A/HRC/19/75
46.
According to the Voluntary Guidelines on the Right to Food, adopted unanimously
by the States Members of FAO in November 2004, the right to food protects the right of
people working in rural areas to have access to productive resources or the means of
production, including land, water, seeds, microcredit, forests, fish and livestock (Guideline
8). According to the same guidelines, States should pursue inclusive, non-discriminatory
and sound economic, agriculture, fisheries, forestry, land use and, as appropriate, land
reform policies, all of which would permit farmers, fishers, foresters and other food
producers, particularly women, to earn a fair return from their labour, capital and
management, and encourage conservation and sustainable management of natural
resources, including in marginal areas (Guideline 2.5).
2.
Right to adequate housing
47.
The right to adequate housing was proclaimed in article 25 of the Universal
Declaration of Human Rights and enshrined in article 11 of the International Covenant on
Economic, Social and Cultural Rights. According to the Committee on Economic, Social
and Cultural Rights, it should not be interpreted in a narrow or restrictive sense that equates
it with, for example, the shelter provided by merely having a roof over one's head; rather, it
should be seen as the right to live somewhere in security, peace and dignity. 51 The right to
adequate housing has been defined as the right of every woman, man, youth and child to
gain and sustain a secure home and community in which to live in peace and dignity. 52
48.
According to the Committee on Economic, Social and Cultural Rights, every person,
including those working in rural areas, has a right to housing, which guarantees at all times
the minimum conditions of legal security of tenure, including protection against forced
eviction; availability of essential services, materials, facilities and infrastructure, including
access to safe drinking water and sanitation; affordability, including for the poorest,
through housing subsidies, protection against unreasonable rent levels or rent increases;
habitability, including protection from cold, damp, heat, rain, wind or other threats to
health; accessibility for disadvantaged groups, including the elderly, children, the
physically disabled and victims of natural disasters; and a suitable location, far from
sources of pollution while close to schools and health-care services.53
49.
The Committee also emphasized that States parties are under an obligation to put an
end to forced evictions, defined as “the permanent or temporary removal against their will
of individuals, families and/or communities from the homes and/or land which they occupy,
without the provision of, and access to, appropriate forms of legal or other protection”.54
These forced evictions are prima facie incompatible with the States’ obligations under the
Covenant; notwithstanding the type of tenure, all persons should possess a degree of
security of tenure that guarantees legal protection against forced eviction, harassment and
other threats.77
3.
Right to health
50.
The right to health was proclaimed in article 25 of the Universal Declaration of
Human Rights and recognized in article 12 of the Covenant, where it is defined as the right
to enjoy the highest attainable standard of health conducive to living a life in dignity. The
right to health includes the provision of adequate health care, but also the underlying
51
52
53
54
14
Official Records of the Economic and Social Council, 1998, Supplement No. 2 (E/1998/22), annex
IV, para. 7.
E/CN.4/2001/51, para. 8.
Official Records of the Economic and Social Council, 1992, Supplement No. 3 (E/1992/23), para. 8.
Ibid., 1998, Supplement No. 2 (E/1998/22), annex IV, para. 3.
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