|
|
Kenya, evicted communities forced to cook outside
|
Legal Resources on Forced Evictions
A review of the international legal standards
There are a number of international legal standards that oblige States to prevent forced evictions or to remedy the consequences of past evictions. Additionally, there are numerous statements of principle, often adopted by the consensus of the international
community. These statements not only condemn the practice of forced eviction
generally, but also are intended to either prevent specific planned evictions, condemn
specific past evictions or both. In addition, at the national level, there are a number of
exemplary constitutions and laws and a growing jurisprudence that protect and
promote the right to adequate housing and the right to protection against forced
evictions.
Over the years, several United Nations bodies, including the UN Commission on Human
Rights, have developed consistent standards unequivocally stating that forced evictions
constitute grave violations of human rights, particularly the right to adequate housing.
Indeed, bodies such as the UN Committee on Economic, Social and Cultural rights have
increasingly developed the practice of declaring certain countries to have violated the rights
of their residents because of forced evictions. The use of international standards and
mechanisms has resulted increasingly in preventing large-scale planned evictions.
|
|
|
|
| COHRE Resource on Forced Evictions |
Sources No. 3: Forced Evictions and Human Rights: A Manual for Action
Includes information about international standards and statements of principle addressing the practice of forced eviction.
 download pdf [en]
|
Top of Page | Page Contents
Top of Page | Page Contents
International Covenant on Civil and Political Rights
The International Covenant on Civil and Political Rights states that "no one shall be subjected to arbitrary or unlawful interference with his [or her] … home" and that "everyone has the right to the protection of the law against such interference."
Convention Against Torture and Other Forms of Cruel, Inhuman or Degrading
Treatment or Punishment
This Convention prohibits "acts of cruel, inhuman or degrading treatment or
punishment." The Committee Against Torture has held that forced evictions may
indeed constitute cruel or inhuman treatment in violations of the Convention Against
Torture and Other Forms of Cruel, Inhuman or Degrading Treatment or Punishment.
European Convention on Human Rights and its Protocol No. 1
This Convention states that "everyone has the right to respect for his [or her] … home"
and that "there shall be no interference by a public authority with the exercise of this
right except such as is in accordance with the law and is necessary in a democratic
society in the interests of national security, public
safety or the economic well-being of the country, for the prevention of disorder or
crime, for the protection of health or morals, or for the protection of the rights and
freedoms of others." Additionally, Protocol No. 1 to the European Convention states
that "every natural or legal person is entitled to the peaceful enjoyment of his [or her]
possessions." The European Court of Human Rights has held these rights to be violated
by the practice of forced eviction.
African Charter on Human and Peoples' Rights
The African Charter guarantees the right to property, the right to protection of the
family and the right to the best attainable state of health. The African Commission on
Human and Peoples' Rights has held that these rights imply a right to adequate housing,
including the prohibition on forced eviction.
|
Top of Page | Page Contents
Commission on Human Rights Resolution 2004/28
Commission on Human Rights Resolution 2004/28 on the Prohibition of Forced
Evictions. The Commission on Human Rights is the world's most important human rights body.
While resolutions adopted by this body are not per se legally binding on governments,
they are considered important normative standards and they possess political legitimacy
as they are adopted by governments. The Commission's Resolution on April 16, 2004
(2004/28) reaffirmed the practice of forced eviction constitutes a grave violation of
human rights, and "strongly urges Governments to undertake immediately measures, at
all levels, aimed at eliminating the practice of forced evictions."
|
Top of Page | Page Contents
Top of Page | Page Contents
Sub Commission on the Protection of Minorities
The U N Sub-Commission on Prevention of Discrimination and Protection of Minorities
adopted a number of important resolutions on forced evictions during the 1990s:
1998/9, 1997/6, 1996/27, 1995/29, 1994/39, 1991/12. The Sub-Commission's
Resolution 1998/9: "Reaffirms that the practice of forced eviction constitutes a gross
violation of a broad range of human rights, in particular the right to adequate housing,
the right to remain, the right to freedom of movement, the right to privacy, the right to
security of the home, the right to security of tenure, the right to food and a variety of
additional rights."
|
Top of Page | Page Contents
|
|
