A/HRC/4/18
page 17
16.
All persons, groups and communities have the right to resettlement, which includes the
right to alternative land of better or equal quality and housing that must satisfy the following
criteria for adequacy: accessibility, affordability, habitability, security of tenure, cultural
adequacy, suitability of location, and access to essential services such as health and education.c
17.
States must ensure that adequate and effective legal or other appropriate remedies are
available to any person claiming that his/her right to protection against forced evictions has been
violated or is under threat of violation.
18.
States must refrain from introducing any deliberately retrogressive measures with respect
to de jure or de facto protection against forced evictions.
19.
States must recognize that the prohibition of forced evictions includes arbitrary
displacement that results in altering the ethnic, religious or racial composition of the affected
population.
20.
States must formulate and conduct their international policies and activities in
compliance with their human rights obligations, including through both the pursuit and provision
of international development assistance.
C. Implementation of State obligations
21.
States shall ensure that evictions only occur in exceptional circumstances. Evictions
require full justification given their adverse impact on a wide range of internationally recognized
human rights. Any eviction must be (a) authorized by law; (b) carried out in accordance with
international human rights law; (c) undertaken solely for the purpose of promoting the general
welfare;d (d) reasonable and proportional; (e) regulated so as to ensure full and fair compensation
and rehabilitation; and (f) carried out in accordance with the present guidelines. The protection
provided by these procedural requirements applies to all vulnerable persons and affected groups,
irrespective of whether they hold title to home and property under domestic law.
22.
States must adopt legislative and policy measures prohibiting the execution of evictions
that are not in conformity with their international human rights obligations. States should
refrain, to the maximum extent possible, from claiming or confiscating housing or land, and in
particular when such action does not contribute to the enjoyment of human rights. For instance,
an eviction may be considered justified if measures of land reform or redistribution, especially
for the benefit of vulnerable or deprived persons, groups or communities are involved. States
should apply appropriate civil or criminal penalties against any public or private person or entity
within its jurisdiction that carries out evictions in a manner not fully consistent with applicable
c
See general comment No. 4 on the right to adequate housing, adopted by the Committee on
Economic, Social and Cultural Rights in 1991.
d
In the present guidelines, the promotion of the general welfare refers to steps taken by States
consistent with their international human rights obligations, in particular the need to ensure the
human rights of the most vulnerable.
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