A/HRC/16/63
adequate housing has been defined as the right of every woman, man, youth and child to
gain and sustain a secure home and community in which to live in peace and dignity.75
47.
According to the Committee on Economic, Social and Cultural Rights, every person,
including those working in rural areas, has a right to housing, which guarantees at all times
the minimum conditions of legal security of tenure, including protection against forced
eviction; availability of essential services, materials, facilities and infrastructure, including
access to safe drinking water and sanitation; affordability, including for the poorest,
through housing subsidies, protection against unreasonable rent levels or rent increases;
habitability, including protection from cold, damp, heat, rain, wind or other threats to
health; accessibility for disadvantaged groups, including the elderly, children, the
physically disabled and victims of natural disasters; and a suitable location, far from
sources of pollution while close to schools and health-care services.76
48.
The Committee also emphasized that States parties are under an obligation to put an
end to forced evictions, 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”.77
These forced evictions are prima facie incompatible with the States’ obligations under the
Covenant; notwithstanding the type of tenure, all persons should possess a degree of
security of tenure that guarantees legal protection against forced eviction, harassment and
other threats.77
3.
Right to health
49.
The right to health was proclaimed in article 25 of the Universal Declaration of
Human Rights and recognized in article 12 of the Covenant, where it is defined as the right
to enjoy the highest attainable standard of health conducive to living a life in dignity. The
right to health includes the provision of adequate health care, but also the underlying
determinants of health, such as access to safe and potable water and adequate sanitation, an
adequate supply of safe food, nutrition and housing, healthy occupational and
environmental conditions, and access to health-related education and information, including
on sexual and reproductive health.78
50.
According to the Committee on Economic, Social and Cultural Rights, States parties
to the Covenant must ensure that medical services and the underlying determinants of
health are available to all, including people working in rural areas. Furthermore, States have
a minimum core obligation to ensure, as a minimum and at all times, the right of access to
health facilities, goods and services on a non-discriminatory basis, especially for vulnerable
or marginalized groups; access to the minimum essential food that is nutritionally adequate
and safe to ensure freedom from hunger to everyone; and access to basic shelter, housing
and sanitation, and an adequate supply of safe drinking water.79
B.
International Covenant on Civil and Political Rights
51.
Many rights enshrined in the International Covenant on Civil and Political Rights
offer protection to peasants and other people working in rural areas. Of these, the most
75
76
77
78
79
16
E/CN.4/2001/51, para. 8.
Official Records of the Economic and Social Council, 1992, Supplement No. 3 (E/1992/23), para. 8.
Ibid., 1998, Supplement No. 2 (E/1998/22), annex IV, para. 3.
E/C.12/2000/4, paras. 1 and 4.
Ibid., paras. 12, 36 and 43.
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