A/HRC/40/61 33. The Revised European Social Charter has provided an important context for advancing claims related to the progressive realization of the right to housing. Article 31 of the Revised Charter requires States to undertake positive measures to promote access to adequate housing in order to prevent and reduce homelessness and to ensure affordable housing for low-income households. In FEANTSA v. France the European Committee on Social Rights clarified the obligation on States to “take steps within a reasonable time, with measurable progress and making maximum use of available resources”. 38 More recent cases have addressed the right to housing of the Traveller and Roma communities, families and unaccompanied children.39 34. Despite the emerging regional and domestic jurisprudence, the extent to which claimants are securing access to justice for the progressive realization of the right to housing remains extremely limited. Ensuring access to justice in this context is an immediate and urgent obligation. All States must adopt housing strategies that include claiming mechanisms for accountability to the obligations of eliminating homelessness and realizing the right to adequate housing for all in the shortest possible time. 40 As noted in the Special Rapporteur’s previous report, these legal obligations should be aligned with the commitments made in the 2030 Agenda for Sustainable Development to ensure adequate housing for all by 2030.41 IV. Access to justice in the context of evictions and displacement A. Affirming the rule of law and halting forced evictions 35. The definition of forced evictions under international human rights law centres on the denial of access to justice, and access to justice is critical for their prevention. Forced evictions are defined as “the permanent or temporary removal against their will of individuals, families and/or communities from the home and/or land which they occupy, without the provision of, and access to, appropriate forms of legal or other protection”. 42 This definition also applies to any removal of homeless people from where they are living. Forced evictions constitute a gross violation of international human rights and must be strictly prohibited in domestic law, properly enforced by courts. Court orders must be fully respected and implemented by State authorities. 43 36. Access to justice must ensure that eviction is only carried out as a last resort, in accordance with all legal requirements and with prior genuine consultation with those affected, that all viable alternatives to the eviction are explored, and that no one will be rendered homeless as a result of the eviction. Courts must require all appropriate measures to be taken to ensure, where possible, that adequate alternative land and housing are available. 44 Victims of forced evictions must receive fair and just compensation for any losses, both personal and real, including the loss of other property or goods. 45 Where 38 39 40 41 42 43 44 45 10 European Committee on Social Rights, European Federation of National Organisations Working with the Homeless (FEANTSA) v. France (complaint No. 39/2006), Merits, decision of 5 December 2007, para. 58. European Committee on Social Rights, European Roma and Travelers v. Czech Republic (complaint No. 104/2014), Merits, decision of 17 May 2016; International Federation for Human Rights (FIDH) v. Ireland (complaint No. 110/2014), Merits, decision of 12 May 2017; and European Committee for Home Based Priority Action for the Child and the Family v. France (complaint No. 114/2015), Merits, decision of 24 January 2018. See general comment No. 4. See also OL CAN 2/2018, available from the communications database of special procedures (www.ohchr.org/en/hrbodies/sp/pages/communicationsreportssp.aspx). See A/HRC/37/53. Committee on Economic, Social and Cultural Rights, general comment No. 7 (1997) on forced evictions, para. 4. Commission on Human Rights resolutions 1993/77 and 2004/28. See general comment No. 7; and E/C.12/61/D/5/2015, paras. 13.4 and 15.1–15.2. General comment No. 7, para. 13.