Explore VGGT - Human Rights

CESCR has clarified that legal security of tenure is a core aspect of the right to adequate housing. It has also indicated that notwithstanding the type of tenure, all persons should possess a degree of security of tenure which guarantees legal protection against forced eviction, harassment and other threats. States parties should consequently take immediate measures aimed at conferring legal security of tenure upon those persons and households currently lacking such protection, in genuine consultation with affected persons and groups. Forced evictions are therefore prima facie incompatible with the requirements of the ICESCR and may also result in violations of civil and political rights, such as the right to life, the right to security of the person, the right to non interference with privacy, family and home and the right to the peaceful enjoyment of possessions. State parties must introduce and implement national legislation that explicitly prohibits forced evictions and sets out a framework for eviction and resettlement processes to be carried out in line with international human rights law and standards. Prior to carrying out any evictions or shifts in land use which could result in depriving individuals of access to their productive resources, States parties should ensure that all feasible alternatives are explored in consultation with the affected persons, with a view to avoiding, or at least minimizing, the need to resort to evictions. In all cases, effective legal remedies or procedures shall be provided to those who are affected by eviction orders. See CESCR, GCs Nos. 4, 7 and 26.

CESCR has clarified that legal security of tenure is a core aspect of the right to adequate housing. It has also indicated that notwithstanding the type of tenure, all persons should possess a degree of security of tenure which guarantees legal protection against forced eviction, harassment and other threats. States parties should consequently take immediate measures aimed at conferring legal security of tenure upon those persons and households currently lacking such protection, in genuine consultation with affected persons and groups. Forced evictions are therefore prima facie incompatible with the requirements of the ICESCR and may also result in violations of civil and political rights, such as the right to life, the right to security of the person, the right to non interference with privacy, family and home and the right to the peaceful enjoyment of possessions. State parties must introduce and implement national legislation that explicitly prohibits forced evictions and sets out a framework for eviction and resettlement processes to be carried out in line with international human rights law and standards. Prior to carrying out any evictions or shifts in land use which could result in depriving individuals of access to their productive resources, States parties should ensure that all feasible alternatives are explored in consultation with the affected persons, with a view to avoiding, or at least minimizing, the need to resort to evictions. In all cases, effective legal remedies or procedures shall be provided to those who are affected by eviction orders. See CESCR, GCs Nos. 4, 7 and 26.

With regard to the exercise of the cultural rights protected under article 27 of ICCPR, the HRC has clarified that "culture manifests itself in many forms, including a particular way of life associated with the use of land resources, specially in the case of indigenous peoples. That right may include such traditional activities as fishing or hunting and the right to live in reserves protected by law. The enjoyment of those rights may require positive legal measures of protection and measures to ensure the effective participation of members of minority communities in decisions which affect them". See HRC GC No. 23.

CESCR has clarified that legal security of tenure is a core aspect of the right to adequate housing. It has also indicated that notwithstanding the type of tenure, all persons should possess a degree of security of tenure which guarantees legal protection against forced eviction, harassment and other threats. States parties should consequently take immediate measures aimed at conferring legal security of tenure upon those persons and households currently lacking such protection, in genuine consultation with affected persons and groups. Forced evictions are therefore prima facie incompatible with the requirements of the ICESCR and may also result in violations of civil and political rights, such as the right to life, the right to security of the person, the right to non interference with privacy, family and home and the right to the peaceful enjoyment of possessions. State parties must introduce and implement national legislation that explicitly prohibits forced evictions and sets out a framework for eviction and resettlement processes to be carried out in line with international human rights law and standards. Prior to carrying out any evictions or shifts in land use which could result in depriving individuals of access to their productive resources, States parties should ensure that all feasible alternatives are explored in consultation with the affected persons, with a view to avoiding, or at least minimizing, the need to resort to evictions. In all cases, effective legal remedies or procedures shall be provided to those who are affected by eviction orders. See CESCR, GCs Nos. 4, 7 and 26.

CESCR has clarified that legal security of tenure is a core aspect of the right to adequate housing. It has also indicated that notwithstanding the type of tenure, all persons should possess a degree of security of tenure which guarantees legal protection against forced eviction, harassment and other threats. States parties should consequently take immediate measures aimed at conferring legal security of tenure upon those persons and households currently lacking such protection, in genuine consultation with affected persons and groups. Forced evictions are therefore prima facie incompatible with the requirements of the ICESCR and may also result in violations of civil and political rights, such as the right to life, the right to security of the person, the right to non interference with privacy, family and home and the right to the peaceful enjoyment of possessions. State parties must introduce and implement national legislation that explicitly prohibits forced evictions and sets out a framework for eviction and resettlement processes to be carried out in line with international human rights law and standards. Prior to carrying out any evictions or shifts in land use which could result in depriving individuals of access to their productive resources, States parties should ensure that all feasible alternatives are explored in consultation with the affected persons, with a view to avoiding, or at least minimizing, the need to resort to evictions. In all cases, effective legal remedies or procedures shall be provided to those who are affected by eviction orders. See CESCR, GCs Nos. 4, 7 and 26.

With regard to the exercise of the cultural rights protected under article 27 of ICCPR, the HRC has clarified that "culture manifests itself in many forms, including a particular way of life associated with the use of land resources, specially in the case of indigenous peoples. That right may include such traditional activities as fishing or hunting and the right to live in reserves protected by law. The enjoyment of those rights may require positive legal measures of protection and measures to ensure the effective participation of members of minority communities in decisions which affect them". See HRC GC No. 23.

As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32.

CESCR has clarified that legal security of tenure is a core aspect of the right to adequate housing. It has also indicated that notwithstanding the type of tenure, all persons should possess a degree of security of tenure which guarantees legal protection against forced eviction, harassment and other threats. States parties should consequently take immediate measures aimed at conferring legal security of tenure upon those persons and households currently lacking such protection, in genuine consultation with affected persons and groups. Forced evictions are therefore prima facie incompatible with the requirements of the ICESCR and may also result in violations of civil and political rights, such as the right to life, the right to security of the person, the right to non interference with privacy, family and home and the right to the peaceful enjoyment of possessions. State parties must introduce and implement national legislation that explicitly prohibits forced evictions and sets out a framework for eviction and resettlement processes to be carried out in line with international human rights law and standards. Prior to carrying out any evictions or shifts in land use which could result in depriving individuals of access to their productive resources, States parties should ensure that all feasible alternatives are explored in consultation with the affected persons, with a view to avoiding, or at least minimizing, the need to resort to evictions. In all cases, effective legal remedies or procedures shall be provided to those who are affected by eviction orders. See CESCR, GCs Nos. 4, 7 and 26.

CESCR has clarified that legal security of tenure is a core aspect of the right to adequate housing. It has also indicated that notwithstanding the type of tenure, all persons should possess a degree of security of tenure which guarantees legal protection against forced eviction, harassment and other threats. States parties should consequently take immediate measures aimed at conferring legal security of tenure upon those persons and households currently lacking such protection, in genuine consultation with affected persons and groups. Forced evictions are therefore prima facie incompatible with the requirements of the ICESCR and may also result in violations of civil and political rights, such as the right to life, the right to security of the person, the right to non interference with privacy, family and home and the right to the peaceful enjoyment of possessions. State parties must introduce and implement national legislation that explicitly prohibits forced evictions and sets out a framework for eviction and resettlement processes to be carried out in line with international human rights law and standards. Prior to carrying out any evictions or shifts in land use which could result in depriving individuals of access to their productive resources, States parties should ensure that all feasible alternatives are explored in consultation with the affected persons, with a view to avoiding, or at least minimizing, the need to resort to evictions. In all cases, effective legal remedies or procedures shall be provided to those who are affected by eviction orders. See CESCR, GCs Nos. 4, 7 and 26.

With regard to the exercise of the cultural rights protected under article 27 of ICCPR, the HRC has clarified that "culture manifests itself in many forms, including a particular way of life associated with the use of land resources, specially in the case of indigenous peoples. That right may include such traditional activities as fishing or hunting and the right to live in reserves protected by law. The enjoyment of those rights may require positive legal measures of protection and measures to ensure the effective participation of members of minority communities in decisions which affect them". See HRC GC No. 23.

The right to land is not explicitly referenced in international human rights instruments with the notable exception of those relating to the rights of indigenous peoples, and peasants. However, as security of tenure and access to land has such a significant impact on the enjoyment of human rights, the CESCR has clarified states’ obligations relating to the impact of access to, use of and control over land on the enjoyment of the rights enshrined in the ICESCR, especially for the most disadvantaged and marginalized individuals and groups. It has thus clarified the specific obligations contained in the Covenant that relate to land, particularly in the context of the rights enshrined in articles 1–3, 11, 12 and 15. It has highlighted that land plays an essential role in the realization of a range of rights under the ICESCR. Secure and equitable access to, use of and control over land for individuals and communities can be essential to eradicate hunger and poverty and to guarantee the right to an adequate standard of living. The sustainable use of land is essential to ensure the right to a clean, healthy and sustainable environment and to promote the right to development, among other rights. Further, land is not only a resource for producing food, generating income and developing housing, it also constitutes the basis for social, cultural and religious practices and the enjoyment of the right to take part in cultural life. At the same time, secure land tenure systems are important to protect people’s access to land as a means of guaranteeing livelihoods and avoiding and regulating disputes. See CESCR General Comment No. 26 (2022) on land and economic, social and cultural rights (E/C.12/GC/26).

The right to land is not explicitly referenced in international human rights instruments with the notable exception of those relating to the rights of indigenous peoples, and peasants. However, as security of tenure and access to land has such a significant impact on the enjoyment of human rights, the CESCR has clarified states’ obligations relating to the impact of access to, use of and control over land on the enjoyment of the rights enshrined in the ICESCR, especially for the most disadvantaged and marginalized individuals and groups. It has thus clarified the specific obligations contained in the Covenant that relate to land, particularly in the context of the rights enshrined in articles 1–3, 11, 12 and 15. It has highlighted that land plays an essential role in the realization of a range of rights under the ICESCR. Secure and equitable access to, use of and control over land for individuals and communities can be essential to eradicate hunger and poverty and to guarantee the right to an adequate standard of living. The sustainable use of land is essential to ensure the right to a clean, healthy and sustainable environment and to promote the right to development, among other rights. Further, land is not only a resource for producing food, generating income and developing housing, it also constitutes the basis for social, cultural and religious practices and the enjoyment of the right to take part in cultural life. At the same time, secure land tenure systems are important to protect people’s access to land as a means of guaranteeing livelihoods and avoiding and regulating disputes. See CESCR General Comment No. 26 (2022) on land and economic, social and cultural rights (E/C.12/GC/26).

The right to land is not explicitly referenced in international human rights instruments with the notable exception of those relating to the rights of indigenous peoples, and peasants. However, as security of tenure and access to land has such a significant impact on the enjoyment of human rights, the CESCR has clarified states’ obligations relating to the impact of access to, use of and control over land on the enjoyment of the rights enshrined in the ICESCR, especially for the most disadvantaged and marginalized individuals and groups. It has thus clarified the specific obligations contained in the Covenant that relate to land, particularly in the context of the rights enshrined in articles 1–3, 11, 12 and 15. It has highlighted that land plays an essential role in the realization of a range of rights under the ICESCR. Secure and equitable access to, use of and control over land for individuals and communities can be essential to eradicate hunger and poverty and to guarantee the right to an adequate standard of living. The sustainable use of land is essential to ensure the right to a clean, healthy and sustainable environment and to promote the right to development, among other rights. Further, land is not only a resource for producing food, generating income and developing housing, it also constitutes the basis for social, cultural and religious practices and the enjoyment of the right to take part in cultural life. At the same time, secure land tenure systems are important to protect people’s access to land as a means of guaranteeing livelihoods and avoiding and regulating disputes. See CESCR General Comment No. 26 (2022) on land and economic, social and cultural rights (E/C.12/GC/26).

Concerning the prevention of corruption, the CESCR has highlighted that "corruption constitutes one of the major obstacles to the effective promotion and protection of human rights, particularly as regards the activities of businesses. It also undermines a State’s ability to mobilize resources for the delivery of services essential for the realization of economic, social and cultural rights. It leads to discriminatory access to public services in favour of those able to influence authorities, including by offering bribes or resorting to political pressure" (See CESCR, General comment no. 24). Therefore, States’ duty to combat corruption is closely linked to States' duty to take steps, to the maximum of their available resources, with a view to achieving progressively the full realization of economic, social and cultural rights under ICESCR. It is more generally linked to States' obligation to respect, protect and fulfil human rights without discrimination. In this section, the focus is placed on the international human standards related to good governance, and more particularly on the right to participation, equality and non-discrimination, and to remedy. The Guideline can be linked to all human rights listed in the matrix. The United Nations Convention against Corruption contains a list of crimes that form the core of corruption offences, namely bribery, embezzlement, trading in influence, abuse of functions and illicit enrichment.

Concerning the prevention of corruption, the CESCR has highlighted that "corruption constitutes one of the major obstacles to the effective promotion and protection of human rights, particularly as regards the activities of businesses. It also undermines a State’s ability to mobilize resources for the delivery of services essential for the realization of economic, social and cultural rights. It leads to discriminatory access to public services in favour of those able to influence authorities, including by offering bribes or resorting to political pressure" (See CESCR, General comment no. 24). Therefore, States’ duty to combat corruption is closely linked to States' duty to take steps, to the maximum of their available resources, with a view to achieving progressively the full realization of economic, social and cultural rights under ICESCR. It is more generally linked to States' obligation to respect, protect and fulfil human rights without discrimination. In this section, the focus is placed on the international human standards related to good governance, and more particularly on the right to participation, equality and non-discrimination, and to remedy. The Guideline can be linked to all human rights listed in the matrix. The United Nations Convention against Corruption contains a list of crimes that form the core of corruption offences, namely bribery, embezzlement, trading in influence, abuse of functions and illicit enrichment.

As regards the right to adequate housing, CESCR has clarified that legal security of tenure is a core aspect of the right to adequate housing. It has also indicated that notwithstanding the type of tenure, all persons should possess a degree of security of tenure which guarantees legal protection against forced eviction, harassment and other threats. States parties should consequently take immediate measures aimed at conferring legal security of tenure upon those persons and households currently lacking such protection, in genuine consultation with affected persons and groups. State parties must introduce and implement national legislation that explicitly prohibits forced evictions and sets out a framework for eviction and resettlement processes to be carried out in line with international human rights law and standards. Prior to carrying out any evictions or shifts in land use which could result in depriving individuals of access to their productive resources, States parties should ensure that all feasible alternatives are explored in consultation with the affected persons, with a view to avoiding, or at least minimizing, the need to resort to evictions. In all cases, effective legal remedies or procedures shall be provided to those who are affected by eviction orders. See CESCR, GCs Nos. 4, 7 and 26.

As regards the right to adequate housing, CESCR has clarified that legal security of tenure is a core aspect of the right to adequate housing. It has also indicated that notwithstanding the type of tenure, all persons should possess a degree of security of tenure which guarantees legal protection against forced eviction, harassment and other threats. States parties should consequently take immediate measures aimed at conferring legal security of tenure upon those persons and households currently lacking such protection, in genuine consultation with affected persons and groups. State parties must introduce and implement national legislation that explicitly prohibits forced evictions and sets out a framework for eviction and resettlement processes to be carried out in line with international human rights law and standards. Prior to carrying out any evictions or shifts in land use which could result in depriving individuals of access to their productive resources, States parties should ensure that all feasible alternatives are explored in consultation with the affected persons, with a view to avoiding, or at least minimizing, the need to resort to evictions. In all cases, effective legal remedies or procedures shall be provided to those who are affected by eviction orders. See CESCR, GCs Nos. 4, 7 and 26.

Concerning the responsibility of non-State actors, the UN Guiding Principles on Business and Human Rights states that "the responsibility to respect human rights is a global standard of expected conduct for all business enterprises wherever they operate. It exists independently of States’ abilities and/or willingness to fulfil their own human rights obligations, and does not diminish those obligations. And it exists over and above compliance with national laws and regulations protecting human rights" (A/HRC/17/31, Principle 11). “The responsibility to respect human rights requires that business enterprises: (a) Avoid causing or contributing to adverse human rights impacts through their own activities, and address such impacts when they occur; (b) Seek to prevent or mitigate adverse human rights impacts that are directly linked to their operations, products or services by their business relationships, even if they have not contributed to those impacts.” (Guiding Principle 13). In order to meet their responsibility to respect human rights, business enterprises should have in place policies and processes appropriate to their size and circumstances, including: a) A policy commitment to meet their responsibility to respect human rights; (b) A human rights due diligence process to identify, prevent, mitigate and account for how they address their impacts on human rights; (c) Processes to enable the remediation of any adverse human rights impacts they cause or to which they contribute (Guiding Principle 15). Where business enterprises identify that they have caused or contributed to adverse impacts, they should provide for or cooperate in their remediation through legitimate processes (Guiding Principle 22).

Concerning the responsibility of non-State actors, the UN Guiding Principles on Business and Human Rights states that "the responsibility to respect human rights is a global standard of expected conduct for all business enterprises wherever they operate. It exists independently of States’ abilities and/or willingness to fulfil their own human rights obligations, and does not diminish those obligations. And it exists over and above compliance with national laws and regulations protecting human rights" (A/HRC/17/31, Principle 11). “The responsibility to respect human rights requires that business enterprises: (a) Avoid causing or contributing to adverse human rights impacts through their own activities, and address such impacts when they occur; (b) Seek to prevent or mitigate adverse human rights impacts that are directly linked to their operations, products or services by their business relationships, even if they have not contributed to those impacts.” (Guiding Principle 13). In order to meet their responsibility to respect human rights, business enterprises should have in place policies and processes appropriate to their size and circumstances, including: a) A policy commitment to meet their responsibility to respect human rights; (b) A human rights due diligence process to identify, prevent, mitigate and account for how they address their impacts on human rights; (c) Processes to enable the remediation of any adverse human rights impacts they cause or to which they contribute (Guiding Principle 15). Where business enterprises identify that they have caused or contributed to adverse impacts, they should provide for or cooperate in their remediation through legitimate processes (Guiding Principle 22). With regard to the exercise of the cultural rights protected under article 27 of ICCPR, the HRC has clarified that "culture manifests itself in many forms, including a particular way of life associated with the use of land resources, especially in the case of indigenous peoples. That right may include such traditional activities as fishing or hunting and the right to live in reserves protected by law. The enjoyment of those rights may require positive legal measures of protection and measures to ensure the effective participation of members of minority communities in decisions which affect them". See HRC GC No. 23.

The right to land is not explicitly referenced in international human rights instruments with the notable exception of those relating to the rights of indigenous peoples, and peasants. However, as security of tenure and access to land has such a significant impact on the enjoyment of human rights, the CESCR has clarified states’ obligations relating to the impact of access to, use of and control over land on the enjoyment of the rights enshrined in the ICESCR, especially for the most disadvantaged and marginalized individuals and groups. It has thus clarified the specific obligations contained in the Covenant that relate to land, particularly in the context of the rights enshrined in articles 1–3, 11, 12 and 15. It has highlighted that land plays an essential role in the realization of a range of rights under the ICESCR. Secure and equitable access to, use of and control over land for individuals and communities can be essential to eradicate hunger and poverty and to guarantee the right to an adequate standard of living. The sustainable use of land is essential to ensure the right to a clean, healthy and sustainable environment and to promote the right to development, among other rights. Further, land is not only a resource for producing food, generating income and developing housing, it also constitutes the basis for social, cultural and religious practices and the enjoyment of the right to take part in cultural life. At the same time, secure land tenure systems are important to protect people’s access to land as a means of guaranteeing livelihoods and avoiding and regulating disputes. See CESCR General Comment No. 26 (2022) on land and economic, social and cultural rights (E/C.12/GC/26).

The right to land is not explicitly referenced in international human rights instruments with the notable exception of those relating to the rights of indigenous peoples, and peasants. However, as security of tenure and access to land has such a significant impact on the enjoyment of human rights, the CESCR has clarified states’ obligations relating to the impact of access to, use of and control over land on the enjoyment of the rights enshrined in the ICESCR, especially for the most disadvantaged and marginalized individuals and groups. It has thus clarified the specific obligations contained in the Covenant that relate to land, particularly in the context of the rights enshrined in articles 1–3, 11, 12 and 15. It has highlighted that land plays an essential role in the realization of a range of rights under the ICESCR. Secure and equitable access to, use of and control over land for individuals and communities can be essential to eradicate hunger and poverty and to guarantee the right to an adequate standard of living. The sustainable use of land is essential to ensure the right to a clean, healthy and sustainable environment and to promote the right to development, among other rights. Further, land is not only a resource for producing food, generating income and developing housing, it also constitutes the basis for social, cultural and religious practices and the enjoyment of the right to take part in cultural life. At the same time, secure land tenure systems are important to protect people’s access to land as a means of guaranteeing livelihoods and avoiding and regulating disputes. See CESCR General Comment No. 26 (2022) on land and economic, social and cultural rights (E/C.12/GC/26).

The right to land is not explicitly referenced in international human rights instruments with the notable exception of those relating to the rights of indigenous peoples, and peasants. However, as security of tenure and access to land has such a significant impact on the enjoyment of human rights, the CESCR has clarified states’ obligations relating to the impact of access to, use of and control over land on the enjoyment of the rights enshrined in the ICESCR, especially for the most disadvantaged and marginalized individuals and groups. It has thus clarified the specific obligations contained in the Covenant that relate to land, particularly in the context of the rights enshrined in articles 1–3, 11, 12 and 15. It has highlighted that land plays an essential role in the realization of a range of rights under the ICESCR. Secure and equitable access to, use of and control over land for individuals and communities can be essential to eradicate hunger and poverty and to guarantee the right to an adequate standard of living. The sustainable use of land is essential to ensure the right to a clean, healthy and sustainable environment and to promote the right to development, among other rights. Further, land is not only a resource for producing food, generating income and developing housing, it also constitutes the basis for social, cultural and religious practices and the enjoyment of the right to take part in cultural life. At the same time, secure land tenure systems are important to protect people’s access to land as a means of guaranteeing livelihoods and avoiding and regulating disputes. See CESCR General Comment No. 26 (2022) on land and economic, social and cultural rights (E/C.12/GC/26).

CESCR has clarified that legal security of tenure is a core aspect of the right to adequate housing. It has also indicated that notwithstanding the type of tenure, all persons should possess a degree of security of tenure which guarantees legal protection against forced eviction, harassment and other threats. States parties should consequently take immediate measures aimed at conferring legal security of tenure upon those persons and households currently lacking such protection, in genuine consultation with affected persons and groups. Forced evictions are therefore prima facie incompatible with the requirements of the ICESCR and may also result in violations of civil and political rights, such as the right to life, the right to security of the person, the right to non interference with privacy, family and home and the right to the peaceful enjoyment of possessions. State parties must introduce and implement national legislation that explicitly prohibits forced evictions and sets out a framework for eviction and resettlement processes to be carried out in line with international human rights law and standards. Prior to carrying out any evictions or shifts in land use which could result in depriving individuals of access to their productive resources, States parties should ensure that all feasible alternatives are explored in consultation with the affected persons, with a view to avoiding, or at least minimizing, the need to resort to evictions. In all cases, effective legal remedies or procedures shall be provided to those who are affected by eviction orders. See CESCR, GCs Nos. 4, 7 and 26.

CESCR has clarified that legal security of tenure is a core aspect of the right to adequate housing. It has also indicated that notwithstanding the type of tenure, all persons should possess a degree of security of tenure which guarantees legal protection against forced eviction, harassment and other threats. States parties should consequently take immediate measures aimed at conferring legal security of tenure upon those persons and households currently lacking such protection, in genuine consultation with affected persons and groups. Forced evictions are therefore prima facie incompatible with the requirements of the ICESCR and may also result in violations of civil and political rights, such as the right to life, the right to security of the person, the right to non interference with privacy, family and home and the right to the peaceful enjoyment of possessions. State parties must introduce and implement national legislation that explicitly prohibits forced evictions and sets out a framework for eviction and resettlement processes to be carried out in line with international human rights law and standards. Prior to carrying out any evictions or shifts in land use which could result in depriving individuals of access to their productive resources, States parties should ensure that all feasible alternatives are explored in consultation with the affected persons, with a view to avoiding, or at least minimizing, the need to resort to evictions. In all cases, effective legal remedies or procedures shall be provided to those who are affected by eviction orders. See CESCR, GCs Nos. 4, 7 and 26.

With regard to the exercise of the cultural rights protected under article 27 of ICCPR, the HRC has clarified that "culture manifests itself in many forms, including a particular way of life associated with the use of land resources, specially in the case of indigenous peoples. That right may include such traditional activities as fishing or hunting and the right to live in reserves protected by law. The enjoyment of those rights may require positive legal measures of protection and measures to ensure the effective participation of members of minority communities in decisions which affect them". See HRC GC No. 23.

The aspect of consistency with international and national legal obligations is related to the Rule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/). As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32.

The aspect of consistency with international and national legal obligations is related to the Rule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/). As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32.

The aspect of consistency with international and national legal obligations is related to the Rule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/). As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32.

The aspect of consistency with international and national legal obligations is related to the Rule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/). As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32.

The aspect of consistency with international and national legal obligations is related to the Rule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/). As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32.

The aspect of consistency with international and national legal obligations is related to the Rule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/). As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32.

CESCR has clarified that legal security of tenure is a core aspect of the right to adequate housing. It has also indicated that notwithstanding the type of tenure, all persons should possess a degree of security of tenure which guarantees legal protection against forced eviction, harassment and other threats. States parties should consequently take immediate measures aimed at conferring legal security of tenure upon those persons and households currently lacking such protection, in genuine consultation with affected persons and groups. Forced evictions are therefore prima facie incompatible with the requirements of the ICESCR and may also result in violations of civil and political rights, such as the right to life, the right to security of the person, the right to non interference with privacy, family and home and the right to the peaceful enjoyment of possessions. State parties must introduce and implement national legislation that explicitly prohibits forced evictions and sets out a framework for eviction and resettlement processes to be carried out in line with international human rights law and standards. Prior to carrying out any evictions or shifts in land use which could result in depriving individuals of access to their productive resources, States parties should ensure that all feasible alternatives are explored in consultation with the affected persons, with a view to avoiding, or at least minimizing, the need to resort to evictions. In all cases, effective legal remedies or procedures shall be provided to those who are affected by eviction orders. See CESCR, GCs Nos. 4, 7 and 26.

CESCR has clarified that legal security of tenure is a core aspect of the right to adequate housing. It has also indicated that notwithstanding the type of tenure, all persons should possess a degree of security of tenure which guarantees legal protection against forced eviction, harassment and other threats. States parties should consequently take immediate measures aimed at conferring legal security of tenure upon those persons and households currently lacking such protection, in genuine consultation with affected persons and groups. Forced evictions are therefore prima facie incompatible with the requirements of the ICESCR and may also result in violations of civil and political rights, such as the right to life, the right to security of the person, the right to non interference with privacy, family and home and the right to the peaceful enjoyment of possessions. State parties must introduce and implement national legislation that explicitly prohibits forced evictions and sets out a framework for eviction and resettlement processes to be carried out in line with international human rights law and standards. Prior to carrying out any evictions or shifts in land use which could result in depriving individuals of access to their productive resources, States parties should ensure that all feasible alternatives are explored in consultation with the affected persons, with a view to avoiding, or at least minimizing, the need to resort to evictions. In all cases, effective legal remedies or procedures shall be provided to those who are affected by eviction orders. See CESCR, GCs Nos. 4, 7 and 26.

The UN Declaration on the Right to Development defines the right to development as "an inalienable human right by virtue of which every human person and all peoples are entitled to participate in, contribute to, and enjoy economic, social, cultural and political development, in which all human rights and fundamental freedoms can be fully realized. It recognizes that States have the right and the duty to formulate appropriate national development policies that aim at the constant improvement of the well-being of the entire population and of all individuals, on the basis of their active, free and meaningful participation in development and in the fair distribution of the benefits resulting therefrom." Under the human-rights based approach to development, development plans, policies and strategies shall be anchored in and be guided by international human rights obligations, including all civil, political, social, economic and cultural rights and the right to development. In this section, emphasis is placed on the right to development. The right to development is also enshrined in a number of regional human rights instruments.

The right to land is not explicitly referenced in international human rights instruments with the notable exception of those relating to the rights of indigenous peoples, and peasants. However, as security of tenure and access to land has such a significant impact on the enjoyment of human rights, the CESCR has clarified states’ obligations relating to the impact of access to, use of and control over land on the enjoyment of the rights enshrined in the ICESCR, especially for the most disadvantaged and marginalized individuals and groups. It has thus clarified the specific obligations contained in the Covenant that relate to land, particularly in the context of the rights enshrined in articles 1–3, 11, 12 and 15. It has highlighted that land plays an essential role in the realization of a range of rights under the ICESCR. Secure and equitable access to, use of and control over land for individuals and communities can be essential to eradicate hunger and poverty and to guarantee the right to an adequate standard of living. The sustainable use of land is essential to ensure the right to a clean, healthy and sustainable environment and to promote the right to development, among other rights. Further, land is not only a resource for producing food, generating income and developing housing, it also constitutes the basis for social, cultural and religious practices and the enjoyment of the right to take part in cultural life. At the same time, secure land tenure systems are important to protect people’s access to land as a means of guaranteeing livelihoods and avoiding and regulating disputes. See CESCR General Comment No. 26 (2022) on land and economic, social and cultural rights (E/C.12/GC/26).

The right to land is not explicitly referenced in international human rights instruments with the notable exception of those relating to the rights of indigenous peoples, and peasants. However, as security of tenure and access to land has such a significant impact on the enjoyment of human rights, the CESCR has clarified states’ obligations relating to the impact of access to, use of and control over land on the enjoyment of the rights enshrined in the ICESCR, especially for the most disadvantaged and marginalized individuals and groups. It has thus clarified the specific obligations contained in the Covenant that relate to land, particularly in the context of the rights enshrined in articles 1–3, 11, 12 and 15. It has highlighted that land plays an essential role in the realization of a range of rights under the ICESCR. Secure and equitable access to, use of and control over land for individuals and communities can be essential to eradicate hunger and poverty and to guarantee the right to an adequate standard of living. The sustainable use of land is essential to ensure the right to a clean, healthy and sustainable environment and to promote the right to development, among other rights. Further, land is not only a resource for producing food, generating income and developing housing, it also constitutes the basis for social, cultural and religious practices and the enjoyment of the right to take part in cultural life. At the same time, secure land tenure systems are important to protect people’s access to land as a means of guaranteeing livelihoods and avoiding and regulating disputes. See CESCR General Comment No. 26 (2022) on land and economic, social and cultural rights (E/C.12/GC/26).

The right to land is not explicitly referenced in international human rights instruments with the notable exception of those relating to the rights of indigenous peoples, and peasants. However, as security of tenure and access to land has such a significant impact on the enjoyment of human rights, the CESCR has clarified states’ obligations relating to the impact of access to, use of and control over land on the enjoyment of the rights enshrined in the ICESCR, especially for the most disadvantaged and marginalized individuals and groups. It has thus clarified the specific obligations contained in the Covenant that relate to land, particularly in the context of the rights enshrined in articles 1–3, 11, 12 and 15. It has highlighted that land plays an essential role in the realization of a range of rights under the ICESCR. Secure and equitable access to, use of and control over land for individuals and communities can be essential to eradicate hunger and poverty and to guarantee the right to an adequate standard of living. The sustainable use of land is essential to ensure the right to a clean, healthy and sustainable environment and to promote the right to development, among other rights. Further, land is not only a resource for producing food, generating income and developing housing, it also constitutes the basis for social, cultural and religious practices and the enjoyment of the right to take part in cultural life. At the same time, secure land tenure systems are important to protect people’s access to land as a means of guaranteeing livelihoods and avoiding and regulating disputes. See CESCR General Comment No. 26 (2022) on land and economic, social and cultural rights (E/C.12/GC/26).

CESCR has stated that forced evictions are prima facie incompatible with the requirements of article 11 of the ICESCR. It has also indicated that notwithstanding the type of tenure, all persons should possess a degree of security of tenure which guarantees legal protection against forced eviction, harassment and other threats. States parties shall ensure, prior to carrying out any evictions, and particularly those involving large groups, that all feasible alternatives are explored in consultation with the affected persons. Forced evictions are 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. The State itself must refrain from forced evictions and ensure that the law is enforced against its agents or third parties who carry out forced evictions. State parties must introduce and implement national legislation that explicitly prohibits forced evictions and sets out a framework for eviction and resettlement processes to be carried out in line with international human rights law and standards. Prior to carrying out any evictions or shifts in land use which could result in depriving individuals of access to their productive resources, States parties should ensure that all feasible alternatives are explored in consultation with the affected persons, with a view to avoiding, or at least minimizing, the need to resort to evictions. In all cases, effective legal remedies or procedures shall be provided to those who are affected by eviction orders. CESCR has also clarified the link with by article 17.1 of the International Covenant on Civil and Political Rights which complements the right not to be forcefully evicted without adequate protection. That provision recognizes, inter alia, the right to be protected against “arbitrary or unlawful interference” with one’s home. The CESCR considers that the procedural protections which should be applied in relation to forced evictions include: (a) an opportunity for genuine consultation with those affected; (b) adequate and reasonable notice for all affected persons prior to the scheduled date of eviction; (c) information on the proposed evictions, and, where applicable, on the alternative purpose for which the land or housing is to be used, to be made available in reasonable time to all those affected; (d) especially where groups of people are involved, government officials or their representatives to be present during an eviction; (e) all persons carrying out the eviction to be properly identified; (f) evictions not to take place in particularly bad weather or at night unless the affected persons consent otherwise; (g) provision of legal remedies; and (h) provision, where possible, of legal aid to persons who are in need of it to seek redress from the courts. Moreover, the CESCR has affirmed that evictions should not result in individuals being rendered homeless or vulnerable to the violation of other human rights. See CESCR, GCs Nos. 4, 7 and 26.

CESCR has clarified that legal security of tenure is a core aspect of the right to adequate housing. It has also indicated that notwithstanding the type of tenure, all persons should possess a degree of security of tenure which guarantees legal protection against forced eviction, harassment and other threats. States parties should consequently take immediate measures aimed at conferring legal security of tenure upon those persons and households currently lacking such protection, in genuine consultation with affected persons and groups. Forced evictions are therefore prima facie incompatible with the requirements of the ICESCR and may also result in violations of civil and political rights, such as the right to life, the right to security of the person, the right to non interference with privacy, family and home and the right to the peaceful enjoyment of possessions. State parties must introduce and implement national legislation that explicitly prohibits forced evictions and sets out a framework for eviction and resettlement processes to be carried out in line with international human rights law and standards. Prior to carrying out any evictions or shifts in land use which could result in depriving individuals of access to their productive resources, States parties should ensure that all feasible alternatives are explored in consultation with the affected persons, with a view to avoiding, or at least minimizing, the need to resort to evictions. In all cases, effective legal remedies or procedures shall be provided to those who are affected by eviction orders. See CESCR, GCs Nos. 4, 7 and 26.

CESCR has stated that forced evictions are prima facie incompatible with the requirements of article 11 of the ICESCR. It has also indicated that notwithstanding the type of tenure, all persons should possess a degree of security of tenure which guarantees legal protection against forced eviction, harassment and other threats. States parties shall ensure, prior to carrying out any evictions, and particularly those involving large groups, that all feasible alternatives are explored in consultation with the affected persons. Forced evictions are 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. The State itself must refrain from forced evictions and ensure that the law is enforced against its agents or third parties who carry out forced evictions. State parties must introduce and implement national legislation that explicitly prohibits forced evictions and sets out a framework for eviction and resettlement processes to be carried out in line with international human rights law and standards. Prior to carrying out any evictions or shifts in land use which could result in depriving individuals of access to their productive resources, States parties should ensure that all feasible alternatives are explored in consultation with the affected persons, with a view to avoiding, or at least minimizing, the need to resort to evictions. In all cases, effective legal remedies or procedures shall be provided to those who are affected by eviction orders. CESCR has also clarified the link with by article 17.1 of the International Covenant on Civil and Political Rights which complements the right not to be forcefully evicted without adequate protection. That provision recognizes, inter alia, the right to be protected against “arbitrary or unlawful interference” with one’s home. The CESCR considers that the procedural protections which should be applied in relation to forced evictions include: (a) an opportunity for genuine consultation with those affected; (b) adequate and reasonable notice for all affected persons prior to the scheduled date of eviction; (c) information on the proposed evictions, and, where applicable, on the alternative purpose for which the land or housing is to be used, to be made available in reasonable time to all those affected; (d) especially where groups of people are involved, government officials or their representatives to be present during an eviction; (e) all persons carrying out the eviction to be properly identified; (f) evictions not to take place in particularly bad weather or at night unless the affected persons consent otherwise; (g) provision of legal remedies; and (h) provision, where possible, of legal aid to persons who are in need of it to seek redress from the courts. Moreover, the CESCR has affirmed that evictions should not result in individuals being rendered homeless or vulnerable to the violation of other human rights. See CESCR, GCs Nos. 4, 7 and 26.

CESCR has clarified that legal security of tenure is a core aspect of the right to adequate housing. It has also indicated that notwithstanding the type of tenure, all persons should possess a degree of security of tenure which guarantees legal protection against forced eviction, harassment and other threats. States parties should consequently take immediate measures aimed at conferring legal security of tenure upon those persons and households currently lacking such protection, in genuine consultation with affected persons and groups. Forced evictions are therefore prima facie incompatible with the requirements of the ICESCR and may also result in violations of civil and political rights, such as the right to life, the right to security of the person, the right to non interference with privacy, family and home and the right to the peaceful enjoyment of possessions. State parties must introduce and implement national legislation that explicitly prohibits forced evictions and sets out a framework for eviction and resettlement processes to be carried out in line with international human rights law and standards. Prior to carrying out any evictions or shifts in land use which could result in depriving individuals of access to their productive resources, States parties should ensure that all feasible alternatives are explored in consultation with the affected persons, with a view to avoiding, or at least minimizing, the need to resort to evictions. In all cases, effective legal remedies or procedures shall be provided to those who are affected by eviction orders. See CESCR, GCs Nos. 4, 7 and 26.

CESCR has stated that forced evictions are prima facie incompatible with the requirements of article 11 of the ICESCR. It has also indicated that notwithstanding the type of tenure, all persons should possess a degree of security of tenure which guarantees legal protection against forced eviction, harassment and other threats. States parties shall ensure, prior to carrying out any evictions, and particularly those involving large groups, that all feasible alternatives are explored in consultation with the affected persons. Forced evictions are 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. The State itself must refrain from forced evictions and ensure that the law is enforced against its agents or third parties who carry out forced evictions. State parties must introduce and implement national legislation that explicitly prohibits forced evictions and sets out a framework for eviction and resettlement processes to be carried out in line with international human rights law and standards. Prior to carrying out any evictions or shifts in land use which could result in depriving individuals of access to their productive resources, States parties should ensure that all feasible alternatives are explored in consultation with the affected persons, with a view to avoiding, or at least minimizing, the need to resort to evictions. In all cases, effective legal remedies or procedures shall be provided to those who are affected by eviction orders. CESCR has also clarified the link with by article 17.1 of the International Covenant on Civil and Political Rights which complements the right not to be forcefully evicted without adequate protection. That provision recognizes, inter alia, the right to be protected against “arbitrary or unlawful interference” with one’s home. The CESCR considers that the procedural protections which should be applied in relation to forced evictions include: (a) an opportunity for genuine consultation with those affected; (b) adequate and reasonable notice for all affected persons prior to the scheduled date of eviction; (c) information on the proposed evictions, and, where applicable, on the alternative purpose for which the land or housing is to be used, to be made available in reasonable time to all those affected; (d) especially where groups of people are involved, government officials or their representatives to be present during an eviction; (e) all persons carrying out the eviction to be properly identified; (f) evictions not to take place in particularly bad weather or at night unless the affected persons consent otherwise; (g) provision of legal remedies; and (h) provision, where possible, of legal aid to persons who are in need of it to seek redress from the courts. Moreover, the CESCR has affirmed that evictions should not result in individuals being rendered homeless or vulnerable to the violation of other human rights. See CESCR, GCs Nos. 4, 7 and 26.

With regard to the exercise of the cultural rights protected under article 27 of ICCPR, the HRC has clarified that "culture manifests itself in many forms, including a particular way of life associated with the use of land resources, specially in the case of indigenous peoples. That right may include such traditional activities as fishing or hunting and the right to live in reserves protected by law. The enjoyment of those rights may require positive legal measures of protection and measures to ensure the effective participation of members of minority communities in decisions which affect them". See HRC GC No. 23.

The right to land is not explicitly referenced in international human rights instruments with the notable exception of those relating to the rights of indigenous peoples, and peasants. However, as security of tenure and access to land has such a significant impact on the enjoyment of human rights, the CESCR has clarified states’ obligations relating to the impact of access to, use of and control over land on the enjoyment of the rights enshrined in the ICESCR, especially for the most disadvantaged and marginalized individuals and groups. It has thus clarified the specific obligations contained in the Covenant that relate to land, particularly in the context of the rights enshrined in articles 1–3, 11, 12 and 15. It has highlighted that land plays an essential role in the realization of a range of rights under the ICESCR. Secure and equitable access to, use of and control over land for individuals and communities can be essential to eradicate hunger and poverty and to guarantee the right to an adequate standard of living. The sustainable use of land is essential to ensure the right to a clean, healthy and sustainable environment and to promote the right to development, among other rights. Further, land is not only a resource for producing food, generating income and developing housing, it also constitutes the basis for social, cultural and religious practices and the enjoyment of the right to take part in cultural life. At the same time, secure land tenure systems are important to protect people’s access to land as a means of guaranteeing livelihoods and avoiding and regulating disputes. See CESCR General Comment No. 26 (2022) on land and economic, social and cultural rights (E/C.12/GC/26).

The right to land is not explicitly referenced in international human rights instruments with the notable exception of those relating to the rights of indigenous peoples, and peasants. However, as security of tenure and access to land has such a significant impact on the enjoyment of human rights, the CESCR has clarified states’ obligations relating to the impact of access to, use of and control over land on the enjoyment of the rights enshrined in the ICESCR, especially for the most disadvantaged and marginalized individuals and groups. It has thus clarified the specific obligations contained in the Covenant that relate to land, particularly in the context of the rights enshrined in articles 1–3, 11, 12 and 15. It has highlighted that land plays an essential role in the realization of a range of rights under the ICESCR. Secure and equitable access to, use of and control over land for individuals and communities can be essential to eradicate hunger and poverty and to guarantee the right to an adequate standard of living. The sustainable use of land is essential to ensure the right to a clean, healthy and sustainable environment and to promote the right to development, among other rights. Further, land is not only a resource for producing food, generating income and developing housing, it also constitutes the basis for social, cultural and religious practices and the enjoyment of the right to take part in cultural life. At the same time, secure land tenure systems are important to protect people’s access to land as a means of guaranteeing livelihoods and avoiding and regulating disputes. See CESCR General Comment No. 26 (2022) on land and economic, social and cultural rights (E/C.12/GC/26).

The right to land is not explicitly referenced in international human rights instruments with the notable exception of those relating to the rights of indigenous peoples, and peasants. However, as security of tenure and access to land has such a significant impact on the enjoyment of human rights, the CESCR has clarified states’ obligations relating to the impact of access to, use of and control over land on the enjoyment of the rights enshrined in the ICESCR, especially for the most disadvantaged and marginalized individuals and groups. It has thus clarified the specific obligations contained in the Covenant that relate to land, particularly in the context of the rights enshrined in articles 1–3, 11, 12 and 15. It has highlighted that land plays an essential role in the realization of a range of rights under the ICESCR. Secure and equitable access to, use of and control over land for individuals and communities can be essential to eradicate hunger and poverty and to guarantee the right to an adequate standard of living. The sustainable use of land is essential to ensure the right to a clean, healthy and sustainable environment and to promote the right to development, among other rights. Further, land is not only a resource for producing food, generating income and developing housing, it also constitutes the basis for social, cultural and religious practices and the enjoyment of the right to take part in cultural life. At the same time, secure land tenure systems are important to protect people’s access to land as a means of guaranteeing livelihoods and avoiding and regulating disputes. See CESCR General Comment No. 26 (2022) on land and economic, social and cultural rights (E/C.12/GC/26).

The right to land is not explicitly referenced in international human rights instruments with the notable exception of those relating to the rights of indigenous peoples, and peasants. However, as security of tenure and access to land has such a significant impact on the enjoyment of human rights, the CESCR has clarified states’ obligations relating to the impact of access to, use of and control over land on the enjoyment of the rights enshrined in the ICESCR, especially for the most disadvantaged and marginalized individuals and groups. It has thus clarified the specific obligations contained in the Covenant that relate to land, particularly in the context of the rights enshrined in articles 1–3, 11, 12 and 15. It has highlighted that land plays an essential role in the realization of a range of rights under the ICESCR. Secure and equitable access to, use of and control over land for individuals and communities can be essential to eradicate hunger and poverty and to guarantee the right to an adequate standard of living. The sustainable use of land is essential to ensure the right to a clean, healthy and sustainable environment and to promote the right to development, among other rights. Further, land is not only a resource for producing food, generating income and developing housing, it also constitutes the basis for social, cultural and religious practices and the enjoyment of the right to take part in cultural life. At the same time, secure land tenure systems are important to protect people’s access to land as a means of guaranteeing livelihoods and avoiding and regulating disputes. See CESCR General Comment No. 26 (2022) on land and economic, social and cultural rights (E/C.12/GC/26).

The right to land is not explicitly referenced in international human rights instruments with the notable exception of those relating to the rights of indigenous peoples, and peasants. However, as security of tenure and access to land has such a significant impact on the enjoyment of human rights, the CESCR has clarified states’ obligations relating to the impact of access to, use of and control over land on the enjoyment of the rights enshrined in the ICESCR, especially for the most disadvantaged and marginalized individuals and groups. It has thus clarified the specific obligations contained in the Covenant that relate to land, particularly in the context of the rights enshrined in articles 1–3, 11, 12 and 15. It has highlighted that land plays an essential role in the realization of a range of rights under the ICESCR. Secure and equitable access to, use of and control over land for individuals and communities can be essential to eradicate hunger and poverty and to guarantee the right to an adequate standard of living. The sustainable use of land is essential to ensure the right to a clean, healthy and sustainable environment and to promote the right to development, among other rights. Further, land is not only a resource for producing food, generating income and developing housing, it also constitutes the basis for social, cultural and religious practices and the enjoyment of the right to take part in cultural life. At the same time, secure land tenure systems are important to protect people’s access to land as a means of guaranteeing livelihoods and avoiding and regulating disputes. See CESCR General Comment No. 26 (2022) on land and economic, social and cultural rights (E/C.12/GC/26).

The right to land is not explicitly referenced in international human rights instruments with the notable exception of those relating to the rights of indigenous peoples, and peasants. However, as security of tenure and access to land has such a significant impact on the enjoyment of human rights, the CESCR has clarified states’ obligations relating to the impact of access to, use of and control over land on the enjoyment of the rights enshrined in the ICESCR, especially for the most disadvantaged and marginalized individuals and groups. It has thus clarified the specific obligations contained in the Covenant that relate to land, particularly in the context of the rights enshrined in articles 1–3, 11, 12 and 15. It has highlighted that land plays an essential role in the realization of a range of rights under the ICESCR. Secure and equitable access to, use of and control over land for individuals and communities can be essential to eradicate hunger and poverty and to guarantee the right to an adequate standard of living. The sustainable use of land is essential to ensure the right to a clean, healthy and sustainable environment and to promote the right to development, among other rights. Further, land is not only a resource for producing food, generating income and developing housing, it also constitutes the basis for social, cultural and religious practices and the enjoyment of the right to take part in cultural life. At the same time, secure land tenure systems are important to protect people’s access to land as a means of guaranteeing livelihoods and avoiding and regulating disputes. See CESCR General Comment No. 26 (2022) on land and economic, social and cultural rights (E/C.12/GC/26).

The right to land is not explicitly referenced in international human rights instruments with the notable exception of those relating to the rights of indigenous peoples, and peasants. However, as security of tenure and access to land has such a significant impact on the enjoyment of human rights, the CESCR has clarified states’ obligations relating to the impact of access to, use of and control over land on the enjoyment of the rights enshrined in the ICESCR, especially for the most disadvantaged and marginalized individuals and groups. It has thus clarified the specific obligations contained in the Covenant that relate to land, particularly in the context of the rights enshrined in articles 1–3, 11, 12 and 15. It has highlighted that land plays an essential role in the realization of a range of rights under the ICESCR. Secure and equitable access to, use of and control over land for individuals and communities can be essential to eradicate hunger and poverty and to guarantee the right to an adequate standard of living. The sustainable use of land is essential to ensure the right to a clean, healthy and sustainable environment and to promote the right to development, among other rights. Further, land is not only a resource for producing food, generating income and developing housing, it also constitutes the basis for social, cultural and religious practices and the enjoyment of the right to take part in cultural life. At the same time, secure land tenure systems are important to protect people’s access to land as a means of guaranteeing livelihoods and avoiding and regulating disputes. See CESCR General Comment No. 26 (2022) on land and economic, social and cultural rights (E/C.12/GC/26).

CESCR has clarified that legal security of tenure is a core aspect of the right to adequate housing. It has also indicated that notwithstanding the type of tenure, all persons should possess a degree of security of tenure which guarantees legal protection against forced eviction, harassment and other threats. States parties should consequently take immediate measures aimed at conferring legal security of tenure upon those persons and households currently lacking such protection, in genuine consultation with affected persons and groups. Forced evictions are therefore prima facie incompatible with the requirements of the ICESCR and may also result in violations of civil and political rights, such as the right to life, the right to security of the person, the right to non interference with privacy, family and home and the right to the peaceful enjoyment of possessions. State parties must introduce and implement national legislation that explicitly prohibits forced evictions and sets out a framework for eviction and resettlement processes to be carried out in line with international human rights law and standards. Prior to carrying out any evictions or shifts in land use which could result in depriving individuals of access to their productive resources, States parties should ensure that all feasible alternatives are explored in consultation with the affected persons, with a view to avoiding, or at least minimizing, the need to resort to evictions. In all cases, effective legal remedies or procedures shall be provided to those who are affected by eviction orders. See CESCR, GCs Nos. 4, 7 and 26.

CESCR has clarified that legal security of tenure is a core aspect of the right to adequate housing. It has also indicated that notwithstanding the type of tenure, all persons should possess a degree of security of tenure which guarantees legal protection against forced eviction, harassment and other threats. States parties should consequently take immediate measures aimed at conferring legal security of tenure upon those persons and households currently lacking such protection, in genuine consultation with affected persons and groups. Forced evictions are therefore prima facie incompatible with the requirements of the ICESCR and may also result in violations of civil and political rights, such as the right to life, the right to security of the person, the right to non interference with privacy, family and home and the right to the peaceful enjoyment of possessions. State parties must introduce and implement national legislation that explicitly prohibits forced evictions and sets out a framework for eviction and resettlement processes to be carried out in line with international human rights law and standards. Prior to carrying out any evictions or shifts in land use which could result in depriving individuals of access to their productive resources, States parties should ensure that all feasible alternatives are explored in consultation with the affected persons, with a view to avoiding, or at least minimizing, the need to resort to evictions. In all cases, effective legal remedies or procedures shall be provided to those who are affected by eviction orders. See CESCR, GCs Nos. 4, 7 and 26.

With regard to the exercise of the cultural rights protected under article 27 of ICCPR, the HRC has clarified that "culture manifests itself in many forms, including a particular way of life associated with the use of land resources, specially in the case of indigenous peoples. That right may include such traditional activities as fishing or hunting and the right to live in reserves protected by law. The enjoyment of those rights may require positive legal measures of protection and measures to ensure the effective participation of members of minority communities in decisions which affect them". See HRC GC No. 23.

The right to land is not explicitly referenced in international human rights instruments with the notable exception of those relating to the rights of indigenous peoples, and peasants. However, as security of tenure and access to land has such a significant impact on the enjoyment of human rights, the CESCR has clarified states’ obligations relating to the impact of access to, use of and control over land on the enjoyment of the rights enshrined in the ICESCR, especially for the most disadvantaged and marginalized individuals and groups. It has thus clarified the specific obligations contained in the Covenant that relate to land, particularly in the context of the rights enshrined in articles 1–3, 11, 12 and 15. It has highlighted that land plays an essential role in the realization of a range of rights under the ICESCR. Secure and equitable access to, use of and control over land for individuals and communities can be essential to eradicate hunger and poverty and to guarantee the right to an adequate standard of living. The sustainable use of land is essential to ensure the right to a clean, healthy and sustainable environment and to promote the right to development, among other rights. Further, land is not only a resource for producing food, generating income and developing housing, it also constitutes the basis for social, cultural and religious practices and the enjoyment of the right to take part in cultural life. At the same time, secure land tenure systems are important to protect people’s access to land as a means of guaranteeing livelihoods and avoiding and regulating disputes. See CESCR General Comment No. 26 (2022) on land and economic, social and cultural rights (E/C.12/GC/26).

The right to land is not explicitly referenced in international human rights instruments with the notable exception of those relating to the rights of indigenous peoples, and peasants. However, as security of tenure and access to land has such a significant impact on the enjoyment of human rights, the CESCR has clarified states’ obligations relating to the impact of access to, use of and control over land on the enjoyment of the rights enshrined in the ICESCR, especially for the most disadvantaged and marginalized individuals and groups. It has thus clarified the specific obligations contained in the Covenant that relate to land, particularly in the context of the rights enshrined in articles 1–3, 11, 12 and 15. It has highlighted that land plays an essential role in the realization of a range of rights under the ICESCR. Secure and equitable access to, use of and control over land for individuals and communities can be essential to eradicate hunger and poverty and to guarantee the right to an adequate standard of living. The sustainable use of land is essential to ensure the right to a clean, healthy and sustainable environment and to promote the right to development, among other rights. Further, land is not only a resource for producing food, generating income and developing housing, it also constitutes the basis for social, cultural and religious practices and the enjoyment of the right to take part in cultural life. At the same time, secure land tenure systems are important to protect people’s access to land as a means of guaranteeing livelihoods and avoiding and regulating disputes. See CESCR General Comment No. 26 (2022) on land and economic, social and cultural rights (E/C.12/GC/26).

The right to land is not explicitly referenced in international human rights instruments with the notable exception of those relating to the rights of indigenous peoples, and peasants. However, as security of tenure and access to land has such a significant impact on the enjoyment of human rights, the CESCR has clarified states’ obligations relating to the impact of access to, use of and control over land on the enjoyment of the rights enshrined in the ICESCR, especially for the most disadvantaged and marginalized individuals and groups. It has thus clarified the specific obligations contained in the Covenant that relate to land, particularly in the context of the rights enshrined in articles 1–3, 11, 12 and 15. It has highlighted that land plays an essential role in the realization of a range of rights under the ICESCR. Secure and equitable access to, use of and control over land for individuals and communities can be essential to eradicate hunger and poverty and to guarantee the right to an adequate standard of living. The sustainable use of land is essential to ensure the right to a clean, healthy and sustainable environment and to promote the right to development, among other rights. Further, land is not only a resource for producing food, generating income and developing housing, it also constitutes the basis for social, cultural and religious practices and the enjoyment of the right to take part in cultural life. At the same time, secure land tenure systems are important to protect people’s access to land as a means of guaranteeing livelihoods and avoiding and regulating disputes. See CESCR General Comment No. 26 (2022) on land and economic, social and cultural rights (E/C.12/GC/26).

This aspect can be said to be covered under the general human rights obligations to respect, protect and fulfil the rights listed in the previous guidelines.

This aspect can be said to be covered under the general human rights obligations to respect, protect and fulfil the rights listed in the previous guidelines.

This aspect can be said to be covered under the general human rights obligations to respect, protect and fulfil the rights listed in the previous guidelines.

This aspect can be said to be covered under the general human rights obligations to respect, protect and fulfil the rights listed in the previous guidelines.

This aspect can be said to be covered under the general human rights obligations to respect, protect and fulfil the rights listed in the previous guidelines.

This aspect can be said to be covered under the general human rights obligations to respect, protect and fulfil the rights listed in the previous guidelines.

This aspect can be said to be covered under the general human rights obligations to respect, protect and fulfil the rights listed in the previous guidelines.

This aspect can be said to be covered under the general human rights obligations to respect, protect and fulfil the rights listed in the previous guidelines. As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32.

This aspect can be said to be covered under the general human rights obligations to respect, protect and fulfil the rights listed in the previous guidelines.

This aspect can be said to be covered under the general human rights obligations to respect, protect and fulfil the rights listed in the previous guidelines.

This aspect can be said to be covered under the general human rights obligations to respect, protect and fulfil the rights listed in the previous guidelines.

This aspect can be said to be covered under the general human rights obligations to respect, protect and fulfil the rights listed in the previous guidelines.

This aspect can be said to be covered under the general human rights obligations to respect, protect and fulfil the rights listed in the previous guidelines.

In this section, reference is made to the human rights standards underpinning the principles of responsible tenure in guideline 3.1. For additional explanatory notes concerning these standards see guideline 3.1.

In this section, reference is made to the human rights standards underpinning the principles of responsible tenure in guideline 3.1. For additional explanatory notes concerning these standards see guideline 3.1.

In this section, reference is made to the human rights standards underpinning the principles of responsible tenure in guideline 3.1. For additional explanatory notes concerning these standards see guideline 3.1.

In this section, reference is made to the human rights standards underpinning the principles of responsible tenure in guideline 3.1. For additional explanatory notes concerning these standards see guideline 3.1.

In this section, reference is made to the human rights standards underpinning the principles of responsible governance of tenure in guideline 3.1. For additional explanatory notes concerning these standards see guideline 3.1. The right to land is not explicitly referenced in international human rights instruments with the notable exception of those relating to the rights of indigenous peoples, and peasants. However, as security of tenure and access to land has such a significant impact on the enjoyment of human rights, the CESCR has clarified states’ obligations relating to the impact of access to, use of and control over land on the enjoyment of the rights enshrined in the ICESCR, especially for the most disadvantaged and marginalized individuals and groups. It has thus clarified the specific obligations contained in the Covenant that relate to land, particularly in the context of the rights enshrined in articles 1–3, 11, 12 and 15. It has highlighted that land plays an essential role in the realization of a range of rights under the ICESCR. Secure and equitable access to, use of and control over land for individuals and communities can be essential to eradicate hunger and poverty and to guarantee the right to an adequate standard of living. The sustainable use of land is essential to ensure the right to a clean, healthy and sustainable environment and to promote the right to development, among other rights. Further, land is not only a resource for producing food, generating income and developing housing, it also constitutes the basis for social, cultural and religious practices and the enjoyment of the right to take part in cultural life. At the same time, secure land tenure systems are important to protect people’s access to land as a means of guaranteeing livelihoods and avoiding and regulating disputes. See CESCR General Comment No. 26 (2022) on land and economic, social and cultural rights (E/C.12/GC/26).

In this section, reference is made to the human rights standards underpinning the principles of responsible governance of tenure in guideline 3.1. For additional explanatory notes concerning these standards see guideline 3.1. The right to land is not explicitly referenced in international human rights instruments with the notable exception of those relating to the rights of indigenous peoples, and peasants. However, as security of tenure and access to land has such a significant impact on the enjoyment of human rights, the CESCR has clarified states’ obligations relating to the impact of access to, use of and control over land on the enjoyment of the rights enshrined in the ICESCR, especially for the most disadvantaged and marginalized individuals and groups. It has thus clarified the specific obligations contained in the Covenant that relate to land, particularly in the context of the rights enshrined in articles 1–3, 11, 12 and 15. It has highlighted that land plays an essential role in the realization of a range of rights under the ICESCR. Secure and equitable access to, use of and control over land for individuals and communities can be essential to eradicate hunger and poverty and to guarantee the right to an adequate standard of living. The sustainable use of land is essential to ensure the right to a clean, healthy and sustainable environment and to promote the right to development, among other rights. Further, land is not only a resource for producing food, generating income and developing housing, it also constitutes the basis for social, cultural and religious practices and the enjoyment of the right to take part in cultural life. At the same time, secure land tenure systems are important to protect people’s access to land as a means of guaranteeing livelihoods and avoiding and regulating disputes. See CESCR General Comment No. 26 (2022) on land and economic, social and cultural rights (E/C.12/GC/26).

In this section, reference is made to the human rights standards underpinning the principles of responsible governance of tenure in guideline 3.1. For additional explanatory notes concerning these standards see guideline 3.1. The right to land is not explicitly referenced in international human rights instruments with the notable exception of those relating to the rights of indigenous peoples, and peasants. However, as security of tenure and access to land has such a significant impact on the enjoyment of human rights, the CESCR has clarified states’ obligations relating to the impact of access to, use of and control over land on the enjoyment of the rights enshrined in the ICESCR, especially for the most disadvantaged and marginalized individuals and groups. It has thus clarified the specific obligations contained in the Covenant that relate to land, particularly in the context of the rights enshrined in articles 1–3, 11, 12 and 15. It has highlighted that land plays an essential role in the realization of a range of rights under the ICESCR. Secure and equitable access to, use of and control over land for individuals and communities can be essential to eradicate hunger and poverty and to guarantee the right to an adequate standard of living. The sustainable use of land is essential to ensure the right to a clean, healthy and sustainable environment and to promote the right to development, among other rights. Further, land is not only a resource for producing food, generating income and developing housing, it also constitutes the basis for social, cultural and religious practices and the enjoyment of the right to take part in cultural life. At the same time, secure land tenure systems are important to protect people’s access to land as a means of guaranteeing livelihoods and avoiding and regulating disputes. See CESCR General Comment No. 26 (2022) on land and economic, social and cultural rights (E/C.12/GC/26).

In this section, reference is made to the human rights standards underpinning the principles of responsible tenure in guideline 3.1. For additional explanatory notes concerning these standards see guideline 3.1.

In this section, reference is made to the human rights standards underpinning the principles of responsible tenure in guideline 3.1. For additional explanatory notes concerning these standards see guideline 3.1.

In this section, reference is made to the human rights standards underpinning the principles of responsible tenure in guideline 3.1. For additional explanatory notes concerning these standards see guideline 3.1.

In this section, reference is made to the human rights standards underpinning the principles of responsible tenure in guideline 3.1. For additional explanatory notes concerning these standards see guideline 3.1.

The aspect of consistency with international and national legal obligations is related to the Rule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/). As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32.

The aspect of consistency with international and national legal obligations is related to the Rule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/). As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32.

The aspect of consistency with international and national legal obligations is related to the Rule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/). As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32.

The aspect of consistency with international and national legal obligations is related to the Rule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/). As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32.

The aspect of consistency with international and national legal obligations is related to the Rule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/). As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32.

The aspect of consistency with international and national legal obligations is related to the Rule of law as a principle of governance: All persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency (https://www.un.org/ruleoflaw/what-is-the-rule-of-law/). As clarified by the HRC, the right to equality before courts and tribunals and to a fair trial encompasses the right of access to courts and tribunals. See HRC, general comment no. 32.

CESCR has clarified that legal security of tenure is a core aspect of the right to adequate housing. It has also indicated that notwithstanding the type of tenure, all persons should possess a degree of security of tenure which guarantees legal protection against forced eviction, harassment and other threats. States parties should consequently take immediate measures aimed at conferring legal security of tenure upon those persons and households currently lacking such protection, in genuine consultation with affected persons and groups. Forced evictions are therefore prima facie incompatible with the requirements of the ICESCR and may also result in violations of civil and political rights, such as the right to life, the right to security of the person, the right to non interference with privacy, family and home and the right to the peaceful enjoyment of possessions. State parties must introduce and implement national legislation that explicitly prohibits forced evictions and sets out a framework for eviction and resettlement processes to be carried out in line with international human rights law and standards. Prior to carrying out any evictions or shifts in land use which could result in depriving individuals of access to their productive resources, States parties should ensure that all feasible alternatives are explored in consultation with the affected persons, with a view to avoiding, or at least minimizing, the need to resort to evictions. In all cases, effective legal remedies or procedures shall be provided to those who are affected by eviction orders. See CESCR, GCs Nos. 4, 7 and 26.

CESCR has clarified that legal security of tenure is a core aspect of the right to adequate housing. It has also indicated that notwithstanding the type of tenure, all persons should possess a degree of security of tenure which guarantees legal protection against forced eviction, harassment and other threats. States parties should consequently take immediate measures aimed at conferring legal security of tenure upon those persons and households currently lacking such protection, in genuine consultation with affected persons and groups. Forced evictions are therefore prima facie incompatible with the requirements of the ICESCR and may also result in violations of civil and political rights, such as the right to life, the right to security of the person, the right to non interference with privacy, family and home and the right to the peaceful enjoyment of possessions. State parties must introduce and implement national legislation that explicitly prohibits forced evictions and sets out a framework for eviction and resettlement processes to be carried out in line with international human rights law and standards. Prior to carrying out any evictions or shifts in land use which could result in depriving individuals of access to their productive resources, States parties should ensure that all feasible alternatives are explored in consultation with the affected persons, with a view to avoiding, or at least minimizing, the need to resort to evictions. In all cases, effective legal remedies or procedures shall be provided to those who are affected by eviction orders. See CESCR, GCs Nos. 4, 7 and 26.

With regard to the exercise of the cultural rights protected under article 27 of ICCPR, the HRC has clarified that "culture manifests itself in many forms, including a particular way of life associated with the use of land resources, specially in the case of indigenous peoples. That right may include such traditional activities as fishing or hunting and the right to live in reserves protected by law. The enjoyment of those rights may require positive legal measures of protection and measures to ensure the effective participation of members of minority communities in decisions which affect them". See HRC GC No. 23.

Although the right to a healthy environment, is not explicitly referred to in international human rights instruments, the United Nations has recognized that everyone, everywhere, has the right to live in a clean, healthy and sustainable environment. See Resolutions from the Human Rights Council in 2021 (A/HRC/RES/48/13) and the General Assembly in 2022 (A/RES/76/300). International human rights instruments all enshrine human rights obligations relating to the enjoyment of a safe, clean, healthy and sustainable environment, including both substantive and procedural aspects. These HR obligations include those related to the rights to life, health, food, housing, water and sanitation, and participation, among many others. The right to a healthy environment is also enshrined in a number of regional human rights instruments.

The right to land is not explicitly referenced in international human rights instruments with the notable exception of those relating to the rights of indigenous peoples, and peasants. However, as security of tenure and access to land has such a significant impact on the enjoyment of human rights, the CESCR has clarified states’ obligations relating to the impact of access to, use of and control over land on the enjoyment of the rights enshrined in the ICESCR, especially for the most disadvantaged and marginalized individuals and groups. It has thus clarified the specific obligations contained in the Covenant that relate to land, particularly in the context of the rights enshrined in articles 1–3, 11, 12 and 15. It has highlighted that land plays an essential role in the realization of a range of rights under the ICESCR. Secure and equitable access to, use of and control over land for individuals and communities can be essential to eradicate hunger and poverty and to guarantee the right to an adequate standard of living. The sustainable use of land is essential to ensure the right to a clean, healthy and sustainable environment and to promote the right to development, among other rights. Further, land is not only a resource for producing food, generating income and developing housing, it also constitutes the basis for social, cultural and religious practices and the enjoyment of the right to take part in cultural life. At the same time, secure land tenure systems are important to protect people’s access to land as a means of guaranteeing livelihoods and avoiding and regulating disputes. See CESCR General Comment No. 26 (2022) on land and economic, social and cultural rights (E/C.12/GC/26).

The right to land is not explicitly referenced in international human rights instruments with the notable exception of those relating to the rights of indigenous peoples, and peasants. However, as security of tenure and access to land has such a significant impact on the enjoyment of human rights, the CESCR has clarified states’ obligations relating to the impact of access to, use of and control over land on the enjoyment of the rights enshrined in the ICESCR, especially for the most disadvantaged and marginalized individuals and groups. It has thus clarified the specific obligations contained in the Covenant that relate to land, particularly in the context of the rights enshrined in articles 1–3, 11, 12 and 15. It has highlighted that land plays an essential role in the realization of a range of rights under the ICESCR. Secure and equitable access to, use of and control over land for individuals and communities can be essential to eradicate hunger and poverty and to guarantee the right to an adequate standard of living. The sustainable use of land is essential to ensure the right to a clean, healthy and sustainable environment and to promote the right to development, among other rights. Further, land is not only a resource for producing food, generating income and developing housing, it also constitutes the basis for social, cultural and religious practices and the enjoyment of the right to take part in cultural life. At the same time, secure land tenure systems are important to protect people’s access to land as a means of guaranteeing livelihoods and avoiding and regulating disputes. See CESCR General Comment No. 26 (2022) on land and economic, social and cultural rights (E/C.12/GC/26).

The right to land is not explicitly referenced in international human rights instruments with the notable exception of those relating to the rights of indigenous peoples, and peasants. However, as security of tenure and access to land has such a significant impact on the enjoyment of human rights, the CESCR has clarified states’ obligations relating to the impact of access to, use of and control over land on the enjoyment of the rights enshrined in the ICESCR, especially for the most disadvantaged and marginalized individuals and groups. It has thus clarified the specific obligations contained in the Covenant that relate to land, particularly in the context of the rights enshrined in articles 1–3, 11, 12 and 15. It has highlighted that land plays an essential role in the realization of a range of rights under the ICESCR. Secure and equitable access to, use of and control over land for individuals and communities can be essential to eradicate hunger and poverty and to guarantee the right to an adequate standard of living. The sustainable use of land is essential to ensure the right to a clean, healthy and sustainable environment and to promote the right to development, among other rights. Further, land is not only a resource for producing food, generating income and developing housing, it also constitutes the basis for social, cultural and religious practices and the enjoyment of the right to take part in cultural life. At the same time, secure land tenure systems are important to protect people’s access to land as a means of guaranteeing livelihoods and avoiding and regulating disputes. See CESCR General Comment No. 26 (2022) on land and economic, social and cultural rights (E/C.12/GC/26).