A/HRC/4/18
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of existing international human rights standards and do not thus constitute “forced evictions”.
These guidelines aim at providing a practical tool to assist States and agencies in developing
policies, legislation, procedures and preventive measures to ensure that forced evictions do not
take place, and to provide effective remedies to those whose human rights have been violated,
should prevention fail.
II. GENERAL OBLIGATIONS
A. Duty bearers and nature of obligations
11.
While a variety of distinct actors may carry out, sanction, demand, propose, initiate,
condone or acquiesce to forced evictions, States bear the principal obligation for applying human
rights and humanitarian norms, in order to ensure respect for the rights enshrined in binding
treaties and general principles of international public law, as reflected in the present guidelines.
This does not, however, absolve other parties, including project managers and personnel,
international financial and other institutions or organizations, transnational and other
corporations, and individual parties, including private landlords and landowners, of all
responsibility.
12.
Under international law, the obligations of States include the respect, protection and
fulfilment of all human rights and fundamental freedoms. This means that States shall: refrain
from violating human rights domestically and extraterritorially; ensure that other parties within
the State’s jurisdiction and effective control do not violate the human rights of others; and take
preventive and remedial steps to uphold human rights and provide assistance to those whose
rights have been violated. These obligations are continuous and simultaneous, and are not
suggestive of a hierarchy of measures.
B. Basic human rights principles
13.
According to international human rights law, everyone has the right to adequate housing
as a component of the right to an adequate standard of living. The right to adequate housing
includes, inter alia, the right to protection against arbitrary or unlawful interference with privacy,
family, home, and to legal security of tenure.
14.
According to international law, States must ensure that protection against forced
evictions, and the human right to adequate housing and secure tenure, are guaranteed without
discrimination of any kind on the basis of race, colour, sex, language, religion or belief, political
or other opinion, national, ethnic or social origin, legal or social status, age, disability, property,
birth or other status.
15.
States must ensure the equal right of women and men to protection from forced evictions
and the equal enjoyment of the human right to adequate housing and security of tenure, as
reflected in the present guidelines.
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