1. The Right to Adequate Housing in International Human Rights Law
Centre on Housing Rights and Evictions

3. Structure of Session Nature of State Obligations
The Right to Adequate Housing
Prohibition of Forced Evictions
Legal Evictions

4. ESC Rights – Nature of State Obligations
Art. 2 (1) ICESCR:
Each party..“To take steps … to the maximum of available resources”
“with a view to achieving progressively the full realisation (progressive realisation)”...of the rights
“by all appropriate means including the adoption of legislative measures”

5. ESC Rights – Nature of State Obligations: Progressive Realisation
“Progressive realisation” as defined in General Comment No 3: Nature of States parties obligations (1990)
1. Contains “an obligation to move as expeditiously and effectively as possible towards (the) goal” of full realisation of the Covenant rights.
2. Therefore, “Any deliberately retrogressive measures (…) would require the most careful consideration and would need to be fully justified by reference to the totality of the rights provided for in the Covenant (…)”.

6. ESC Rights – Nature of State Obligations: Respect, protect, fulfill
Government should refrain from interfering with enjoyment of existing level of rights
Protect:
Government should prevent violations by third parties
Fulfill:
Government should adopt appropriate legislation and policy measures to move towards full realization of the right

7. The Right to Adequate Housing
International Covenant on Economic, Social and Cultural Rights, Article 11(1) states :
‘The States Parties recognise the right of everyone to an adequate standard of living for himself and for his family (sic), including adequate food, clothing and housing and to the continuous improvement of living conditions.’

8. The Right to Adequate Housing Right to Adequate Housing
International Covenant on Economic, Social and Cultural Rights, Article 11(1) states :
‘The state parties recognise the right of everyone to an adequate standard of living for himself and for his family (sic), including adequate food, clothing and housing and to the continuous improvement of living conditions.’
General Comment No 4:
Right to Adequate Housing
Adopted on 12 December 1991, Committee on Economic, Social and Cultural Rights

9. General Comment No 4: Elements to Adequate Housing
Legal security of tenure
Availability of services, materials, facilities, infrastructure
Affordability
Habitability
Accessibility
Location
Cultural Adequacy

10. Prohibition of Forced Evictions
General Comment No 7: The Right to Adequate Housing: Forced Evictions
Adopted on 20 May 1997, Committee on Economic, Social and Cultural Rights
Forced evictions are:
‘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.’

11. Prohibition of Forced Evictions
The removal of a person from his/her home is a ‘deliberately retrogressive measure’ (General Comment 3)
It therefore needs to be ‘fully justified by reference to the totality of the rights provided for in the Covenant’ (General Comment 3)
If it is not fully justified, the removal happens ‘without the provision of, and access to, appropriate forms of legal or other protection.’ (General Comment 7)
It is then a forced eviction, in contravention of the obligations contained in Art. 11 (1) ICESCR

12. General Comment No 7: Forced evictions
Legal Evictions
General Comment No 7: Forced evictions
“… forced evictions are prima facie incompatible with the requirements of the Covenant.”
“The prohibition on forced evictions does not, however, apply to evictions carried out by force in accordance with the law and in conformity with the provisions of the International Covenants on Human Rights.”

13. Legal Evictions: Requirements under international human rights law
The eviction has to be justified
Rights before the eviction need to be respected
Rights during the eviction need to be respected
Rights after the eviction need to be respected

14. Legal Evictions: Justification for an eviction
When can evictions be allowed?
Genuine public interest or other very good reason
All other possibilities to avoid eviction did not work

15. Legal Evictions: Rights before an eviction
Government duties before an eviction
Consultation
Information about the eviction
Adequate and reasonable notice
Fair and just compensation

16. Legal Evictions: Rights during an eviction
Government duties during an eviction
Government official present during the eviction
People carrying out the eviction should identify themselves
Eviction should take place at a safe time
Violence should be avoided

17. Legal Evictions: Rights after an eviction
Government duties after an eviction
People should be able to obtain adequate alternative housing after the eviction (either through onsite upgrading, relocation or adequate compensation)
People should not be homeless as a result of the eviction

18. Examples of Best Practices
Naga, City, Philippines
Approach is of “partner-beneficiary” perspective
1. Empowerment Ordinance of 1997
-established a system of partnership with Pos and their allied NGOs into
The city peoples council
-appoint CSO reps to special units of the city government
2. Naga City Partners in development programme
-one simple, single criterion – presence of a land tenure problem
-city allocated 10% of its budget to solve security of land tenure among
Urban poor and the lack of basic infrastructure in their communities
-focused on land acquisition for urban poor and onsite upgrading
3. Setting up of Urban Poor Affairs Office

19. Examples of Best Practices
Montevideo, Uruguay (Maximo Tajes settlement)
-City general policy not to forcibly evict any residents off municipal lands
-If eviction could not be avoided, policy is to relocate to other sites in the
same neighborhood (right to the city concept)
-Land and Housing Service arranges arbitration process between the
Municipality and residents (to avoid expensive court action)
-A relocation programme in 3 sites was designed in mutual agreement
With the community
-Community provide labor to build new houses
- Diaologues organized by government to mediate between new
Residents and old wealthy residents
-short term ban on resale of house