A/HRC/4/18
page 14
I. SCOPE AND NATURE
1.
The obligation of States to refrain from, and protect against, forced evictions from
home(s) and land arises from several international legal instruments that protect the human right
to adequate housing and other related human rights. These include the Universal Declaration of
Human Rights, the International Covenant on Economic, Social and Cultural Rights (art. 11,
para. 1), the Convention on the Rights of the Child (art. 27, para. 3), the non-discrimination
provisions found in article 14, paragraph 2 (h), of the Convention on the Elimination of All
Forms of Discrimination against Women, and article 5 (e) of the International Convention on the
Elimination of All Forms of Racial Discrimination.
2.
In addition, and consistent with the indivisibility of a human rights approach, article 17 of
the International Covenant on Civil and Political Rights states that “[n]o one shall be subjected to
arbitrary or unlawful interference with his privacy, family, home or correspondence”, and further
that “[e]veryone has the right to the protection of the law against such interference or attacks”.
Article 16, paragraph 1, of the Convention on the Rights of the Child contains a similar
provision. Other references in international law include article 21 of the 1951 Convention
relating to the Status of Refugees; article 16 of International Labour Organization (ILO)
Convention No. 169 concerning indigenous and tribal peoples in independent countries (1989);
and article 49 of the Geneva Convention relative to the Protection of Civilian Persons in Time of
War of 12 August 1949 (Fourth Geneva Convention).
3.
The present guidelines address the human rights implications of development-linked
evictions and related displacement in urban and/or rural areas. These guidelines represent a
further development of the Comprehensive human rights guidelines on development-based
displacement (E/CN.4/Sub.2/1997/7, annex). They are based on international human rights law,
and are consistent with general comment No. 4 (1991) and general comment No. 7 (1997) of the
Committee on Economic, Social and Cultural Rights, the Guiding Principles on Internal
Displacement (E/CN.4/1998/53/Add.2), the Basic Principles and Guidelines on the Right to
Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and
Serious Violations of International Humanitarian Law, adopted by the General Assembly in its
resolution 60/147, and the Principles on housing and property restitution for refugees and
displaced persons (see E/CN.4/Sub.2/2005/17 and Add.1).
4.
Having due regard for all relevant definitions of the practice of “forced evictions” in the
context of international human rights standards, the present guidelines apply to acts and/or
omissions involving the coerced or involuntary displacement of individuals, groups and
communities from homes and/or lands and common property resources that were occupied or
depended upon, thus eliminating or limiting the ability of an individual, group or community to
reside or work in a particular dwelling, residence or location, without the provision of, and
access to, appropriate forms of legal or other protection.a
a
The prohibition of forced evictions does not apply to evictions carried out both in accordance
with the law and in conformity with the provisions of international human rights treaties.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents