Right to adequate housing |
UDHR
Universal Declaration of human rights |
25.1
Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.1
States should provide and maintain policy, legal and organizational frameworks that promote responsible governance of tenure of land, fisheries and forests. These frameworks are dependent on, and are
supported by broader reforms to the legal system, public service and judicial authorities
|
Right to adequate housing |
UDHR
Universal Declaration of human rights |
25.1
Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.3
States should ensure that policy, legal and organizational frameworks for tenure governance recognize and respect, in accordance with
national laws, legitimate tenure rights including legitimate customary tenure rights that are not currently protected by law; and facilitate, promote and protect the exercise of tenure rights. Frameworks should reflect the social, cultural, economic and environmental significance of land, fisheries and forests. States should provide frameworks that are non-discriminatory and promote social equity and gender equality.
Frameworks should reflect the interconnected relationships between land, fisheries and forests and their uses, and establish an integrated approach to their administration
|
Right to adequate housing |
ICESCR
International Covenant of Economic Social and Cultural rights |
11.1
The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. The States Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international cooperation based on free consent
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.1
States should provide and maintain policy, legal and organizational frameworks that promote responsible governance of tenure of land, fisheries and forests. These frameworks are dependent on, and are
supported by broader reforms to the legal system, public service and judicial authorities
|
Right to adequate housing |
ICESCR
International Covenant of Economic Social and Cultural rights |
11.1
The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. The States Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international cooperation based on free consent
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.3
States should ensure that policy, legal and organizational frameworks for tenure governance recognize and respect, in accordance with
national laws, legitimate tenure rights including legitimate customary tenure rights that are not currently protected by law; and facilitate, promote and protect the exercise of tenure rights. Frameworks should reflect the social, cultural, economic and environmental significance of land, fisheries and forests. States should provide frameworks that are non-discriminatory and promote social equity and gender equality.
Frameworks should reflect the interconnected relationships between land, fisheries and forests and their uses, and establish an integrated approach to their administration
|
Right to adequate housing |
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination |
5.e.iii
In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights: [..] (e) Economic, social and cultural rights, in particular: [..] (iii) The right to housing
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.1
States should provide and maintain policy, legal and organizational frameworks that promote responsible governance of tenure of land, fisheries and forests. These frameworks are dependent on, and are
supported by broader reforms to the legal system, public service and judicial authorities
|
Right to adequate housing |
ICERD
International Convention on the Elimination of All Forms of Racial Discrimination |
5.e.iii
In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights: [..] (e) Economic, social and cultural rights, in particular: [..] (iii) The right to housing
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.3
States should ensure that policy, legal and organizational frameworks for tenure governance recognize and respect, in accordance with
national laws, legitimate tenure rights including legitimate customary tenure rights that are not currently protected by law; and facilitate, promote and protect the exercise of tenure rights. Frameworks should reflect the social, cultural, economic and environmental significance of land, fisheries and forests. States should provide frameworks that are non-discriminatory and promote social equity and gender equality.
Frameworks should reflect the interconnected relationships between land, fisheries and forests and their uses, and establish an integrated approach to their administration
|
Right to adequate housing |
ICEDAW
International Convention on the Elimination of All Forms of Discrimination Against Women |
12.2.h
States Parties shall undertake all appropriate measures to eliminate discrimination against women in rural areas in order to ensure, on a basis of equality of men and women, that they participate in and benefit from rural development and, in particular, shall ensure to such women the right … (h) to enjoy adequate living conditions, particularly in relation to housing, sanitation, electricity and water supply, transport and communications
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.1
States should provide and maintain policy, legal and organizational frameworks that promote responsible governance of tenure of land, fisheries and forests. These frameworks are dependent on, and are
supported by broader reforms to the legal system, public service and judicial authorities
|
Right to adequate housing |
ICEDAW
International Convention on the Elimination of All Forms of Discrimination Against Women |
12.2.h
States Parties shall undertake all appropriate measures to eliminate discrimination against women in rural areas in order to ensure, on a basis of equality of men and women, that they participate in and benefit from rural development and, in particular, shall ensure to such women the right … (h) to enjoy adequate living conditions, particularly in relation to housing, sanitation, electricity and water supply, transport and communications
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.3
States should ensure that policy, legal and organizational frameworks for tenure governance recognize and respect, in accordance with
national laws, legitimate tenure rights including legitimate customary tenure rights that are not currently protected by law; and facilitate, promote and protect the exercise of tenure rights. Frameworks should reflect the social, cultural, economic and environmental significance of land, fisheries and forests. States should provide frameworks that are non-discriminatory and promote social equity and gender equality.
Frameworks should reflect the interconnected relationships between land, fisheries and forests and their uses, and establish an integrated approach to their administration
|
Right to adequate housing |
ICRPD
International Convention on the Rights of Persons with Disabilities |
28.1
States Parties recognize the right of persons with disabilities to an adequate standard of living for themselves and their families, including adequate food, clothing and housing, and to the continuous improvement of living conditions, and shall take appropriate steps to safeguard and promote the realization of this right without discrimination on the basis of disability.
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.1
States should provide and maintain policy, legal and organizational frameworks that promote responsible governance of tenure of land, fisheries and forests. These frameworks are dependent on, and are
supported by broader reforms to the legal system, public service and judicial authorities
|
Right to adequate housing |
ICRPD
International Convention on the Rights of Persons with Disabilities |
28.1
States Parties recognize the right of persons with disabilities to an adequate standard of living for themselves and their families, including adequate food, clothing and housing, and to the continuous improvement of living conditions, and shall take appropriate steps to safeguard and promote the realization of this right without discrimination on the basis of disability.
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.3
States should ensure that policy, legal and organizational frameworks for tenure governance recognize and respect, in accordance with
national laws, legitimate tenure rights including legitimate customary tenure rights that are not currently protected by law; and facilitate, promote and protect the exercise of tenure rights. Frameworks should reflect the social, cultural, economic and environmental significance of land, fisheries and forests. States should provide frameworks that are non-discriminatory and promote social equity and gender equality.
Frameworks should reflect the interconnected relationships between land, fisheries and forests and their uses, and establish an integrated approach to their administration
|
Right to adequate housing |
ICRMW
International Convention on the Protection of The Rights of All Migrant Workers and Members of Their Families |
43.1.d
Migrant workers shall enjoy equality of treatment with nationals of the State of employment in relation to … (d) Access to housing, including social housing schemes, and protection against exploitation in respect of rents. NB: As spelt out in article 36 of the ICRMW, this right applies to migrant workers and members of their families who are documented or in a regular situation in the State of employment
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.1
States should provide and maintain policy, legal and organizational frameworks that promote responsible governance of tenure of land, fisheries and forests. These frameworks are dependent on, and are
supported by broader reforms to the legal system, public service and judicial authorities
|
Right to adequate housing |
ICRMW
International Convention on the Protection of The Rights of All Migrant Workers and Members of Their Families |
43.1.d
Migrant workers shall enjoy equality of treatment with nationals of the State of employment in relation to … (d) Access to housing, including social housing schemes, and protection against exploitation in respect of rents. NB: As spelt out in article 36 of the ICRMW, this right applies to migrant workers and members of their families who are documented or in a regular situation in the State of employment
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.3
States should ensure that policy, legal and organizational frameworks for tenure governance recognize and respect, in accordance with
national laws, legitimate tenure rights including legitimate customary tenure rights that are not currently protected by law; and facilitate, promote and protect the exercise of tenure rights. Frameworks should reflect the social, cultural, economic and environmental significance of land, fisheries and forests. States should provide frameworks that are non-discriminatory and promote social equity and gender equality.
Frameworks should reflect the interconnected relationships between land, fisheries and forests and their uses, and establish an integrated approach to their administration
|
Right to adequate housing |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
24
1. Peasants and other people working in rural areas have the right to adequate housing. They have the right to sustain a secure home and community in which to live in peace and dignity, and the right to non-discrimination in this context. 2. Peasants and other people working in rural areas have the right to be protected against forced eviction from their home, harassment and other threats. 3. States shall not, arbitrarily or unlawfully, either temporarily or permanently, remove peasants or other people working in rural areas against their will from the homes or
land that they occupy without providing or affording access to appropriate forms of legal or other protection. When eviction is unavoidable, the State must provide or ensure fair and just compensation for any material or other losses.
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.1
States should provide and maintain policy, legal and organizational frameworks that promote responsible governance of tenure of land, fisheries and forests. These frameworks are dependent on, and are
supported by broader reforms to the legal system, public service and judicial authorities
|
Right to adequate housing |
UNDROP
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas |
24
1. Peasants and other people working in rural areas have the right to adequate housing. They have the right to sustain a secure home and community in which to live in peace and dignity, and the right to non-discrimination in this context. 2. Peasants and other people working in rural areas have the right to be protected against forced eviction from their home, harassment and other threats. 3. States shall not, arbitrarily or unlawfully, either temporarily or permanently, remove peasants or other people working in rural areas against their will from the homes or
land that they occupy without providing or affording access to appropriate forms of legal or other protection. When eviction is unavoidable, the State must provide or ensure fair and just compensation for any material or other losses.
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.3
States should ensure that policy, legal and organizational frameworks for tenure governance recognize and respect, in accordance with
national laws, legitimate tenure rights including legitimate customary tenure rights that are not currently protected by law; and facilitate, promote and protect the exercise of tenure rights. Frameworks should reflect the social, cultural, economic and environmental significance of land, fisheries and forests. States should provide frameworks that are non-discriminatory and promote social equity and gender equality.
Frameworks should reflect the interconnected relationships between land, fisheries and forests and their uses, and establish an integrated approach to their administration
|
Right to adequate housing |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
10
Indigenous peoples shall not be forcibly removed from their lands or territories. No relocation shall take place without the free, prior and informed consent of the indigenous peoples concerned and after agreement on just and fair
compensation and, where possible, with the option of return.
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.1
States should provide and maintain policy, legal and organizational frameworks that promote responsible governance of tenure of land, fisheries and forests. These frameworks are dependent on, and are
supported by broader reforms to the legal system, public service and judicial authorities
|
Right to adequate housing |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
10
Indigenous peoples shall not be forcibly removed from their lands or territories. No relocation shall take place without the free, prior and informed consent of the indigenous peoples concerned and after agreement on just and fair
compensation and, where possible, with the option of return.
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.3
States should ensure that policy, legal and organizational frameworks for tenure governance recognize and respect, in accordance with
national laws, legitimate tenure rights including legitimate customary tenure rights that are not currently protected by law; and facilitate, promote and protect the exercise of tenure rights. Frameworks should reflect the social, cultural, economic and environmental significance of land, fisheries and forests. States should provide frameworks that are non-discriminatory and promote social equity and gender equality.
Frameworks should reflect the interconnected relationships between land, fisheries and forests and their uses, and establish an integrated approach to their administration
|
Right to adequate housing |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
21.1
Indigenous peoples have the right, without discrimination, to the improvement of their economic and social conditions, including, inter alia, in the areas of education, employment, vocational training and retraining, housing, sanitation, health and social security.
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.1
States should provide and maintain policy, legal and organizational frameworks that promote responsible governance of tenure of land, fisheries and forests. These frameworks are dependent on, and are
supported by broader reforms to the legal system, public service and judicial authorities
|
Right to adequate housing |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
21.1
Indigenous peoples have the right, without discrimination, to the improvement of their economic and social conditions, including, inter alia, in the areas of education, employment, vocational training and retraining, housing, sanitation, health and social security.
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.3
States should ensure that policy, legal and organizational frameworks for tenure governance recognize and respect, in accordance with
national laws, legitimate tenure rights including legitimate customary tenure rights that are not currently protected by law; and facilitate, promote and protect the exercise of tenure rights. Frameworks should reflect the social, cultural, economic and environmental significance of land, fisheries and forests. States should provide frameworks that are non-discriminatory and promote social equity and gender equality.
Frameworks should reflect the interconnected relationships between land, fisheries and forests and their uses, and establish an integrated approach to their administration
|
Right to adequate housing |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
23
Indigenous peoples have the right to determine and develop priorities and strategies for exercising their right to development. In particular, indigenous peoples have the right to be actively involved in developing and determining health, housing and other economic and social programmes affecting them and, as far as possible, to administer such programmes through their own institutions.
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.1
States should provide and maintain policy, legal and organizational frameworks that promote responsible governance of tenure of land, fisheries and forests. These frameworks are dependent on, and are
supported by broader reforms to the legal system, public service and judicial authorities
|
Right to adequate housing |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
23
Indigenous peoples have the right to determine and develop priorities and strategies for exercising their right to development. In particular, indigenous peoples have the right to be actively involved in developing and determining health, housing and other economic and social programmes affecting them and, as far as possible, to administer such programmes through their own institutions.
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.3
States should ensure that policy, legal and organizational frameworks for tenure governance recognize and respect, in accordance with
national laws, legitimate tenure rights including legitimate customary tenure rights that are not currently protected by law; and facilitate, promote and protect the exercise of tenure rights. Frameworks should reflect the social, cultural, economic and environmental significance of land, fisheries and forests. States should provide frameworks that are non-discriminatory and promote social equity and gender equality.
Frameworks should reflect the interconnected relationships between land, fisheries and forests and their uses, and establish an integrated approach to their administration
|
Right to adequate housing |
ILO C169
Indigenous and Tribal Peoples Convention, 1989 (no.169) – ILO 169 |
16
1. Subject to the following paragraphs of this Article, the peoples concerned shall not be removed from the lands which they occupy.
2. Where the relocation of these peoples is considered necessary as an exceptional measure, such relocation shall take place only with their free and informed consent. Where their consent cannot be obtained, such relocation shall take place only following appropriate procedures established by national laws and regulations, including public inquiries where appropriate, which provide the opportunity for effective representation of the peoples concerned.
3. Whenever possible, these peoples shall have the right to return to their traditional lands, as soon as the grounds for relocation cease to exist.
4. When such return is not possible, as determined by agreement or, in the absence of such agreement, through appropriate procedures, these peoples shall be provided in all possible cases with lands of quality and legal status at least equal to that of the lands previously occupied by them, suitable to provide for their present needs and future development. Where the peoples concerned express a preference for compensation in money or in kind, they shall be so compensated under appropriate guarantees.
5. Persons thus relocated shall be fully compensated for any resulting loss or injury.
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.1
States should provide and maintain policy, legal and organizational frameworks that promote responsible governance of tenure of land, fisheries and forests. These frameworks are dependent on, and are
supported by broader reforms to the legal system, public service and judicial authorities
|
Right to adequate housing |
ILO C169
Indigenous and Tribal Peoples Convention, 1989 (no.169) – ILO 169 |
16
1. Subject to the following paragraphs of this Article, the peoples concerned shall not be removed from the lands which they occupy.
2. Where the relocation of these peoples is considered necessary as an exceptional measure, such relocation shall take place only with their free and informed consent. Where their consent cannot be obtained, such relocation shall take place only following appropriate procedures established by national laws and regulations, including public inquiries where appropriate, which provide the opportunity for effective representation of the peoples concerned.
3. Whenever possible, these peoples shall have the right to return to their traditional lands, as soon as the grounds for relocation cease to exist.
4. When such return is not possible, as determined by agreement or, in the absence of such agreement, through appropriate procedures, these peoples shall be provided in all possible cases with lands of quality and legal status at least equal to that of the lands previously occupied by them, suitable to provide for their present needs and future development. Where the peoples concerned express a preference for compensation in money or in kind, they shall be so compensated under appropriate guarantees.
5. Persons thus relocated shall be fully compensated for any resulting loss or injury.
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.3
States should ensure that policy, legal and organizational frameworks for tenure governance recognize and respect, in accordance with
national laws, legitimate tenure rights including legitimate customary tenure rights that are not currently protected by law; and facilitate, promote and protect the exercise of tenure rights. Frameworks should reflect the social, cultural, economic and environmental significance of land, fisheries and forests. States should provide frameworks that are non-discriminatory and promote social equity and gender equality.
Frameworks should reflect the interconnected relationships between land, fisheries and forests and their uses, and establish an integrated approach to their administration
|
Right to adequate housing |
ESC
European Social Charter (revised) |
Part I, Article 31
Everyone has the right to housing.
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.1
States should provide and maintain policy, legal and organizational frameworks that promote responsible governance of tenure of land, fisheries and forests. These frameworks are dependent on, and are
supported by broader reforms to the legal system, public service and judicial authorities
|
Right to adequate housing |
ESC
European Social Charter (revised) |
Part I, Article 31
Everyone has the right to housing.
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.3
States should ensure that policy, legal and organizational frameworks for tenure governance recognize and respect, in accordance with
national laws, legitimate tenure rights including legitimate customary tenure rights that are not currently protected by law; and facilitate, promote and protect the exercise of tenure rights. Frameworks should reflect the social, cultural, economic and environmental significance of land, fisheries and forests. States should provide frameworks that are non-discriminatory and promote social equity and gender equality.
Frameworks should reflect the interconnected relationships between land, fisheries and forests and their uses, and establish an integrated approach to their administration
|
Right to adequate housing |
ESC
European Social Charter (revised) |
Part II, Article 31
With a view to ensuring the effective exercise of the right to housing, the Parties undertake to take measures designed:
1. to promote access to housing of an adequate standard;
2. to prevent and reduce homelessness with a view to its gradual elimination;
3. to make the price of housing accessible to those without adequate resources.
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.1
States should provide and maintain policy, legal and organizational frameworks that promote responsible governance of tenure of land, fisheries and forests. These frameworks are dependent on, and are
supported by broader reforms to the legal system, public service and judicial authorities
|
Right to adequate housing |
ESC
European Social Charter (revised) |
Part II, Article 31
With a view to ensuring the effective exercise of the right to housing, the Parties undertake to take measures designed:
1. to promote access to housing of an adequate standard;
2. to prevent and reduce homelessness with a view to its gradual elimination;
3. to make the price of housing accessible to those without adequate resources.
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.3
States should ensure that policy, legal and organizational frameworks for tenure governance recognize and respect, in accordance with
national laws, legitimate tenure rights including legitimate customary tenure rights that are not currently protected by law; and facilitate, promote and protect the exercise of tenure rights. Frameworks should reflect the social, cultural, economic and environmental significance of land, fisheries and forests. States should provide frameworks that are non-discriminatory and promote social equity and gender equality.
Frameworks should reflect the interconnected relationships between land, fisheries and forests and their uses, and establish an integrated approach to their administration
|
Right to adequate housing |
Maputo Protocol
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa |
XVI
Women shall have the right to equal access to housing and to acceptable living conditions in a healthy environment. To ensure this right, States Parties shall grant to women, whatever their marital status, access to adequate housing.
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.1
States should provide and maintain policy, legal and organizational frameworks that promote responsible governance of tenure of land, fisheries and forests. These frameworks are dependent on, and are
supported by broader reforms to the legal system, public service and judicial authorities
|
Right to adequate housing |
Maputo Protocol
Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa |
XVI
Women shall have the right to equal access to housing and to acceptable living conditions in a healthy environment. To ensure this right, States Parties shall grant to women, whatever their marital status, access to adequate housing.
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.3
States should ensure that policy, legal and organizational frameworks for tenure governance recognize and respect, in accordance with
national laws, legitimate tenure rights including legitimate customary tenure rights that are not currently protected by law; and facilitate, promote and protect the exercise of tenure rights. Frameworks should reflect the social, cultural, economic and environmental significance of land, fisheries and forests. States should provide frameworks that are non-discriminatory and promote social equity and gender equality.
Frameworks should reflect the interconnected relationships between land, fisheries and forests and their uses, and establish an integrated approach to their administration
|
Right to adequate housing |
ACRWC
African Charter on the Rights and Welfare of the Child |
20,2
State Parties to the present Charter shall in accordance with their means and national conditions take all appropriate measures:
(a) to assist parents and other persons responsible for the child and in case of need, provide material assistance and support programmes particularly with regard to nutrition, health, education, clothing and housing;
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.1
States should provide and maintain policy, legal and organizational frameworks that promote responsible governance of tenure of land, fisheries and forests. These frameworks are dependent on, and are
supported by broader reforms to the legal system, public service and judicial authorities
|
Right to adequate housing |
ACRWC
African Charter on the Rights and Welfare of the Child |
20,2
State Parties to the present Charter shall in accordance with their means and national conditions take all appropriate measures:
(a) to assist parents and other persons responsible for the child and in case of need, provide material assistance and support programmes particularly with regard to nutrition, health, education, clothing and housing;
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.3
States should ensure that policy, legal and organizational frameworks for tenure governance recognize and respect, in accordance with
national laws, legitimate tenure rights including legitimate customary tenure rights that are not currently protected by law; and facilitate, promote and protect the exercise of tenure rights. Frameworks should reflect the social, cultural, economic and environmental significance of land, fisheries and forests. States should provide frameworks that are non-discriminatory and promote social equity and gender equality.
Frameworks should reflect the interconnected relationships between land, fisheries and forests and their uses, and establish an integrated approach to their administration
|
Right to adequate housing |
CIADDIS
Inter-American Convention on the Elimination of All Forms of Discrimination against Persons with Disabilities |
III.1
To achieve the objectives of this Convention, the states parties undertake:
1. To adopt the legislative, social, educational, labor-related, or any other measures needed to eliminate discrimination against persons with disabilities and to promote their full integration into society, including, but not limited to:
a) Measures to eliminate discrimination gradually and to promote integration by government authorities and/or private entities in providing or making available goods, services, facilities, programs, and activities such as employment, transportation, communications, housing, recreation, education, sports, law enforcement and administration of justice, and political and administrative activities;
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.1
States should provide and maintain policy, legal and organizational frameworks that promote responsible governance of tenure of land, fisheries and forests. These frameworks are dependent on, and are
supported by broader reforms to the legal system, public service and judicial authorities
|
Right to adequate housing |
CIADDIS
Inter-American Convention on the Elimination of All Forms of Discrimination against Persons with Disabilities |
III.1
To achieve the objectives of this Convention, the states parties undertake:
1. To adopt the legislative, social, educational, labor-related, or any other measures needed to eliminate discrimination against persons with disabilities and to promote their full integration into society, including, but not limited to:
a) Measures to eliminate discrimination gradually and to promote integration by government authorities and/or private entities in providing or making available goods, services, facilities, programs, and activities such as employment, transportation, communications, housing, recreation, education, sports, law enforcement and administration of justice, and political and administrative activities;
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.3
States should ensure that policy, legal and organizational frameworks for tenure governance recognize and respect, in accordance with
national laws, legitimate tenure rights including legitimate customary tenure rights that are not currently protected by law; and facilitate, promote and protect the exercise of tenure rights. Frameworks should reflect the social, cultural, economic and environmental significance of land, fisheries and forests. States should provide frameworks that are non-discriminatory and promote social equity and gender equality.
Frameworks should reflect the interconnected relationships between land, fisheries and forests and their uses, and establish an integrated approach to their administration
|
Right to adequate housing |
ADHR
ASEAN Declaration on Human Rights |
28.c
Every person has the right to an adequate standard of living for himself or herself and his or her family including:
c. The right to adequate and affordable housing;
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.1
States should provide and maintain policy, legal and organizational frameworks that promote responsible governance of tenure of land, fisheries and forests. These frameworks are dependent on, and are
supported by broader reforms to the legal system, public service and judicial authorities
|
Right to adequate housing |
ADHR
ASEAN Declaration on Human Rights |
28.c
Every person has the right to an adequate standard of living for himself or herself and his or her family including:
c. The right to adequate and affordable housing;
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.3
States should ensure that policy, legal and organizational frameworks for tenure governance recognize and respect, in accordance with
national laws, legitimate tenure rights including legitimate customary tenure rights that are not currently protected by law; and facilitate, promote and protect the exercise of tenure rights. Frameworks should reflect the social, cultural, economic and environmental significance of land, fisheries and forests. States should provide frameworks that are non-discriminatory and promote social equity and gender equality.
Frameworks should reflect the interconnected relationships between land, fisheries and forests and their uses, and establish an integrated approach to their administration
|
Right to self-determination |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
5
Indigenous peoples have the right to maintain and strengthen their distinct political, legal, economic, social and cultural institutions, while retaining their right to participate fully, if they so choose, in the political, economic, social and cultural life of the State.
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.6
States should place responsibilities at levels of government that can most effectively deliver services to the people. States should clearly define the
roles and responsibilities of agencies dealing with tenure of land, fisheries and forests. States should ensure coordination between implementing agencies, as well as with local governments, and indigenous peoples and other communities with customary tenure systems
|
Right to self-determination |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
5
Indigenous peoples have the right to maintain and strengthen their distinct political, legal, economic, social and cultural institutions, while retaining their right to participate fully, if they so choose, in the political, economic, social and cultural life of the State.
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.8
States and other parties should regularly review and monitor policy, legal and organizational frameworks to maintain their effectiveness. Implementing agencies and judicial authorities should engage with civil society, user representatives and the broader public to improve services and endeavour to prevent corruption through transparent processes and decision-making. Information about changes and their anticipated impacts should be clearly stated and widely publicized in applicable languages.
|
Right to self-determination |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
5
Indigenous peoples have the right to maintain and strengthen their distinct political, legal, economic, social and cultural institutions, while retaining their right to participate fully, if they so choose, in the political, economic, social and cultural life of the State.
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General matters
5. Policy, legal and organizational frameworks related to tenure |
5.9
States should recognize that policies and laws on tenure rights operate in the broader political, legal, social, cultural, religious, economic and environmental contexts. Where the broader contexts change, and where reforms to tenure are therefore required, States should seek to develop national consensus on proposed reforms.
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Right to self-determination |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
20
1. Indigenous peoples have the right to maintain and develop their political, economic and social systems or institutions, to be secure in the enjoyment of their own means of subsistence and development, and to engage freely in all their traditional and other economic activities.
2. Indigenous peoples deprived of their means of subsistence and development are entitled to just and fair redress.
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General matters
5. Policy, legal and organizational frameworks related to tenure |
5.8
States and other parties should regularly review and monitor policy, legal and organizational frameworks to maintain their effectiveness. Implementing agencies and judicial authorities should engage with civil society, user representatives and the broader public to improve services and endeavour to prevent corruption through transparent processes and decision-making. Information about changes and their anticipated impacts should be clearly stated and widely publicized in applicable languages.
|
Right to self-determination |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
20
1. Indigenous peoples have the right to maintain and develop their political, economic and social systems or institutions, to be secure in the enjoyment of their own means of subsistence and development, and to engage freely in all their traditional and other economic activities.
2. Indigenous peoples deprived of their means of subsistence and development are entitled to just and fair redress.
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.9
States should recognize that policies and laws on tenure rights operate in the broader political, legal, social, cultural, religious, economic and environmental contexts. Where the broader contexts change, and where reforms to tenure are therefore required, States should seek to develop national consensus on proposed reforms.
|
Right to self-determination |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
3
Indigenous peoples have the right to self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.8
States and other parties should regularly review and monitor policy, legal and organizational frameworks to maintain their effectiveness. Implementing agencies and judicial authorities should engage with civil society, user representatives and the broader public to improve services and endeavour to prevent corruption through transparent processes and decision-making. Information about changes and their anticipated impacts should be clearly stated and widely publicized in applicable languages.
|
Right to self-determination |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
3
Indigenous peoples have the right to self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.9
States should recognize that policies and laws on tenure rights operate in the broader political, legal, social, cultural, religious, economic and environmental contexts. Where the broader contexts change, and where reforms to tenure are therefore required, States should seek to develop national consensus on proposed reforms.
|
Right to self-determination |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
4
Indigenous peoples, in exercising their right to self-determination, have the right to autonomy or self-government in matters relating to their internal and local affairs, as well as ways and means for financing their autonomous functions
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.8
States and other parties should regularly review and monitor policy, legal and organizational frameworks to maintain their effectiveness. Implementing agencies and judicial authorities should engage with civil society, user representatives and the broader public to improve services and endeavour to prevent corruption through transparent processes and decision-making. Information about changes and their anticipated impacts should be clearly stated and widely publicized in applicable languages.
|
Right to self-determination |
UNDRIP
United Nations Declaration on the Rights of Indigenous Peoples |
4
Indigenous peoples, in exercising their right to self-determination, have the right to autonomy or self-government in matters relating to their internal and local affairs, as well as ways and means for financing their autonomous functions
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.9
States should recognize that policies and laws on tenure rights operate in the broader political, legal, social, cultural, religious, economic and environmental contexts. Where the broader contexts change, and where reforms to tenure are therefore required, States should seek to develop national consensus on proposed reforms.
|
Right to self-determination |
ACHPR
African Charter on Human and Peoples' Rights |
20
All peoples shall have the right to existence. They shall have the unquestionable and inalienable right to self-determination. They shall freely determine their political status and shall pursue their economic and social development according to the policy they have freely chosen.
Colonized or oppressed peoples shall have the right to free themselves from the bonds of domination by resorting to any means recognized by the international community.
All peoples shall have the right to the assistance of the State Parties to the present Charter in their liberation struggle against foreign domination, be it political, economic or cultural.
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.6
States should place responsibilities at levels of government that can most effectively deliver services to the people. States should clearly define the
roles and responsibilities of agencies dealing with tenure of land, fisheries and forests. States should ensure coordination between implementing agencies, as well as with local governments, and indigenous peoples and other communities with customary tenure systems
|
Right to self-determination |
ACHPR
African Charter on Human and Peoples' Rights |
20
All peoples shall have the right to existence. They shall have the unquestionable and inalienable right to self-determination. They shall freely determine their political status and shall pursue their economic and social development according to the policy they have freely chosen.
Colonized or oppressed peoples shall have the right to free themselves from the bonds of domination by resorting to any means recognized by the international community.
All peoples shall have the right to the assistance of the State Parties to the present Charter in their liberation struggle against foreign domination, be it political, economic or cultural.
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.8
States and other parties should regularly review and monitor policy, legal and organizational frameworks to maintain their effectiveness. Implementing agencies and judicial authorities should engage with civil society, user representatives and the broader public to improve services and endeavour to prevent corruption through transparent processes and decision-making. Information about changes and their anticipated impacts should be clearly stated and widely publicized in applicable languages.
|
Right to self-determination |
ACHPR
African Charter on Human and Peoples' Rights |
20
All peoples shall have the right to existence. They shall have the unquestionable and inalienable right to self-determination. They shall freely determine their political status and shall pursue their economic and social development according to the policy they have freely chosen.
Colonized or oppressed peoples shall have the right to free themselves from the bonds of domination by resorting to any means recognized by the international community.
All peoples shall have the right to the assistance of the State Parties to the present Charter in their liberation struggle against foreign domination, be it political, economic or cultural.
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.9
States should recognize that policies and laws on tenure rights operate in the broader political, legal, social, cultural, religious, economic and environmental contexts. Where the broader contexts change, and where reforms to tenure are therefore required, States should seek to develop national consensus on proposed reforms.
|
Right to self-determination |
ACHPR
African Charter on Human and Peoples' Rights |
21
All peoples shall freely dispose of their wealth and natural resources. This right shall be exercised in the exclusive interest of the people. In no case shall a people be deprived of it
In case of spoilation, the dispossessed people shall have the right to the lawful recovery of its property as well as to an adequate compensation.
The free disposal of wealth and natural resources shall be exercised without prejudice to the obligation of promoting international economic cooperation based on mutual respect, equitable exchange and the principles of international law.
State Parties to the present Charter shall individually and collectively exercise the right to free disposal of their wealth and natural resources with a view to strengthening African Unity and solidarity.
State Parties to the present Charter shall undertake to eliminate all forms of foreign exploitation particularly that practised by international monopolies so as to enable their peoples to fully benefit from the advantages derived from their national resources.
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.6
States should place responsibilities at levels of government that can most effectively deliver services to the people. States should clearly define the
roles and responsibilities of agencies dealing with tenure of land, fisheries and forests. States should ensure coordination between implementing agencies, as well as with local governments, and indigenous peoples and other communities with customary tenure systems
|
Right to self-determination |
ACHPR
African Charter on Human and Peoples' Rights |
21
All peoples shall freely dispose of their wealth and natural resources. This right shall be exercised in the exclusive interest of the people. In no case shall a people be deprived of it
In case of spoilation, the dispossessed people shall have the right to the lawful recovery of its property as well as to an adequate compensation.
The free disposal of wealth and natural resources shall be exercised without prejudice to the obligation of promoting international economic cooperation based on mutual respect, equitable exchange and the principles of international law.
State Parties to the present Charter shall individually and collectively exercise the right to free disposal of their wealth and natural resources with a view to strengthening African Unity and solidarity.
State Parties to the present Charter shall undertake to eliminate all forms of foreign exploitation particularly that practised by international monopolies so as to enable their peoples to fully benefit from the advantages derived from their national resources.
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.8
States and other parties should regularly review and monitor policy, legal and organizational frameworks to maintain their effectiveness. Implementing agencies and judicial authorities should engage with civil society, user representatives and the broader public to improve services and endeavour to prevent corruption through transparent processes and decision-making. Information about changes and their anticipated impacts should be clearly stated and widely publicized in applicable languages.
|
Right to self-determination |
ACHPR
African Charter on Human and Peoples' Rights |
21
All peoples shall freely dispose of their wealth and natural resources. This right shall be exercised in the exclusive interest of the people. In no case shall a people be deprived of it
In case of spoilation, the dispossessed people shall have the right to the lawful recovery of its property as well as to an adequate compensation.
The free disposal of wealth and natural resources shall be exercised without prejudice to the obligation of promoting international economic cooperation based on mutual respect, equitable exchange and the principles of international law.
State Parties to the present Charter shall individually and collectively exercise the right to free disposal of their wealth and natural resources with a view to strengthening African Unity and solidarity.
State Parties to the present Charter shall undertake to eliminate all forms of foreign exploitation particularly that practised by international monopolies so as to enable their peoples to fully benefit from the advantages derived from their national resources.
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.9
States should recognize that policies and laws on tenure rights operate in the broader political, legal, social, cultural, religious, economic and environmental contexts. Where the broader contexts change, and where reforms to tenure are therefore required, States should seek to develop national consensus on proposed reforms.
|
Right to self-determination |
ICCPR
International Covenant on Civil and Political Rights |
1
1. All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.
2. All peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic co-operation, based upon the principle of mutual benefit, and international law. In no case may a people be deprived of its own means of subsistence.
3. The States Parties to the present Covenant, including those having responsibility for the administration of Non-Self-Governing and Trust Territories, shall promote the realization of the right of self-determination, and shall respect that right, in conformity with the provisions of the Charter of the United Nations.
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.8
States and other parties should regularly review and monitor policy, legal and organizational frameworks to maintain their effectiveness. Implementing agencies and judicial authorities should engage with civil society, user representatives and the broader public to improve services and endeavour to prevent corruption through transparent processes and decision-making. Information about changes and their anticipated impacts should be clearly stated and widely publicized in applicable languages.
|
Right to self-determination |
ICCPR
International Covenant on Civil and Political Rights |
1
1. All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.
2. All peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic co-operation, based upon the principle of mutual benefit, and international law. In no case may a people be deprived of its own means of subsistence.
3. The States Parties to the present Covenant, including those having responsibility for the administration of Non-Self-Governing and Trust Territories, shall promote the realization of the right of self-determination, and shall respect that right, in conformity with the provisions of the Charter of the United Nations.
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.9
States should recognize that policies and laws on tenure rights operate in the broader political, legal, social, cultural, religious, economic and environmental contexts. Where the broader contexts change, and where reforms to tenure are therefore required, States should seek to develop national consensus on proposed reforms.
|
Right to self-determination |
ICESCR
International Covenant of Economic Social and Cultural rights |
1
1. All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.
2. All peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic co-operation, based upon the principle of mutual benefit, and international law. In no case may a people be deprived of its own means of subsistence.
3. The States Parties to the present Covenant, including those having responsibility for the administration of Non-Self-Governing and Trust Territories, shall promote the realization of the right of self-determination, and shall respect that right, in conformity with the provisions of the Charter of the United Nations.
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.8
States and other parties should regularly review and monitor policy, legal and organizational frameworks to maintain their effectiveness. Implementing agencies and judicial authorities should engage with civil society, user representatives and the broader public to improve services and endeavour to prevent corruption through transparent processes and decision-making. Information about changes and their anticipated impacts should be clearly stated and widely publicized in applicable languages.
|
Right to self-determination |
ICESCR
International Covenant of Economic Social and Cultural rights |
1
1. All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.
2. All peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic co-operation, based upon the principle of mutual benefit, and international law. In no case may a people be deprived of its own means of subsistence.
3. The States Parties to the present Covenant, including those having responsibility for the administration of Non-Self-Governing and Trust Territories, shall promote the realization of the right of self-determination, and shall respect that right, in conformity with the provisions of the Charter of the United Nations.
|
General matters
5. Policy, legal and organizational frameworks related to tenure |
5.9
States should recognize that policies and laws on tenure rights operate in the broader political, legal, social, cultural, religious, economic and environmental contexts. Where the broader contexts change, and where reforms to tenure are therefore required, States should seek to develop national consensus on proposed reforms.
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