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Children in street situations 2017, para. 4
- Paragraph text
- In the past, the terms used to describe children in street situations have included “street children”, “children on the street”, “children of the street”, “runaway children”, “throwaway children”, “children living and/or working on the street”, “homeless children” and “street-connected children”. In the present general comment, the term “children in street situations” is used to comprise: (a) children who depend on the streets to live and/or work, whether alone, with peers or with family; and (b) a wider population of children who have formed strong connections with public spaces and for whom the street plays a vital role in their everyday lives and identities. This wider population includes children who periodically, but not always, live and/or work on the streets and children who do not live or work on the streets but who regularly accompany their peers, siblings or family in the streets. Concerning children in street situations, “being in public spaces” is understood to include spending a significant amount of time on streets or in street markets, public parks, public community spaces, squares and bus and train stations. It does not include public buildings such as schools, hospitals or other comparable institutions.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Social & Cultural Rights
- Violence
- Person(s) affected
- Children
- Families
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
A world fit for children 2002, para. 40.8
- Paragraph text
- [To achieve these goals and targets, we will implement the following strategies and actions:] Strengthen early childhood care and education by providing services, developing and supporting programmes directed toward families, legal guardians, caregivers and communities.
- Body
- United Nations General Assembly
- Document type
- Resolution
- Topic(s)
- Education
- Social & Cultural Rights
- Person(s) affected
- Families
- Year
- 2002
- Date added
- Aug 19, 2019
Paragraph
SRSG on violence against children: Annual report 2015, para. 82
- Paragraph text
- At the low level of "narco retail", children's exposure to violence may be particularly high owing to clashes over territory, the protection of merchandise, or punishment by their adult masters if they fall short of expectations.
- Body
- Special Representative of the Secretary-General on violence against children
- Document type
- SRSG report
- Topic(s)
- Social & Cultural Rights
- Violence
- Person(s) affected
- Children
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
SRSG on violence against children: Annual report 2014, para. 81
- Paragraph text
- Older children are equally active, using ICTs to prepare schoolwork, search for information, socialize with friends, play games, watch the news and video clips online, and to communicate, including through e-mail and instant messaging.
- Body
- Special Representative of the Secretary-General on violence against children
- Document type
- SRSG report
- Topic(s)
- Education
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Children
- Older persons
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
SRSG on violence against children: Annual report 2014, para. 35
- Paragraph text
- In many countries, children with albinism are perceived as a curse, a cause of shame to the family, and a misfortune to the community. Social and structural discrimination condemns these children to a position of extreme vulnerability.
- Body
- Special Representative of the Secretary-General on violence against children
- Document type
- SRSG report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
SRSG on violence against children: Annual report 2014, para. 59
- Paragraph text
- With a view to reversing this worrying trend, a number of countries have recognized the value of promoting restorative justice processes to protect children and safeguard their rights in the justice system (see box below).
- Body
- Special Representative of the Secretary-General on violence against children
- Document type
- SRSG report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Children
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Stigma and the realization of the human rights to water and sanitation 2012, para. 44
- Paragraph text
- Human dignity is the foundation of all human rights. The International Covenants on Human Rights proclaim that the rights enshrined therein derive from the inherent dignity of the human person. Human dignity is an intrinsic and universal quality of the human person. Behaviour and activities that violate human dignity can include activities or statements that "demean and humiliate individuals or groups because of their origins, status or beliefs", as well as negative stereotyping that implies that members of a particular group are inferior. Stigma is, by its demeaning and degrading nature, antithetical to the very idea of human dignity. Stigma as a process of devaluation, of making some people "lesser" and others "greater", is inconsistent with human dignity, which is premised on notions of the inherent equality and worthiness of the human person. It undermines human dignity, thereby laying the groundwork for violations of human rights. Human dignity is closely linked to the realization of the human rights to water and sanitation, and to various related rights such as non-discrimination, the right to be free from inhuman or degrading treatment, and the right to privacy.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Water & Sanitation
- Person(s) affected
- All
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Rights of indigenous peoples on the impact of international investment and free trade on the human rights of indigenous peoples 2015, para. 37
- Paragraph text
- As discussed above, indigenous peoples are not included in the negotiations and drafting of free trade agreements. However, the provisions of those agreements bind their self-governance arrangements and the use of their lands, territories and resources. For example, the United States model bilateral investment treaty is strictly binding on all levels of government, including political subdivisions and other entities that exercise regulatory, administrative or other governmental authority delegated by the national Government. Not having the ability to contribute to the drafting of powerful legal agreements that affect them is a violation of indigenous peoples' right to self-determination, as provided for in article 3 of the United Nations Declaration on the Rights of Indigenous Peoples, and the right to development. Article 32, paragraph 1, of the Declaration says that "indigenous peoples have the right to determine and develop priorities and strategies for the development or use of their lands or territories".
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Rights of indigenous peoples, including their economic, social and cultural rights in the post-2015 development framework 2014, para. 71
- Paragraph text
- When looking at available socioeconomic data disaggregated by ethnicity and gender, there is no doubt that indigenous women experience particular and interrelated forms of discrimination because of their indigenous identity and their gender. Gender-based discrimination is a sad reality in most countries, and it is also found within some indigenous societies where, for example, women may not traditionally have participated in governance institutions or where girls are not encouraged to study. In short, many indigenous women still face additional gender-based discrimination, which leads to disadvantages, marginalization and, in extreme cases, to violence, physical mutilation, trafficking, prostitution and restricted access to justice. On the other hand, there is ample documentation of the strong and crucial roles played by indigenous women in many areas of life, including food production, biodiversity conservation, climate change adaptation, transmission of languages, culture and knowledge, conflict resolution and peacekeeping.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Girls
- Women
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Extractive industries and indigenous peoples 2013, para. 35
- Paragraph text
- The Special Rapporteur observes that in a number of cases States have asserted the power to expropriate indigenous property interests in land or surface resources in order to have or permit access to the subsurface resources to which the State claims ownership. Such an expropriation being a limitation of indigenous property rights, even if just compensation is provided, a threshold question in such cases is whether the limitation is pursuant to a valid public purpose. The Special Rapporteur cautions that such a valid public purpose is not found in mere commercial interests or revenue-raising objectives, and certainly not when benefits from the extractive activities are primarily for private gain. It should be recalled that under various sources of international law, indigenous peoples have property, cultural and other rights in relation to their traditional territories, even if those rights are not held under a title deed or other form of official recognition. Limitations of all those rights of indigenous peoples must, at a minimum, be backed by a valid public purpose within a human rights framework, just as with limitations on rights formally recognized by the State.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Environment
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right of indigenous peoples to development with culture and identity, the right of indigenous peoples to participation and the obligation of States to implement the United Nations Declaration on the Rights of Indigenous Peoples 2010, para. 43
- Paragraph text
- A first aspect of the external dimension has to do with the participation of indigenous peoples in the broader public life of the State, as promoted by article 5 of the Declaration, and is related to the right of all citizens to political participation. This aspect of participation in decision-making within spheres extending beyond indigenous communities is mostly, though not entirely, a matter of the rights of indigenous individuals. As affirmed in particular by the Inter-American Court of Human Rights in the case of Yatama v. Nicaragua, the right of indigenous peoples to participate in the broader public life of the State also includes a collective element, which requires States to enact special measures to ensure the effective participation of indigenous peoples within State political structures and institutions.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Responsibilities of local and other subnational governments in relation to the right to adequate housing 2015, para. 49
- Paragraph text
- The Constitutional Court of Colombia has also made important advances in that area. In 2004, in a ground-breaking ruling on the economic, social and cultural rights of internally displaced persons, the court ruled that there was an "unconstitutional state of affairs" as a result of the internal conflict. The Court also held the deteriorating housing conditions of internally displaced persons to be prima facie contrary to the Constitution. The national Government was ordered to implement a number of measures, including a housing plan that ensured local institutions provided equal benefits for displaced persons. In a follow-up ruling in 2006, the Court ordered relevant municipalities to organize a working group to review the housing policies in each jurisdiction, and to develop plans and programmes with direct participation of displaced persons, and with representatives of the National Human Rights Institution. The Court remained seized of the case, receiving trimestral reports from the different levels of government.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Migration and the right to adequate housing 2010, para. 24
- Paragraph text
- States have an immediate obligation to ensure non-discrimination in the enjoyment of economic, social and cultural rights, including the right to adequate housing, regardless of their level of development, in order to reduce existing inequalities (see E/1991/23, annex III, para. 1). The obligation of non-discrimination requires the equitable allocation of resources and services to ensure the realization of the right to adequate housing to all, and is not subject to progressive realization. It entails prioritizing the needs of marginalized and disadvantaged groups; eliminating laws, policies and practices that disproportionately affect the right to adequate housing of certain groups; incorporating equality and non-discrimination principles in all legislation and policies; and adopting special measures to counter embedded discrimination and inequalities against particular groups. States have no justification for not protecting vulnerable groups from housing-related discrimination, as the obligation to prohibit discrimination is binding on all States even in times of severe resource constraints (see E/1991/23, para. 12, and E/C.12/GC/20, para. 13).
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Right of everyone to take part in cultural life (Art. 15, para. 1(a)) 2009, para. 16a
- Paragraph text
- [The following are necessary conditions for the full realization of the right of everyone to take part in cultural life on the basis of equality and non-discrimination.] Availability is the presence of cultural goods and services that are open for everyone to enjoy and benefit from, including libraries, museums, theatres, cinemas and sports stadiums; literature, including folklore, and the arts in all forms; the shared open spaces essential to cultural interaction, such as parks, squares, avenues and streets; nature's gifts, such as seas, lakes, rivers, mountains, forests and nature reserves, including the flora and fauna found there, which give nations their character and biodiversity; intangible cultural goods, such as languages, customs, traditions, beliefs, knowledge and history, as well as values, which make up identity and contribute to the cultural diversity of individuals and communities. Of all the cultural goods, one of special value is the productive intercultural kinship that arises where diverse groups, minorities and communities can freely share the same territory;
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2009
- Date added
- Aug 19, 2019
Paragraph
Right of everyone to take part in cultural life (Art. 15, para. 1(a)) 2009, para. 3
- Paragraph text
- The right of everyone to take part in cultural life is also recognized in article 27, paragraph 1, of the Universal Declaration of Human Rights, which states that "everyone has the right freely to participate in the cultural life of the community". Other international instruments refer to the right to equal participation in cultural activities; the right to participate in all aspects of social and cultural life; the right to participate fully in cultural and artistic life; the right of access to and participation in cultural life; and the right to take part on an equal basis with others in cultural life. Instruments on civil and political rights, on the rights of persons belonging to minorities to enjoy their own culture, to profess and practise their own religion, and to use their own language, in private and in public, and to participate effectively in cultural life, on the rights of indigenous peoples to their cultural institutions, ancestral lands, natural resources and traditional knowledge, and on the right to development also contain important provisions on this subject.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2009
- Date added
- Aug 19, 2019
Paragraph
The right to social security (Art. 9) 2007, para. 42
- Paragraph text
- There is a strong presumption that retrogressive measures taken in relation to the right to social security are prohibited under the Covenant. If any deliberately retrogressive measures are taken, the State party has the burden of proving that they have been introduced after the most careful consideration of all alternatives and that they are duly justified by reference to the totality of the rights provided for in the Covenant, in the context of the full use of the maximum available resources of the State party. The Committee will look carefully at whether: (a) there was reasonable justification for the action; (b) alternatives were comprehensively examined; (c) there was genuine participation of affected groups in examining the proposed measures and alternatives; (d) the measures were directly or indirectly discriminatory; (e) the measures will have a sustained impact on the realization of the right to social security, an unreasonable impact on acquired social security rights or whether an individual or group is deprived of access to the minimum essential level of social security; and (f) whether there was an independent review of the measures at the national level.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2007
- Date added
- Aug 19, 2019
Paragraph
The right to social security (Art. 9) 2007, para. 28
- Paragraph text
- The right to social security plays an important role in supporting the realization of many of the rights in the Covenant, but other measures are necessary to complement the right to social security. For example, States parties should provide social services for rehabilitation of the injured and persons with disabilities in accordance with article 6 of the Covenant, provide child care and welfare, advice and assistance with family planning and the provision of special facilities for persons with disabilities and older persons (article 10); take measures to combat poverty and social exclusion and provide supporting social services (article 11); and adopt measures to prevent disease and improve health facilities, goods and services (article 12). States parties should also consider schemes that provide social protection to individuals belonging to disadvantaged and marginalized groups, for example crop or natural disaster insurance for small farmers or livelihood protection for self-employed persons in the informal economy. However, the adoption of measures to realize other rights in the Covenant will not in itself act as a substitute for the creation of social security schemes.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Poverty
- Social & Cultural Rights
- Person(s) affected
- Children
- Older persons
- Persons with disabilities
- Year
- 2007
- Date added
- Aug 19, 2019
Paragraph
Article 3: The equality of rights between men and women - replaces GC No. 4 2000, para. 25
- Paragraph text
- To fulfil their obligations under article 23, paragraph 4, States parties must ensure that the matrimonial regime contains equal rights and obligations for both spouses with regard to the custody and care of children, the children's religious and moral education, the capacity to transmit to children the parent's nationality, and the ownership or administration of property, whether common property or property in the sole ownership of either spouse. States parties should review their legislation to ensure that married women have equal rights in regard to the ownership and administration of such property, where necessary. Also, States parties should ensure that no sex-based discrimination occurs in respect of the acquisition or loss of nationality by reason of marriage, of residence rights, and of the right of each spouse to retain the use of his or her original family name or to participate on an equal basis in the choice of a new family name. Equality during marriage implies that husband and wife should participate equally in responsibility and authority within the family.
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Men
- Women
- Year
- 2000
- Date added
- Aug 19, 2019
Paragraph
Implementation of article 14 by States parties 2012, para. 32
- Paragraph text
- The principle of non-discrimination is a basic and general principle in the protection of human rights and fundamental to the interpretation and application of the Convention. States parties shall ensure that access to justice and to mechanisms for seeking and obtaining redress are readily available and that positive measures ensure that redress is equally accessible to all persons regardless of race, colour, ethnicity, age, religious belief or affiliation, political or other opinion, national or social origin, gender, sexual orientation, gender identity, mental or other disability, health status, economic or indigenous status, reason for which the person is detained, including persons accused of political offences or terrorist acts, asylum-seekers, refugees or others under international protection, or any other status or adverse distinction, and including those marginalized or made vulnerable on bases such as those above. Culturally sensitive collective reparation measures shall be available for groups with shared identity, such as minority groups, indigenous groups, and others. The Committee notes that collective measures do not exclude the individual right to redress.
- Body
- Committee against Torture
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Human rights of women 1998, para. b
- Paragraph text
- [Actions to be taken by Governments:] Take steps, including a gender-sensitive review of national legislation, to revoke any laws or legal procedures and eradicate practices – national or customary – that promote discrimination on the basis of sex;
- Body
- Commission on the Status of Women
- Document type
- CSW Agreed Conclusions / Declaration
- Topic(s)
- Gender
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Women
- Year
- 1998
- Date added
- Aug 19, 2019
Paragraph
Persons with Disabilities 1994, para. 29
- Paragraph text
- Institutionalization of persons with disabilities, unless rendered necessary for other reasons, cannot be regarded as an adequate substitute for the social security and income support rights of such persons.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Persons with disabilities
- Year
- 1994
- Date added
- Aug 19, 2019
Paragraph
SRSG on violence against children: Annual report 2014, para. 60
- Paragraph text
- The establishment of a restorative justice programme is framed by significant international standards on the protection of the rights of children involved with the criminal justice system. In particular, the Convention on the Rights of the Child recognizes the right of every child alleged as, accused of, or recognized as having infringed the penal law to be treated in a manner consistent with the promotion of the child's sense of dignity and worth so as to reinforce the child's respect for the human rights and fundamental freedoms of others, taking into account the age of the child and the desirability of promoting his or her social reintegration, and his or her assumption of a constructive role in society (art. 40, para. 1). The Convention encourages the establishment of a separate justice system specifically applicable to children (art. 40, para. 3); anticipates measures to deal with the child without resorting to judicial proceedings, provided that human rights and legal safeguards are fully respected (art. 40, para. 3 (b)); and makes reference to a variety of dispositions to ensure that children are dealt with in a manner appropriate to their well-being, and proportionate both to their circumstances and to the offence (art. 40, para. 4).
- Body
- Special Representative of the Secretary-General on violence against children
- Document type
- SRSG report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Children
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Affordability of water and sanitation services 2015, para. 61
- Paragraph text
- A broader mechanism for achieving access to water and sanitation services for people living in poverty is to put in place "social protection floors". These are nationally defined basic social security guarantees that ensure access to essential services, including water and sanitation, as well as providing basic income security to those in need. Human Rights Council resolution 28/12 of 9 April 2015 acknowledged "that social protection floors may facilitate the enjoyment of human rights… safe drinking water and sanitation, in accordance with the human rights obligations of States" and encouraged "States to put in place social protection floors as part of comprehensive social protection systems" (A/HRC/RES/28/12, paras. 6 and 8). Social protection floors can be particularly relevant for achieving gender equality and protecting marginalized or disadvantaged individuals and groups. At the national level, for instance, Cambodia has made support for sanitation and water in times of emergency and crisis a key intervention under the National Social Protection Strategy for the Poor and Vulnerable. In Mexico, the federal budget for social spending, which contributes to building a social protection floor, includes water supply and sewerage.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Poverty
- Social & Cultural Rights
- Water & Sanitation
- Person(s) affected
- All
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The right of indigenous peoples to development with culture and identity, the right of indigenous peoples to participation and the obligation of States to implement the United Nations Declaration on the Rights of Indigenous Peoples 2010, para. 59
- Paragraph text
- A starting point for the effective implementation of the Declaration is a firm commitment by States and the United Nations system to its rights and principles that is free from vague assertions that the Declaration is not obligatory. On too many occasions State and other actors attempt to diminish the normative weight of the Declaration by describing it as an instrument that is not "legally binding". As a resolution of the General Assembly, the Declaration by its nature is not, in and of itself, a legally binding instrument, given the authority of the General Assembly under the Charter of the United Nations only to make "recommendations", except in regard to membership, budgetary and administrative matters. But understanding the normative significance and legal obligations related to the Declaration does not end there.
- Body
- Special Rapporteur on the rights of indigenous peoples
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
The right to life and the right to adequate housing: the indivisibility and interdependence between these rights 2016, para. 37
- Paragraph text
- The Committee's recognition in these cases that deportation into homelessness may constitute cruel and inhuman treatment or punishment, and that victims of homelessness in this context are entitled to a remedy, is significant. It is equally important, however, to ensure access to adjudication and remedy for those who experience the same deprivations of homelessness resulting from inaction or neglect within a State's own borders. In A.H.G and Jasin, the Committee considered the effects of widespread and systemic violations of the right to security and dignity. However, this consideration remained within the negative rights framework of prohibited "treatment" or "punishment". That framework is not conducive to hearing the substantive claim to a life of dignity, security and inclusion advanced by people with disabilities or women escaping violence, who do not see the fulfilment of their human rights merely as freedom from treatment or punishment but more fundamentally as a right to a place to live in dignity and security.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Violence
- Person(s) affected
- Persons with disabilities
- Women
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Reflection on work undertaken in first 14 years of the mandate; outline of opportunities and priorities 2014, para. 70
- Paragraph text
- The causes of homelessness and inadequate housing are multifarious, interrelated and complex. They include not only forced evictions and conflict, but also many other structural issues, such as inadequate services and infrastructure; barriers to access to credit; land speculation and zoning; displacement and migration; environmental degradation; and rapid urbanization and the development of megacities. Tackling the causes of homelessness often requires a multifaceted approach that relies on comprehensive and coordinated strategies, and is implemented in a collaborative fashion with various levels of government and relevant stakeholders. What is needed, as a starting point, is the articulation of key principles through which multiple policies and programmes can achieve a unified purpose and a coherent approach. The Special Rapporteur believes that a human rights approach to adequate housing and homelessness has much to offer in this regard and, if implemented, can be transformational, resulting in real change rather than a temporary fix.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Treatment of Unaccompanied and Separated Children Outside Their Country of Origin 2005, para. 18
- Paragraph text
- The principle of non-discrimination, in all its facets, applies in respect to all dealings with separated and unaccompanied children. In particular, it prohibits any discrimination on the basis of the status of a child as being unaccompanied or separated, or as being a refugee, asylum seeker or migrant. This principle, when properly understood, does not prevent, but may indeed call for, differentiation on the basis of different protection needs such as those deriving from age and/or gender. Measures should also be taken to address possible misperceptions and stigmatization of unaccompanied or separated children within the society. Policing or other measures concerning unaccompanied or separated children relating to public order are only permissible where such measures are based on the law; entail individual rather than collective assessment; comply with the principle of proportionality; and represent the least intrusive option. In order not to violate the prohibition on non-discrimination, such measures can, therefore, never be applied on a group or collective basis.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Person(s) affected
- Children
- Persons on the move
- Year
- 2005
- Date added
- Aug 19, 2019
Paragraph
The right to social security (Art. 9) 2007, para. 3
- Paragraph text
- Social security, through its redistributive character, plays an important role in poverty reduction and alleviation, preventing social exclusion and promoting social inclusion.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Poverty
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2007
- Date added
- Aug 19, 2019
Paragraph
Right to self-determination 1996, para. 5
- Paragraph text
- In order to respect fully the rights of all peoples within a State, Governments are again called upon to adhere to and implement fully the international human rights instruments and in particular the International Convention on the Elimination of All Forms of Racial Discrimination. Concern for the protection of individual rights without discrimination on racial, ethnic, tribal, religious or other grounds must guide the policies of Governments. In accordance with article 2 of the International Convention on the Elimination of All Forms of Racial Discrimination and other relevant international documents, Governments should be sensitive towards the rights of persons belonging to ethnic groups, particularly their right to lead lives of dignity, to preserve their culture, to share equitably in the fruits of national growth and to play their part in the Government of the country of which they are citizens. Also, Governments should consider, within their respective constitutional frameworks, vesting persons belonging to ethnic or linguistic groups comprised of their citizens, where appropriate, with the right to engage in activities which are particularly relevant to the preservation of the identity of such persons or groups.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Year
- 1996
- Date added
- Aug 19, 2019
Paragraph
The right to adequate housing of persons with disabilities 2017, para. 48
- Original document
- Paragraph text
- The Special Rapporteur also emphasizes that reasonable accommodation in housing is often linked to systemic patterns of discrimination and imbalances in power “which result in a society being designed well for some and not for others”. The Supreme Court of Canada warned that reasonable accommodation claims should not be allowed to shield systemic discrimination from scrutiny or leave in place imbalances in power that have led to the neglect of the needs or perspectives of marginalized groups in the design of policies. It is important to ask, in each individual case, not only what is required by the individual person with a disability to ensure equality, but also why the housing system created the need for individual accommodation in the first place. Requests for modifications of buildings or housing policies are usually only made because those requirements were not adequately considered when buildings or policies were designed in the first place. Persons with disabilities must be empowered to challenge housing, planning and zoning, social protection and justice systems that fail to meet their needs and thus deny them access to adequate housing.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Persons with disabilities
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph