Adequate Housing as A Component of The Right to An Adequate Standard of Living, And Non-Discrimination
The Human Rights Council, in its resolution 15/8, requested the Special Rapporteur to emphasize practical solutions for the implementation of the right to adequate housing.
In her first report on this subject, the Special Rapporteur identified the global tenure insecurity crisis as a challenge deserving specific attention (A/HRC/22/46).
In the present report, she offers some guiding principles to address urban tenure insecurity.
These principles are informed by several responses from States to questionnaires, as well as thematic and regional consultations with various stakeholders, and comments and input from civil society organizations. The Rapporteur wishes to express her appreciation for all contributions.
In the last decade, States’ obligations to respect, protect and fulfil the right to adequate housing have been elucidated, including through legislation and case law at national and regional level.
Internationally, in 2007, the previous Special Rapporteur in his report (A/HRC/4/18) presented the basic principles and guidelines on development-based evictions and displacement (“Basic Principles”).
In 2012, member States of the Committee on World Food Security adopted by consensus the Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security. In the humanitarian context, in 2005 the Principles on Housing and Property Restitution for Refugees and Displaced Persons were developed (E/CN.4/Sub.2/2005/17).
The present report reflects and builds upon these instruments, focusing in particular on urban tenure security, to fill an important gap in human rights guidance.
Consistent with international human rights law, these principles give guidance on existing human rights standards as they pertain to housing and land tenure.
Nothing in these principles should be read as limiting or undermining the existing human rights obligations of States or other actors. Accordingly, the Special Rapporteur wishes to suggest