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Migration and the right to adequate housing 2010, para. 85
- Paragraph text
- As part of social and cultural integration policies, States should involve migrants in decision-making processes and promote their active participation in public life through adequate representation and participation mechanisms. States should also inform migrants of their rights and duties in the country and promote their active exercise. Migrants are at a particular disadvantage as a result of lack of information. The need for appropriate housing information and advice to prevent housing exclusion and homelessness of migrants is essential, and States have the responsibility to provide it. They should ensure that information and advice on rights and duties relating to housing is available to migrants, including in their native languages. Furthermore, States should foster mutual understanding among local communities and ensure mutual respect for cultural diversity.
- 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
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
Migration and the right to adequate housing 2010, para. 58
- Paragraph text
- In some cases, non-citizens are subject to double discrimination as both migrants and members of minority groups. During her missions, the Special Rapporteur has encountered numerous cases of migrants from minority groups who have been denied residency permits even though they have lived in the host country for decades or even generations. The lack of regularization obstructs their access to housing in private markets as well as housing assistance from local governments. The Special Rapporteur also received numerous complaints of forced eviction of migrants belonging to minority groups.
- 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
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Year
- 2010
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
Paragraph
Migration and the right to adequate housing 2010, para. 21
- Paragraph text
- Discrimination is any differential treatment that is based on prohibited grounds of discrimination and that creates or maintains inequalities and disadvantages suffered by certain groups in society with respect to the enjoyment of human rights (see E/C.12/GC/20, para. 7). Direct discrimination exists when legislation or policies are adopted with a view to overtly privileging some groups in society to the detriment of others. However, when looking at discrimination, States should also look at indirect discrimination, which concerns measures that, without explicitly discriminating on certain grounds, might have a disproportionate impact on the exercise of human rights by a particular group (ibid., para. 10). Such apparently neutral measures, which de facto favour dominant cultures, are illegitimate and must be outlawed by States in order to ensure the full realization of the equality and non discrimination principle (ibid., para. 12).
- 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
- 2010
Paragraph
Migration and the right to adequate housing 2010, para. 22
- Paragraph text
- Discrimination is often a precondition and by-product of the marginalization to which certain groups and individuals are subject and is the root of many inequalities in society. On many occasions migrants suffer multiple forms of discrimination on the basis of national origin, culture, religion or sex. The multiple layers of discrimination and exclusion faced by migrants affect their access to adequate housing. This marginalization is often a manifestation of larger forms of structural discrimination that extend through the institutional, cultural, social and economic fabric of society, adversely affecting the housing conditions and overall well-being of migrants.
- 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
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
Migration and the right to adequate housing 2010, para. 32
- Paragraph text
- In the private sector in most countries, it is difficult for low-income migrants to rent private housing, as homeowners often avoid renting to them because of xenophobic sentiments, fear of insolvency or uncertainty of income, inadequate legal documents, short-term stays or lack of an employment record. Moreover, migrants are often asked to provide guarantees that they cannot access in the hosting country. When migrants manage to rent a private home, they are usually requested to pay onerous rents and make advance payments. Migrants may also face discrimination when trying to purchase a property and are sometimes barred by laws and regulations from doing so.
- 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
- Persons on the move
- Year
- 2010
Paragraph
Migration and the right to adequate housing 2010, para. 4
- Paragraph text
- International migrants worldwide are estimated to number over 200 million, representing 3.1 per cent of the world population. Ninety million of them are migrant workers. Forty-eight per cent of all international migrants are women. While the larger proportion of migrants moves from low- and middle-income countries to high-income countries, representing a total flow of 80 million persons, it is estimated that South-South migration accounts for 47 per cent of all migration from the South. Migration between developing countries may be even higher if undocumented migration is considered, as official numbers are for the most part unknown, but it is estimated to be around one third of documented migration.
- 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
- Persons on the move
- Women
- Year
- 2010
Paragraph
The right to adequate housing in disaster relief efforts 2011, para. 19
- Paragraph text
- Recovery efforts, by overlooking or directly discriminating against some groups, can perpetuate and even reinforce pre-existing patterns of vulnerability and disadvantage. This is often the case with women. In the wake of the 2004 Indian Ocean tsunami, it was reported that the international response on many occasions strengthened "those who were better off and/or more articulate … while marginalizing those who had few assets, notably women". Relief efforts and policies, for instance, excluded women from livelihoods assistance and on occasion directly undermined women's pre-existing rights, such as their rights to housing or land in matrilineal communities. When women also happen to have insecure tenure - as they often do because their access to housing and land frequently hinges on a relationship with a man, or because they face additional hurdles as sole head of a household, they are particularly vulnerable.
- 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
- Person(s) affected
- Women
- Year
- 2011
Paragraph
The right to adequate housing in disaster relief efforts 2011, para. 5
- Paragraph text
- The right to adequate housing is most clearly recognized by the International Covenant on Economic, Social and Cultural Rights (article 11). The Committee on Economic, Social and Cultural Rights underlined the importance of interpreting the right in broad terms, identifying seven aspects of the right that States must progressively realize: security of tenure; availability of services, materials, facilities and infrastructure; affordability; habitability; accessibility; location; and cultural adequacy. All the aspects and safeguards pertaining to eviction and resettlement derived from the right are relevant to disaster response, as are the human rights principles of participation and non-discrimination and equality.
- 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
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2011
Paragraph
Migration and the right to adequate housing 2010, para. 46
- Paragraph text
- Violence and forced evictions targeted towards migrants also raise serious concerns in this regard. Migrants living in informal settlements are often victims of forced evictions in the context of urban renewal projects. When no alternative accommodation is provided by the government, undocumented migrants, who often lack access to social security and services, are rendered homeless, forced to move in with friends or relatives or pushed to the outskirts of the city. In some cases, forced evictions are followed by deportation (see A/HRC/14/30, para. 52).
- 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)
- Movement
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
Post conflict and post disaster reconstruction and the right to adequate housing 2011, para. 31
- Paragraph text
- Similar lessons can be learnt from post-disaster situations. Disasters occur in a social context framed by complex issues of power, politics and longstanding vulnerability and poverty, including widespread tenure insecurity. Understanding this complexity is fundamental to developing and implementing successful responses. This is illustrated in the case of Hurricane Mitch in Honduras in October 1998. According to official estimates Hurricane Mitch left 21 cities severely damaged, 82,735 houses damaged, 66,188 houses destroyed and 44,150 people homeless. In addition 123 health centres and 531 roads were damaged and eight health centres and 189 bridges were destroyed. As a result, an estimated 1.5 million people were negatively affected.
- 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
- Humanitarian
- Poverty
- Year
- 2011
Paragraph
Post conflict and post disaster reconstruction and the right to adequate housing 2011, para. 34
- Paragraph text
- A number of successful rehabilitation and reconstruction initiatives in Honduras, where undisputed land was available at a reasonable distance from livelihood opportunities and facilities, illustrated how settlement development could be an appropriate means to support disaster-affected populations and introduce better practices in areas such as site planning, house design, use and production of building materials, water supply and sanitation and environmental protection. Cases such as El Progreso and Choluteca also included direct involvement by local authorities working in collaborating with other support institutions as well as members of the beneficiary community, all with the help of unprecedented levels of support from donors and relief organizations.
- 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
- Humanitarian
- Water & Sanitation
- Person(s) affected
- All
- Year
- 2011
Paragraph
Post conflict and post disaster reconstruction and the right to adequate housing 2011, para. 37
- Paragraph text
- Given the urgent, crisis nature of post-conflict and post-disaster situations, the approach of collecting and analysing detailed information, and of direct participation by the people affected, may seem difficult to achieve. This approach is likely to contradict powerful humanitarian and political pressures that emphasize speedy resettlement, rebuilding and re-housing. In post-conflict and post-disaster situations, "quick wins" easily become equated with rapid physical delivery, often with scant consideration, or even awareness, of possible counterproductive longer-term consequences. Getting "policy choices" right in the field of land and housing requires, in normal circumstances, the undertaking of complex analytical processes. In the midst of crises, the need for speedy decisions and practical livelihood support-oriented action may run counter to the need for caution and for intensive consultation with those directly affected.
- 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
- All
- Year
- 2011
Paragraph
Post conflict and post disaster reconstruction and the right to adequate housing 2011, para. 38
- Paragraph text
- In spite of these challenges, it is very important to ensure that time and opportunity are made for gathering of information, analysis and assessment of policy choices; and for intensive consultation with, and the involvement of, those affected. People directly affected by conflicts and crises are not mere helpless victims. They are invariably the first people "on the scene" and are often the first to take some form of action. In Honduras following the devastation caused by Hurricane Mitch the immediate post-disaster processes of rescue, relief and stabilization were characterized by remarkable personal determination and great displays of social solidarity, with private and public buildings opening their doors to the displaced and homeless. Communities in different parts of the country self-organized and developed their own survival strategies. Citizens joined neighbourhood or community solidarity groups, which, because of insufficient official assistance and their isolation, frequently carried out emergency tasks on their own initiative. Some of the most basic emergency interventions implemented included search and rescue operations, provision of temporary shelter, sanitation programmes such as the disposal of human and animal remains, and the distribution of water, food, blankets, and domestic items. This was in contrast to the Government's response to the crisis which included immediate centralization of State power and, two days later, the announcement that plans to draft a national plan for reconstruction had been initiated, conducted without transparency in a secretive fashion.
- 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
- Person(s) affected
- Persons on the move
- Year
- 2011
Paragraph
The right to adequate housing in disaster relief efforts 2011, para. 64.3
- Paragraph text
- [The Special Rapporteur makes the following recommendations:] The tenure rights of "non-formal owners", namely those without individual, formally registered, property ownership, should be honoured: For those with insecure tenure, measures should aim at strengthening their security of tenure, for instance by granting rights to housing or land at places of origin, either immediately or in incremental stages. When restitution or return is not desirable for the affected persons or is not possible owing to land having disappeared or to compelling safety reasons that prevent the return, alternative housing or land should be granted at another location.
- 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
- All
- Year
- 2011
Paragraph
Post conflict and post disaster reconstruction and the right to adequate housing 2011, para. 39
- Paragraph text
- Research conducted by the Active Learning Network for Accountability and Performance (ALNAP) and the ProVention Consortium in the wake of the 2005 South Asia earthquake found "accumulated evidence that people affected by disasters want to participate fully in the response, even if this means a slower implementation process. However, disbursement pressure - the need to get money out of the door - has in the past partly determined response mechanis."While emphasizing the importance of participation, the study also cautions: "When considering communities […] it is important to remember: not to romanticise the coping capacities and resilience of local people and communities - they often face insurmountable difficulties when responding to major disasters; that often 'communities', particularly in areas of high inequality, are made up of different interest groups, and include marginalised groups who may well have difficulty getting their views represented; cultural 'norms' may also, for example, work against women's 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
- Humanitarian
- Person(s) affected
- Women
- Year
- 2011
Paragraph
The right to adequate housing in disaster relief efforts 2011, para. 56
- Paragraph text
- From a human rights perspective, investment in upgrading settlements characterized by grossly inadequate living conditions as part of disaster response is not only legitimate but also indispensable, bearing in mind the obligation of non discrimination and attention to the most vulnerable. Moreover, for principled and pragmatic reasons, in a number of contexts it would be important to address the situation from a longer-term perspective: in the context of Haiti, this means a focus on improving conditions in settlements not damaged by the disaster (provided they are not in disaster-prone areas) but with the same urbanistic and vulnerability characteristics as those affected by it.
- 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
- Person(s) affected
- All
- Year
- 2011
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
Paragraph
Post conflict and post disaster reconstruction and the right to adequate housing 2011, para. 45
- Paragraph text
- These and other proposals to address housing, land and property rights through the active participation of the affected people, and to build on existing community processes, were not taken up by the transitional authorities or the newly independent Government. In the aftermath of the later wave of violence, destruction and displacement of 2006-7, the need for such involvement became prominently recognised. The five pillars of the National Recovery Strategy included one aimed at building trust within communities and between the people and the Government. This was in the context of urgent attempts to achieve the reintegration and return of IDPs displaced by the violence to their communities, with the incentive of cash compensation from the State with which they could repair their homes or settle in alternative areas in cases where reintegration proved impossible. As part of a Dialogue, Communications and Outreach Programme, dialogue teams were established to manage the necessary conflict resolution, mediation and negotiation processes. This required the participation of local authorities, youth leaders and other groupings. The programme, which was still continuing in some communities in May 2010, incorporated the use of customary dispute resolution practices and peacebuilding ceremonies. It is widely regarded as having been successful and necessary for peacebuilding and the safe return of IDPs. Women reportedly participated far more actively than men in the community dialogue and reconciliation process. This was in contrast to the compensation payment process, which had been male-dominated.
- 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
- Violence
- Person(s) affected
- Persons on the move
- Women
- Year
- 2011
Paragraph
Post conflict and post disaster reconstruction and the right to adequate housing 2011, para. 57
- Paragraph text
- Given the lessons of the past two decades, and the institutional reforms already initiated, humanitarian agencies, and one would assume bilateral donors, are now much more aware of the risk of doing unintended long-term harm through well-meaning early action which ends up increasing the vulnerability of the poor. In the area of the right to adequate housing and particularly on the issues of security of tenure, location, cultural adequacy and availability of services, facilities and infrastructure, at least, the time has come for "Do no harm" guidelines to move to a next step where specific tools for timely analysis and proactive interventions ("Do the right thing") are provided at the field 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)
- Equality & Inclusion
- Humanitarian
- Poverty
- Person(s) affected
- All
- Year
- 2011
Paragraph
Post conflict and post disaster reconstruction and the right to adequate housing 2011, para. 5
- Paragraph text
- Armed conflicts and natural disasters are a massive and growing problem worldwide. They have devastating consequences for the people affected and cause daunting challenges on a massive scale. Each year conflicts result in dislocation for hundreds of thousands of people. According to calculations by the Office of the United Nations High Commissioner for Refugees (UNHCR), the total number of people forcibly uprooted through conflict and persecution stood at 43.3 million at the end of 2009, "the highest number since the mid-1990s". This included 15.2 million refugees, 983,000 asylum seekers, and 27.1 million internally displaced persons (IDPs). At the same time the world is facing natural disasters on an unprecedented scale. During the period 2000-2008 an average of 392 disasters per year occurred worldwide. During 2009 a total of 335 disasters were reported, killing 10,655 and affecting more than 119 million persons, and causing more than US$41.3 billion in damages.
- 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
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2011
Paragraph
Post conflict and post disaster reconstruction and the right to adequate housing 2011, para. 7
- Paragraph text
- The impacts of both conflicts and disasters for the individuals, families and communities affected can be devastating. These include the loss of life and livelihoods; destruction of homes, property and infrastructure; disruption or termination of essential services; and the prolonged and sometimes even permanent forced displacement from land, home and community. Although wealth and power do not offer any immunity from these impacts, it is in most cases the poor and socially disadvantaged who are worst affected; and it is also they who are least able to withstand economic shocks and so generally take the longest to recover.
- 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
- Poverty
- Person(s) affected
- Families
- Year
- 2011
Paragraph
Post conflict and post disaster reconstruction and the right to adequate housing 2011, para. 8
- Paragraph text
- The poor often stand to lose most in disaster contexts because they often have to settle on fragile and exposed land that is highly susceptible to the effects of disasters. When a disaster strikes, their pre-existing vulnerabilities are exacerbated, with women, children and marginalized groups bearing the brunt of the impact. After the disaster, the poor often also find their attempts to return to their homes officially denied on the grounds that return would be unsafe, and/or not permissible as they did not have official proof of a right to live there in the first place. This can have dramatic consequences for the livelihoods of individuals, families and entire communities. In the case of conflicts, the displacement and dispossession of specific groups are often deliberate strategies of one group or side in the conflict against another. This can result in the total destruction and/or secondary occupation of their lands and homes, and obstruction of their attempts to return and reclaim what was theirs.
- 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
- Humanitarian
- Poverty
- Person(s) affected
- Children
- Women
- Year
- 2011
Paragraph
Post conflict and post disaster reconstruction and the right to adequate housing 2011, para. 10
- Paragraph text
- Since the 1990s there has been a growing recognition of the importance of adopting a human rights approach (and the use of human rights enforcement mechanisms) in the resolution of conflicts and peacebuilding. The Secretary-General emphasized that the promotion of human rights is the common thread in the Organization's work in peace and security: "Human rights bodies are involved in early-warning and preventive activities, and human rights considerations are increasingly embodied in our response to crises." He also announced that the United Nations had commenced implementation of a rights-based approach to development, which "describes situations not simply in terms of human needs, or of developmental requirements, but in terms of society's obligation to respond to the inalienable rights of individuals. It empowers people to demand justice as a right, not as charity, and gives communities a moral basis from which to claim international assistance where needed". He then issued guidelines to his Special Representatives on how human rights standards should guide peace negotiations. In 2000 the Report on the Panel on United Nations Peace Operations (the "Brahimi Report") emphasized the importance of incorporating human rights into the work of peace missions. The Panel's key recommendations on a peacebuilding strategy for the United Nations included "a doctrinal shift in the use of civilian police, other rule of law elements and human rights experts in complex peace operations to reflect an increased focus on strengthening rule of law institutions and improving respect for human rights in post-conflict environments". It also recommended that "the ability of the Office of the United Nations High Commissioner for Human Rights to plan and support the human rights components of peace operations needs to be reinforced".
- 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
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Post conflict and post disaster reconstruction and the right to adequate housing 2011, para. 11
- Paragraph text
- Another important development was the formulation of the Principles on Housing and Property Restitution for Refugees and Displaced Persons, generally known as the "Pinheiro Principles". These were the culmination of a shift that commenced in the early 1990s "from what were essentially humanitarian-driven responses to voluntary repatriation to more rights-based approaches to return […] increasingly grounded in the principle of restorative justice and of restitution as a legal remedy which can support refugees and internally displaced persons in their choice of a durable solution (whether return, resettlement or local integration)".
- 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
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2011
Paragraph
Women and their right to adequate housing 2012, para. 11
- Paragraph text
- The e-consultation highlighted a host of issues which continue to impact the ability of women to enjoy their right to adequate housing or which otherwise have a disproportionate gender impact. In all regions, patriarchy and gender discrimination; poverty; and the impact of globalization, neo-liberal economic policies and privatization surfaced as overarching issues of concern which set the stage for violations of women's right to adequate housing. More specifically, the impact of natural and human-induced disasters, conflict and internal displacement, war and occupation, lack of affordable and low-cost housing, forced evictions, homelessness, domestic violence, lack of women's participation in law and policy-making, lack of access to remedies, inadequate and discriminatory laws, and the application of discriminatory customary law, all emerged as relevant barriers to women's right to adequate housing across regions.
- 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
- Gender
- Movement
- Social & Cultural Rights
- Person(s) affected
- Women
- Year
- 2012
Paragraph
Women and their right to adequate housing 2012, para. 12
- Paragraph text
- Concerns also emerged which were more regionally specific. In Africa, urbanization, climate change, low levels of financial literacy amongst women, and the rising number of female headed households all emerged as key issues affecting the status of women's right to adequate housing in the African continent today. In Asia, as well as in Africa, the consultation revealed how women are negatively affected by the impact of the agrarian crisis, as well as by "land grabbing", further limiting women's already precarious access to, and control over, land and other natural resources. The e-consultation in Eastern and Central Europe highlighted the importance of recognizing intersectional discrimination as it affects certain groups of women, in particular vis-à-vis the segregation of Roma communities. In the Middle East and North Africa, lack of law enforcement; conflict and occupation; and discrimination against minorities all negatively impact women's right to adequate housing. In Western Europe and North America, key issues highlighted included inadequate supply of public housing and lack of government assistance for housing; lack of affordable housing; domestic violence; and discrimination against women on public assistance, women with disabilities, and women belonging to racial/ethnic minorities, including Indigenous women. And in Latin America, where the e-consultation highlighted many of the issues already mentioned - including discrimination in matters related to housing against indigenous and Afro-descendant women, lack of access to justice, and domestic violence - participants also highlighted the need for better statistical information related to women and housing, as well as the urgent need to close the implementation gap between policy and practice.
- 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
- Gender
- Person(s) affected
- Ethnic minorities
- Women
- Year
- 2012
Paragraph
Women and their right to adequate housing 2012, para. 30
- Paragraph text
- Each of these advancements in law and policy represents an important achievement which ought to be celebrated. Yet, women throughout the world continue to face entrenched de jure and de facto barriers to the realization and enjoyment of this right. When it comes to women's right to adequate housing, much more needs to be done to ensure the effective domestication of human rights standards and the harmonization of national legislative frameworks with those international standards. In addition, the conceptual tensions which exist between "progressive realization" on the one hand (which is applicable to the achievement of substantive rights contained within the International Covenant on Economic, Social and Cultural Rights versus the immediate obligation of States to ensure that women enjoy their rights to non-discrimination and equality on the other (as guaranteed under both the Covenant and the Convention on the Elimination of All Forms of Discrimination against Women, as well as other relevant treaties) must be addressed.
- 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
- Gender
- Person(s) affected
- Women
- Year
- 2012
Paragraph
Women and their right to adequate housing 2012, para. 31
- Paragraph text
- It is clear that the legal and policy barriers to women's enjoyment of their right to adequate housing must be removed, and replaced by laws, policies and programming which take a focused and proactive approach. Legislative and policy measures must be put in place at national and regional levels explicitly prioritizing women's right to adequate housing. In order to assist States and other relevant actors in the development of gender-sensitive housing law, policy, and programming, the Special Rapporteur takes this opportunity to provide some guidance on a gender perspective on the elements of the right to adequate housing, through a gendered lens.
- 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
- Gender
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 2012
Paragraph
Women and their right to adequate housing 2012, para. 32
- Paragraph text
- Security of tenure, as a cornerstone element of the right to adequate housing, provides legal protection against forced eviction, as well as harassment and other threats. For women, security of tenure is too often tenuous and secondary because it is assumed to be achieved through their relationship with a male - be it their husband, father, brother, or son. This situation falls far short of the standard, and gaps in protection are easily exposed. For many women, once that relationship with a male family member is severed through death or divorce, they are immediately vulnerable to being forced out of their homes. As we know, this is the case for widows who are routinely "disinherited" after the death of their husbands, as well as for women victims of domestic violence where a woman's housing situation depends on her relationship to her abuser.
- 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
- Violence
- Person(s) affected
- Families
- Women
- Year
- 2012
Paragraph