A/HRC/22/46 57. Further questions remain as to the exact circumstances under which evictions may be carried out, with a view to restricting their occurrence. According to the Committee on Economic, Social and Cultural Rights and as reiterated in the basic principles and guidelines on development-based evictions and displacement, evictions can take place only in the ―most exceptional circumstances‖. 39 Jurisprudence from national and regional bodies that has developed since this language was adopted could be used to more clearly define what the phrase ―most exceptional circumstances‖ entails. For example, the ―just and equitable‖ jurisprudence from South Africa as well as European Court of Human Rights jurisprudence regarding proportionality are highly pertinent in seeking to better understand this phrase and in identifying what constitutes a public purpose of the type that is often cited as reason to evict.40 D. Recognizing and protecting a variety of tenure forms 58. The Committee on Economic, Social and Cultural Rights has noted that tenure ―takes a variety of forms, including rental (public and private) accommodation, cooperative housing, lease, owner-occupation, emergency housing and informal settlements, including occupation of land or property‖.41 Thus the Committee reflects the diversity of tenure arrangements worldwide. 59. In the same vein, the Governing Council of UN-Habitat, in its resolution 23/17, encouraged Governments and Habitat Agenda partners to promote security of tenure for all segments of society by recognizing and respecting a plurality of tenure systems (para. 7 (b)).42 Similarly, the Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests in the Context of National Food Security43 advise that States ―should recognize and respect all legitimate tenure right holders and their rights. They should take reasonable measures to identify, record and respect legitimate tenure right holders and their rights, whether formally recorded or not‖ (p. 3). The Special Rapporteur observes that the determinations of who may constitute ―legitimate‖ right holders should be made in accordance with international human rights law. 60. Given that tenure can take a variety of forms and that States must ensure security of tenure to all, irrespective of tenure type, what are States‘ obligations with respect to ensuring that all forms of tenure that are legitimate under international human rights law are protected equally? Guidance is incomplete in this regard. United Nations and regional human rights bodies have focused only on a limited range of forms of tenure—mostly private property, indigenous communal ownership or use, women‘s access to land, property or inheritance, informal tenure (mostly in cases involving Roma), and occupancy tenancy rights (in countries that were previously part of the Socialist Federal Republic of Yugoslavia). 61. Other forms of tenure are barely discussed. For instance, collective tenure—other than that held by indigenous peoples—warrants further examination. It is also unclear what State obligations are with respect to tenancy. Should States adopt a framework of tenant 39 40 41 42 43 General comment No. 4, para. 18. See also general comment No. 7, and A/HRC/4/18, annex I, para. 7. Prevention of Illegal Evictions Act (South Africa). ECHR, Yordanova and others v. Bulgaria, paras. 120-134. General comment No. 4, para. 8 (a). See A/66/8. Endorsed by the Committee on World Food Security at its 38th (Special) Session on 11 May 2012. 13