A/HRC/4/18
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50.
States and their agents must take steps to ensure that no one is subject to direct or
indiscriminate attacks or other acts of violence, especially against women and children, or
arbitrarily deprived of property or possessions as a result of demolition, arson and other forms of
deliberate destruction, negligence or any form of collective punishment. Property and
possessions left behind involuntarily should be protected against destruction and arbitrary and
illegal appropriation, occupation or use.
51.
Authorities and their agents should never require or force those evicted to demolish their
own dwellings or other structures. The option to do so must be provided to affected persons,
however, as this would facilitate salvaging of possessions and building material.
V. AFTER AN EVICTION: IMMEDIATE RELIEF AND RELOCATION
52.
The Government and any other parties responsible for providing just compensation and
sufficient alternative accommodation, or restitution when feasible, must do so immediately upon
the eviction, except in cases of force majeure. At a minimum, regardless of the circumstances
and without discrimination, competent authorities shall ensure that evicted persons or groups,
especially those who are unable to provide for themselves, have safe and secure access to:
(a) essential food, potable water and sanitation; (b) basic shelter and housing; (c) appropriate
clothing; (d) essential medical services; (e) livelihood sources; (f) fodder for livestock and access
to common property resources previously depended upon; and (g) education for children and
childcare facilities. States should also ensure that members of the same extended family or
community are not separated as a result of evictions.
53.
Special efforts should be made to ensure equal participation of women in all planning
processes and in the distribution of basic services and supplies.
54.
In order to ensure the protection of the human right to the highest attainable standard of
physical and mental health, all evicted persons who are wounded and sick, as well as those with
disabilities, should receive the medical care and attention they require to the fullest extent
practicable and with the least possible delay, without distinction on any non-medically relevant
grounds. When necessary, evicted persons should have access to psychological and social
services. Special attention should be paid to: (a) the health needs of women and children,
including access to female health-care providers where necessary, and to services such as
reproductive health care and appropriate counselling for victims of sexual and other abuses;
(b) ensuring that ongoing medical treatment is not disrupted as a result of eviction or relocation;
and (c) the prevention of contagious and infectious diseases, including HIV/AIDS, at relocation
sites.
55.
Identified relocation sites must fulfil the criteria for adequate housing according to
international human rights law. These include:i (a) security of tenure; (b) services, materials,
facilities and infrastructure such as potable water, energy for cooking, heating and lighting,
sanitation and washing facilities, means of food storage, refuse disposal, site drainage and
i
See general comment No. 4 on adequate housing adopted by the Committee on Economic,
Social and Cultural Rights in 1991.
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