A/HRC/43/43
housing worldwide. 35 At the same time, informal settlements are significant
accomplishments by residents who have created vibrant, self-sufficient communities in the
most adverse circumstances.
40.
Residents of informal settlements often face discrimination and stigmatization, and
are frequently treated as violators of laws and “encroachers” rather than being recognized
as rights holders who require support to improve their housing status.36 Upgrading schemes
too often result in the relocation of residents to alternative housing that is inadequate,
distant from their original homes, isolated from employment opportunities or community
life and without access to adequate transportation.
41.
Under the 2030 Agenda for Sustainable Development, States have committed
themselves to ensuring access for all to adequate, safe and affordable housing and to
upgrading informal settlements (target 11.1 of the Sustainable Development Goals). 37 To
meet this goal, States should engage with residents of informal settlements to build on their
capacities, improve conditions and keep communities intact.
42.
Implementation measures:
(a)
Efforts to upgrade housing should be community-led, inclusive, enabling and
provide for rights-based participation and accountability in terms of design and
implementation. Upgrading efforts should ensure that residents have continued access to
their livelihoods and support the economic development of the community, integrating
residents’ skills and labour whenever possible.38 Measures must be in place to ensure that
upgraded housing remains affordable;
(b)
States should uphold the right to remain in situ whenever possible and
desired by residents. Relocation should only occur if agreed to by residents and after all
other options have been explored through meaningful consultation with and the
participation of residents;39
(c)
Governments should be held accountable, through human rights institutions
and courts, for upgrading informal settlements in conformity with international human
rights standards. Upgrading plans should also be reviewed and overseen by an independent
authority able to receive complaints and hold hearings and information sessions within the
community. Residents must be able to challenge any decision, to present alternative
proposals and to articulate their demands and development priorities; 40
(d)
In order to provide alternatives to informal settlements, serviced land should
be set aside for the social production of housing with legal security of tenure. If the State is
unable to provide built housing or if the residents prefer, building materials and technical
support should be made available for self-construction.
Guideline No. 8. Address discrimination and ensure equality
43.
Discrimination, exclusion and inequality are at the heart of almost all violations of
the right to housing. Housing systems have intensified social, economic, political and
spatial inequalities.
44.
Refugees, asylum seekers, migrants, especially those who are undocumented,
internally displaced persons, stateless persons, persons with disabilities, children and youth,
indigenous peoples, women, lesbian, gay, bisexual, transgender and intersex persons, older
persons and members of racial, ethnic and religious minorities are disproportionately
represented among those living in homelessness, in informal accommodation and
35
36
37
38
39
40
10
Ibid., para. 12.
Ibid., para. 44, and A/HRC/40/61, para. 41.
See also the New Urban Agenda.
A/73/310/Rev.1, paras. 72 ff. See also Ben Djazia and Bellili v. Spain, para. 15.1.
Basic principles and guidelines on development-based evictions and displacement (A/HRC/4/18,
annex I, para. 38).
Ibid., paras. 37–38.
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