A/HRC/4/18
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law and international human rights standards. States must ensure that adequate and effective
legal or other appropriate remedies are available to all those who undergo, remain vulnerable to,
or defend against forced evictions.
23.
States shall take steps, to the maximum of their available resources, to ensure the equal
enjoyment of the right to adequate housing by all. The obligation of States to adopt appropriate
legislative and policy measures to ensure the protection of individuals, groups and communities
from evictions that are not in conformity with existing international human rights standards is
immediate.e
24.
In order to ensure that no form of discrimination, statutory or otherwise, adversely affects
the enjoyment of the human right to adequate housing, States should carry out comprehensive
reviews of relevant national legislation and policy with a view to ensuring their conformity with
international human rights provisions. Such comprehensive review should also ensure that
existing legislation, regulation and policy address the privatization of public services, inheritance
and cultural practices, so as not to lead to, or facilitate forced evictions.f
25.
In order to secure a maximum degree of effective legal protection against the practice of
forced evictions for all persons under their jurisdiction, States should take immediate measures
aimed at conferring legal security of tenure upon those persons, households and communities
currently lacking such protection, including all those who do not have formal titles to home and
land.
26.
States must ensure the equal enjoyment of the right to adequate housing by women and
men. This requires States to adopt and implement special measures to protect women from
forced evictions. Such measures should ensure that titles to housing and land are conferred on
all women.
27.
States should ensure that binding human rights standards are integrated in their
international relations, including through trade and investment, development assistance and
participation in multilateral forums and organizations. States should implement their human
rights obligations with regard to international cooperation,g whether as donors or as
e
See general comment No. 3 on the nature of States parties’ obligations, adopted in 1990 by the
Committee on Economic, Social and Cultural Rights.
f
See the guidelines on housing and discrimination contained in the 2002 report of the
Commission on Human Rights Special Rapporteur on adequate housing as a component of the
right to an adequate standard of living (E/CN.4/2002/59).
g
As set forth in article 22, Universal Declaration of Human Rights; Articles 55 and 56 of the
Charter of the United Nations; articles 2, paragraph 1, 11, 15, 22 and 23, International Covenant
on Economic, Social and Cultural Rights; articles 23, paragraph 4, and 28, paragraph 3,
Convention on the Rights of the Child.
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