A/HRC/7/16
page 10
D. Discrimination
22. In the context of the indivisibility and universality of human rights, it is important to
recognize that the struggle against discrimination is of the utmost importance in achieving the
right to adequate housing. The realization of the right to adequate housing in an environment free
from discrimination will have a direct bearing on other congruent human rights, including the
right to life, the right to an adequate standard of living, the right to freedom of movement and
residence, the right to protection against arbitrary or unlawful interference with privacy, family
and home, and the right to participation in public affairs.14
23. Discrimination and segregation in housing can be based not only on grounds of race, class
or gender, but can also result from poverty and economic marginalization.15 The Special
Rapporteur has expressed concern, in various mission reports, regarding the continued
discrimination faced by ethnic and religious minorities and nomadic groups, as reflected in the
disproportionately inadequate housing and living conditions of these groups; the considerable
number of alleged cases of discriminatory land confiscation and forced evictions; discrimination
against women with respect to housing rights, land, inheritance and property; and the poor and
limited quantity and quality of basic services provided to informal settlements and low-income
groups and neighbourhoods.
24. The placing of the discrimination aspects of housing within the context of the indivisibility
and universality of human rights is critical. The realization of the right to adequate housing in an
environment free from racial discrimination will have a direct bearing on other congruent human
rights, including the right to life, the right to an adequate standard of living, the right to freedom
of movement and residence, the right to protection against arbitrary or unlawful interference with
privacy, family and home, and the right to popular participation.16
25. Forced evictions based on ethnic grounds intensify inequality, social conflict, segregation
and “ghettoization”, and invariably affect the poorest, most socially and economically vulnerable
and marginalized sectors of society.17 The Special Rapporteur has brought these issues to the
14
Non-discrimination is a fundamental principle of international human rights as strongly
reflected in the International Covenant on Civil and Political Rights, International Covenant on
Economic, Social and Cultural Rights, Convention on the Rights of the Child, Convention on the
Elimination of All Forms of Discrimination against Women and the International Convention on
the Elimination of All Forms of Racial Discrimination.
15
See E/CN.4/2002/59.
16
Ibid., para. 38.
17
See joint statement by the Council of Europe’s Commissioner for Human Rights, and the
Special Rapporteur on the right to adequate housing of 24 October 2007 available at
http://www.unhchr.ch/huricane/huricane.nsf/view01/824CB02DF5A5C358C125737E00367C30
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