They provide detailed guidance to States, regional and local Governments and other actors on the procedural standards that should be upheld prior to, during and after evictions and specify required remedies for any evictions carried out, such as resettlement and rehabilitation monitoring and follow up. The Basic Principles and Guidelines have been developed to assist States in developing policies and legislation to prevent forced evictions at the domestic level.
Unofficial t ranslations into other languages:īengali | Gujarati | Hindi | Japanese | Kannada | Kazakh | Khmer | Myanmar | Oriya | Portuguese | Serbian | Tajik | Telugu | Tetum | Turkish | Urdu In 2007, the Special Rapporteur on adequate housing presented to the Human Rights Council a set of "Basic principles and guidelines on development-based evictions and displacement" (A/HRC/4/18, Annex I) setting out in more detail international human rights standards that must be upheld in such contexts. The Committee furthermore underlined that individuals affected by evictions orders have a right to adequate compensation for any loss of property and that evictions should never result in individuals being rendered homeless or vulnerable to the violation of other human rights.īasic principles and guidelines on development-based evictions and displacement Furthermore several procedural protections should be applied before any eviction is carried out, including genuine consultation with those affected adequate and reasonable notice for all affected persons prior to the scheduled date of eviction the provision of legal remedies and legal aid to persons who are in need of it to seek redress from the courts. States should adopt legislation to prohibit forced evictions and ensure that, prior to carrying out any evictions, all feasible alternatives are explored in consultation with the affected persons.
Land of human japanese translation full#
The general comment specifies that evictions should only be carried in exceptional circumstances, and in full accordance with relevant provisions of international human rights and humanitarian law.
In 1997, the Committee on Economic, Social and Cultural Rights issued its General Comment n° 7 on forced evictions. In its resolution 1993/77, the Commission on Human Rights stated that the "practice of forced eviction constitutes a gross violation of human rights, in particular of the right to adequate housing". 3), the non-discrimination provisions found in article 14, paragraph 2 (h), of the Convention on the Elimination of All Forms of Discrimination against Women, and article 5 (e) of the International Convention on the Elimination of All Forms of Racial Discrimination. 17, 23 and 27) the Convention on the Rights of the Child (art. 1), the International Covenant on Civil and Political Rights (art. The obligation of States to refrain from, and protect against, forced evictions from home(s) and land arises from several international legal instruments including the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights (art. Evictions must comply with human rights law Forced evictions intensify inequality, social conflict, segregation and invariably affect the poorest, most socially and economically vulnerable and marginalized sectors of society, especially women, children, minorities and indigenous peoples. Homelessness, destitution and other consequencesĪs a result of forced evictions, people are often left homeless and destitute, without means of earning a livelihood and often with no effective access to legal or other remedies. Definitionįorced evictions can be broadly defined as the permanent or temporary removal against their will of individuals, families and/or communities from the homes and/or land which they occupy, without the provision of, and access to, appropriate forms of legal or other protection. Forced evictions share many consequences similar to those resulting from arbitrary displacement, including population transfer, mass expulsions, mass exodus, ethnic cleansing and other practices involving the coerced and involuntary displacement of people from their lands and communities. Forced evictions constitute gross violations of a range of internationally recognized human rights, including the human rights to adequate housing, food, water, health, education, work, security of the person, freedom from cruel, inhuman and degrading treatment, and freedom of movement.įorced evictions are often linked to the absence of legally secure tenure, which constitutes an essential element of the right to adequate housing.
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