A/HRC/22/46
11.
Informal settlements are by no means the only example of tenure insecurity. In fact,
a wide range of individuals and groups may be insecure:12 refugees and internally displaced
persons, affected by or under threat of conflicts, disasters and climate change; people on
land set aside or affected by development projects; residents of informal settlements;
occupants of valuable land; tenants with or without legal leases/titles, in informal
settlements or formal contexts, in rural and urban areas; internal or international migrants;
minorities; nomadic communities; groups affected by stigma or caste-based discrimination;
the poor, landless, jobless and/or homeless; sharecroppers; bonded labourers; other
marginalized groups, such as persons with disabilities or persons living with HIV; children;
indigenous peoples; groups with customary land rights; and even individual property
owners.
12.
Among all these, women, who often have to depend on a man to gain access to
housing and secure tenure, are particularly vulnerable. Single and older women, in
particular, too often do not have the legal empowerment, education or financial resources to
defend their tenure.
13.
While no one appears fully protected from tenure insecurity, it is evident that the
most marginalized and poorest bear the brunt of the insecurity burden.
C.
Why security of tenure matters
14.
The Human Rights Council, in its resolution 15/8, requested the Special Rapporteur
on adequate housing to identify best practices as well as challenges and obstacles to the full
realization of the right to adequate housing, and identify protection gaps in that regard. As
the above overview shows, a central challenge to the realization of the right to adequate
housing is the lack of security of tenure.
15.
Insecure tenure arguably annuls all other aspects of adequate housing—what is the
point of having a well-insulated, affordable, culturally appropriate home, to cite only some
aspects of adequate housing, if one is under daily threat of eviction? At the same time, any
housing initiative, whether in the context of urban renewal, land management or
development-related projects, or in dealing with reconstruction needs after conflicts or
disasters, will inevitably have tenure security implications. In addition, the denial of access
to secure land and housing has been a major cause of conflict throughout history. It is also a
source of impoverishment and a hindrance to socioeconomic development.
16.
Conversely, when access to secure housing or land is provided, the potential for
social and economic progress is immense—a fact recognized globally.13 Tenure security
means a lot to families and individuals. It gives people certainty about what they can do
with their land or home; and it offers them protection from encroachments by others. It
often protects, increases and enables access to public services and benefits. It increases
economic opportunities. It is a basis for women‘s economic empowerment and protection
from violence. The relevance of the issue, not only to human rights but also to
development, is evident.
12
13
This list was developed at the expert group meeting in Geneva (see para. 18 below) and benefited
from submissions from HelpAge (www.helpageusa.org/older-womens-land-rights) and Defend
Council Housing.
See the Istanbul Declaration on Human Settlements (1996), known as the Habitat Agenda, and the
Global Campaign for Secure Tenure, launched in 1999 by UN-Habitat.
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