows how the needs of women who are especially marginalized and disadvantaged must be prioritized.
- 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
- Person(s) affected
- Girls
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Women and their right to adequate housing 2012, para. 2
- Paragraph text
- The recognition and realization of every woman's right to adequate housing is necessary to ensuring that every woman is able to live a life with dignity. For millions of women, it is the home which is the centre of daily life, and, in many cultures, it is women who spend the most time at home. For women in particular, the status of their right to adequate housing is intimately connected to their security, health, livelihood and overall well-being.
- 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
- Person(s) affected
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
The right to adequate housing of persons with disabilities 2017, para. 19
- Paragraph text
- Deinstitutionalization without adequate housing and community support can have devastating consequences. In Gauteng Province, South Africa, more than 1,300 persons with psychosocial and intellectual disabilities were transferred owing to government budget cuts from a private hospital to the care of an array of non-governmental organizations, most of which lacked the capacity, oversight and resources necessary to address the needs of those transferred. This led to widespread ill-treatment and the death of more than 70 persons.
- 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)
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Homelessness as a global human rights crisis that demands an urgent global response 2016, para. 36
- Paragraph text
- Many societal changes without adequate State responses contribute to homelessness. For example, the break-up of traditional family structures is a prevalent cause of homelessness. Men who move to cities for economic reasons often forgo shelter in order to save money to send back to their families in rural areas. In many States, long traditions of extended family support and kinship responsibility at the community level have been eroded. Illness, including the HIV/AIDS pandemic, is both a major cause and effect of homelessness.
- 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
- Poverty
- Person(s) affected
- Families
- Men
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 37
- Paragraph text
- Where a genuine risk to health and safety or the environment exists, prior to any decision to evict being made, States must explore all feasible alternatives in consultation with affected persons. Specifically, States should use all resources at their disposal, including through international assistance, to explore in situ alternatives to mitigate and manage risks, regardless of the tenure status and housing standards of inhabitants unless the inhabitants prefer to be resettled to alternative 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)
- Environment
- Equality & Inclusion
- Health
- Person(s) affected
- All
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
The right to adequate housing of persons with disabilities 2017, para. 66
- Original document
- Paragraph text
- In a decision adopted in 2008, the Supreme Court of Nepal ordered the release of all persons who were imprisoned because of psychosocial disabilities, in keeping with the right to equality, health and a dignified life. The Court directed the Government to enact a law to protect the rights of persons with psychosocial disabilities and to arrange health services and other necessary measures. Local and international organizations have continued to exert pressure on the Government to implement the Court’s order in line with the Convention on the Rights of Persons with Disabilities. In a decision adopted in 2012, the Court ordered the Government to provide a monthly stipend, build shelters and appoint a social welfare worker in each district.
- 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
- Health
- 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. 63
- Original document
- Paragraph text
- In Purohit and Moore v. the Gambia, the African Commission on Human and Peoples’ Rights considered a case of forcible institutionalization without due process in the Gambia. The Commission not only found that the legislation itself violated provisions of the African Charter on Human and Peoples’ Rights, but also took note of the obligation to progressively realize the right to health by addressing violations of socioeconomic rights. The Commission stated that, throughout Africa, poverty rendered persons “incapable to provide the necessary amenities, infrastructure and resources that facilitate the full enjoyment of [the right to health]” and read into the right to health the obligation of States parties to the African Charter “to take concrete and targeted steps, while taking full advantage of its available resources, to ensure that the right to health is fully realized in all its aspects without discrimination of any kind”.
- 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
- Health
- 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. 60
- Original document
- Paragraph text
- In only one communication considered under the Optional Protocol to the Convention on the Rights of Persons with Disabilities has a violation of article 28 been alleged. In the case of H.M. v. Sweden, a municipality refused to grant an exception to a development plan to allow the claimant to build a hydrotherapy pool required for the treatment of her health condition. Having found that the refusal of reasonable accommodation violated the claimant’s right to non-discrimination, as well as her rights under article 19, the Committee declined to decide whether that denial also violated article 28. It is noteworthy, however, that the Committee extended the remedy beyond the author’s individual circumstances, recommending that the State party ensure that “its legislation and the manner in which it is applied by domestic courts is consistent with the State party’s obligations under the Convention”. This is an example of the manner in which reasonable accommodation claims can give rise to individual as well as systemic and/or legislative 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)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- 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. 44
- Original document
- Paragraph text
- Article 2 (1) of the Convention mirrors the International Covenant on Economic, Social and Cultural Rights in its provision that each State party shall undertake to take measures to the maximum of its available resources, with a view to achieving progressively the full realization of the rights enshrined in those instruments. The reasonableness standard has been incorporated into the Optional Protocol to the Covenant. Courts, treaty bodies and commentators have articulated a standard of “reasonableness” in assessing whether the positive measures taken by States meet the requirements of international human rights law.
- 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
- Health
- Person(s) affected
- N.A.
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
The right to adequate housing of persons with disabilities 2017, para. 10
- Paragraph text
- The Washington Group on Disability Statistics has developed two standard sets of questions for surveying populations. The short set covers six core areas of activity and has been adopted by 70 countries. It provides the best opportunity for States to obtain disaggregated data that will allow international comparisons and benchmarks. The extended set of questions covers a greater range of domains of functioning, a number of which are associated with psychosocial impairments. Neither set addresses housing. The best way to obtain reliable data on housing and disability is to conduct surveys based on the extended set of questions of the Washington Group, supplemented by questions on housing and homelessness.
- 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
- Person(s) affected
- Persons with disabilities
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Post conflict and post disaster reconstruction and the right to adequate housing 2011, para. 50
- Paragraph text
- In high-profile or "complex emergency" cases, conflicts and disasters elicit international interventions and massive relief responses from a variety of institutions and States. In recent years, given the overwhelming scale, frequency and complexity of unfolding crises, there have been signs of a creeping sense of donor fatigue.
- 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)
- Health
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Homelessness as a global human rights crisis that demands an urgent global response 2016, para. 88
- Paragraph text
- Instead of being treated as a group of rights bearers whose rights have been systematically violated, homeless people have become a stigmatized group subject to criminalization, discrimination and social exclusion. To be homeless is to experience acts of violence, a shortened life span and ill-health and to be criminalized for survival strategies for eating or sleeping in public space. Homeless people are rendered voiceless and invisible, banished to the peripheries of cities and towns, out of sight. Their humanity and dignity are rarely considered in legislation, public policies 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
- Health
- Person(s) affected
- All
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Homelessness as a global human rights crisis that demands an urgent global response 2016, para. 76
- Paragraph text
- Housing First has recently emerged as a dominant model for responses to homelessness in countries such as Belgium, Denmark, Hungary, the Netherlands, Portugal, and the United Kingdom of Great Britain and Northern Ireland. The model is straightforward, providing chronically homeless people, for example, those with psychosocial disabilities, with housing and support as needed. There are obvious benefits of keeping people in their communities as opposed to providing treatment services without housing, and this model offers easily measured outcomes. At the same time, concerns have been raised that Housing First may not serve as a generalized model as it tends to focus on visible forms of homelessness and does not address systemic causes of homelessness or ensure rehabilitation and production of affordable 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
- Health
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Homelessness as a global human rights crisis that demands an urgent global response 2016, para. 56
- Paragraph text
- The African Commission on Human and Peoples' Rights has affirmed that the right to adequate housing is implied in the African Charter by its articles 14 on the right to property, 16 on the right to highest attainable standard of mental and physical health and 18 (1) on protection accorded to the family. It considers that forced evictions leading to homelessness are contrary to the Charter, and has urged all States to report on measures taken to address homelessness and to appoint an independent national body to monitor State compliance with 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
- Health
- Social & Cultural Rights
- Person(s) affected
- Families
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Homelessness as a global human rights crisis that demands an urgent global response 2016, para. 47
- Paragraph text
- Persons with disabilities are particularly vulnerable to homelessness. In all parts of the world, psychosocial disability can make it impossible for people to secure employment and earn a living to pay for housing. At the same time, many States do not ensure access to the community-based support that people with disabilities need. In States where people with perceived psychosocial disabilities are institutionalized, the support or housing available upon their release are often inadequate. Where deinstitutionalization has been implemented, States have failed to provide the necessary social support for housing in the community.
- 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
- Person(s) affected
- Persons with disabilities
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Homelessness as a global human rights crisis that demands an urgent global response 2016, para. 28
- Paragraph text
- Homelessness is caused by the interplay between individual circumstances and broader systemic factors. A human rights response to homelessness addresses both. It understands that homelessness may be linked to individual dynamics such as psychosocial disabilities, unexpected job loss, addictions or complex choices to become street-connected, and that a major cause of homelessness is the failure of governments to respond to unique individual circumstances with compassion and respect for individual dignity. A human rights approach must also, however, address the overarching structural and institutional causes of homelessness - the cumulative effect of domestic policies, programmes and legislation, as well as international financial and development agreements that contribute to and create homelessness. In her consultations, the Special Rapporteur found that inequality and the conditions that breed it are the most consistently identified causes of homelessness.
- 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
- Person(s) affected
- Persons with disabilities
- 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. 29
- Paragraph text
- Similarly, the Human Rights Committee affirmed in its general comment No. 6 that the right to life is the "supreme right", which "should not be interpreted narrowly", and that it "cannot properly be understood in a restrictive manner, and the protection of this right requires that States adopt positive measures". In periodic reviews, the Committee has noted the documented effects of homelessness on health and on life and has stated that the right to life requires the adoption of positive measures to address homelessness (see CCPR/C/79/Add.105).
- 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
- Health
- 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. 26
- Paragraph text
- Many people with disabilities live in institutions because community supports to ensure independent living are unavailable. Many are institutionalized without their consent. Conditions in such institutions are invariably overcrowded. Residents are often prevented from having outside social or family relations and, in some cases, are forced to remain in isolation cells for long periods (see A/HRC/28/37). In some countries, such as the Republic of Moldova (see A/HRC/31/62/Add.2, paras. 48-52 and 61-72), residents are "controlled" through the use of physical restraints and the administration of large doses of psychiatric medications and tranquilizers. Some residents are forced to sleep in locked "cage beds" (hospital beds turned into small cages). Violence is commonplace. Together, these conditions heighten the risk of death.
- 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
- Person(s) affected
- Persons with disabilities
- 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. 16
- Paragraph text
- Water- and sanitation-related illnesses kill over 840,000 people globally each year, a disproportionate number of whom are children under the age of 5. This includes deaths from diarrhoeal disease caused by unsafe drinking water, inadequate water for hygiene and lack of adequate sanitation. Neglected tropical diseases, such as rabies, dengue fever and Chagas disease, prevail in circumstances of inadequate sanitation and exposure to insects, domestic animals and livestock. Cholera, caused by bacteria spread from food or water contaminated by human faeces is also commonplace and, without adequate, rapid and effective health care within a few hours, can cause death.
- 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
- Water & Sanitation
- Person(s) affected
- Children
- 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. 12
- Paragraph text
- For anyone who is homeless or street involved, living in security and dignity is near impossible. The death rate among homeless people ranges from two to ten times higher than for those who are not homeless. In eight states in India, between 2010 and 2016, approximately 24,000 homeless people died as a result of their living conditions, such as from infectious diseases, road accidents, and exposure to the elements. The interim findings of a study undertaken in the United Kingdom of Great Britain and Northern Ireland, for example, showed that homeless women can expect to live for just 43 years, compared to 80 years for women in the general population.
- 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
- Person(s) affected
- 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. 18
- Paragraph text
- The consequences of inadequate housing and homelessness are severe, with implications for almost every other human right, including the rights to health, education, protection of the family, social security, work and, in many cases, life. Malaria, cholera, dengue fever and many other diseases that continue to ravage the poor in tropical countries are closely linked to poor housing conditions, as are tuberculosis, pneumonia and many other illnesses affecting those who are homeless in northern climates. Yet, despite the severity of the consequences and the fundamental human rights that are involved, homelessness and inadequate housing are still often seen as the preserve of socioeconomic policy and as insulated from the kind of legal human rights accountability that is applied to government policies affecting other human rights. Even when housing is recognized as a human right, how it should be implemented is not always clear to States and other stakeholders.
- 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
- Poverty
- Person(s) affected
- Families
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
The right to adequate housing in disaster relief efforts 2011, para. 58
- Paragraph text
- A focus on individual beneficiaries and on "deliverables" - food, shelters, health kits - as ends in themselves might divert from the fundamental responsibility to respect, protect and fulfil rights (to housing, water, health, for instance), and the requirement to think of the long term. In Haiti, it was reported that immediate needs had dominated the international community's response and that specific pledges to support permanent housing requirements had therefore been less significant. The Haiti Shelter Cluster of the Inter-Agency Standing Committee reported on the risks of institutionalizing camps and of consuming scarce resources in emergency measures at the expense of more durable permanent solutions were recognized.
- 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
- Health
- Humanitarian
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to adequate housing in disaster relief efforts 2011, para. 41
- Paragraph text
- The destruction of much of the housing stock in New Orleans after Hurricane Katrina was also seen as an opportunity to fundamentally change the housing and urban characteristics of the city. Notably, the four largest public housing complexes in New Orleans (the "big 4"), mostly inhabited by African Americans, were demolished to give way to planned redevelopment of mixed-income communities and other uses. Although in some cases there may have been no feasible alternatives because of the severity of the damages, the demolitions were mainly justified as essential to the city's recovery and necessary for health and safety reasons. Problematically, the planned developments were to include a small number of public housing units compared to the total available before Hurricane Katrina. Their demolition was another obstacle preventing lower income residents from returning to New Orleans (see sect. III above).
- 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
- Health
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
27 shown of 27 entities