DOCSLIB.ORG

The Justiciability of Housing Rights

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
The Justiciability of Housing Rights The Justiciability of Housing Rights Scott Leckie `Nor can the law of trespass, driving the poor out of where they have squatted for long, extinguish the fires of discontent among the generation which has lost its right to a roof.'1 Introduction Should a complaint procedure under an Optional Protocol to the Covenant on Economic, Social and Cultural Rights eventually join the body of international human rights law, the Committee on Economic, Social and Cultural Rights can expect to receive a substantial number of petitions, from both individuals and groups, alleging violations of the housing rights provisions enshrined in Article 11(1) of the Covenant. Cases dealing with forced evictions, racial and other forms of discrimination in the housing sphere and various aspects of the landlord- tenant relationship will doubtlessly be submitted to the Committee for consideration. Complaints of this nature are subject to immediate justiciability in most cases, as exemplified by international jurisprudence, but in particular by State practice at the national level. The Committee should find no particular difficulties handling cases such as these, and has repeatedly dealt with these matters in its consideration of State reports. There can be no doubting the importance placed thus far by the Committee on the realization and, conversely, violation of housing rights; these rights have received considerably more attention from this body than other norms found in the Covenant.2 The question of whether the provision of domestic legal remedies is possible with regard to the right to adequate housing, has been answered affirmatively by the Committee. General Comment No. 4 on the Right to Adequate Housing, 1 Justice Krishna Iyer, Law and the Urban Poor in India, New Delhi 1988, p. xiv. 2 M.C.R. Craven, The International Covenant on Economic, Social and Cultural Rights: A Perspective on its Development (Thesis submitted for the degree of Doctor of Philosophy, University of Nottingham), Nottingham, September 1992, pp. 360-383 (The Right to Housing). SIM Special 18 identifies six areas capable of judicial scrutiny: (a) legal appeals aimed at preventing planned evictions or demolitions through the issuance of court-ordered injunctions; (b) legal procedures seeking compensation following an illegal eviction; (c) complaints against illegal actions carried out or supported by landlords (whether public or private) in relation to rent levels, dwelling maintenance, and racial or other forms of discrimination; (d) allegations of any form of discrimination in the allocation and availability of access to housing; (e) complaints against landlords concerning unhealthy or inadequate housing conditions; and (f) class action suits in situations involving significantly increased levels of homelessness.3 Even this rudimentary listing shows that many components of housing rights are justiciable within domestic legal contexts, and by inference, under international procedures as well. In addition to these six grounds, a much broader range of housing rights issues and housing components of other rights are also capable of judicial scrutiny and are considered as matters of routine by domestic courts of law throughout the world. The active assertion by people of their rights to dwell, given the existence of a functioning and independent legal system, is ultimately what makes such a right justiciable. At another level, according to Craven: `The justiciability of a particular issue depends, not upon the generality of the norm concerned, but rather upon the authority of the body making the decision. Thus it is apparent that in a number of cases, national courts have undertaken to apply constitutional provisions of an exceedingly broad and general nature.'4 While other authors have also asserted the necessity of broadly defining the term `justiciability': 3 General Comment No. 4 on the Right to Adequate Housing, paragraph 17. 4 Matthew C.R. Craven, `The Domestic Application of the International Covenant on Economic, Social and Cultural Rights', Netherlands International Law Review, Vol. XL, 1993, at p. 389. Leckie / The Justiciability of Housing Rights `Justiciability is a deceptive term because its legalistic tone can convey the impression that what is or is not justiciable inheres in the judicial function and is written in stone. In fact, the reverse is true: not only is justiciability variable from context to context, but its content varies over time. Justiciability is a contingent and fluid notion dependent on various assumptions concerning the role of the judiciary in a given place at a given time as well as on its changing character and evolving capability.'5 This paper asserts that many aspects of the right to adequate housing are already justiciable in many domestic legal systems, and that many of these core components of housing rights would consequently be capable of consideration under an Optional Protocol containing a petition procedure. It will examine the legal basis of housing rights, the evolution of these rights, examples from the growing field of housing rights jurisprudence and acts and omissions resulting in housing rights violations. Based on this analysis, the paper will conclude with an elaboration of the justiciable components of housing rights. Finally, prior to undertaking this analysis, a few words on terminology seem to be in order. In examining human rights issues relating to housing, the following terms are most frequently used within the legal sphere: (a) a right to housing; (b) a right to adequate housing; (c) a right to shelter; and (d) housing rights. While each of these terms may seem to imply the same entitlements and obligations, there are, in fact, important distinctions between them. While much can be said on this point, for our purposes, it will be important to make a distinction between rights to shelter and rights to housing or housing rights. The former is a much more restrictive term than the latter, and implies a right to temporary, emergency accommodation, and thus falls far short of the plethora of concerns associated with a full right to adequate housing. Rights to shelter, for instance, would be applicable to homeless persons demanding shelter, and would in this instance be a relevant norm. However, the much broader notion of a human right to adequate housing will include all of the corresponding rights and duties inherent within the legal provisions enshrining this right under international law. 5 Craig Scott and Patrick Macklem, `Constitutional Ropes of Sand or Justiciable Guarantees? Social Rights in a New South African Constitution', University of Pennsylvania Law Review, Vol. 141, No. 1, 1992, p. 17. SIM Special 18 Yet, even the expressions housing rights or a right to adequate housing may not be entirely appropriate for the world as a whole. As such, most housing NGOs and grassroots movements (and increasingly the UN) utilize terms such as the right to a place to live in peace and dignity, which more aptly captures the assertion of rights by the one billion persons currently denied their rights in this respect, and correspond much more accurately to the de facto housing reality in most nations. Commodified visions of housing and the physical associations of this term with a finished structure, while perhaps applicable in the west, have much limited relevance to dwellers in the developing world. 1. The Legal Basis of Housing Rights The legal basis of housing rights, both internationally and nationally, in many cases provide sufficient foundations upon which to base judicial complaints aimed at vindicating past or pending violations of these rights. The recent interpretive evolution of housing rights, particularly within the UN, have given added clarity to these rights, which in turn, has strengthened the prospects of justiciability.6 Let us briefly list the legal sources of housing rights, prior to examining in more detail the content and obligations stemming from these norms. Internationally The human right to adequate housing finds explicit recognition within an array of international legislation, including the Universal Declaration on Human Rights (Article 25(1)), the Covenant on Economic, Social and Cultural Rights (Article 11(1)), the Convention on the Elimination of All Forms of Racial Discrimination (Article 5(e)(iii)), the Convention on the Rights of the Child (Article 27); the Convention on the Elimination of All Forms of Discrimination Against Women (Article 14(2)),7 ILO 6 Scott Leckie, From Housing Needs to Housing Rights: An Analysis of the Right to Adequate Housing Under International Human Rights Law, Human Settlements Programme of the International Institute for Environment and Development, London 1992. 7 Universal Declaration on Human Rights (1948), adopted and proclaimed by UNGA resolution 217A (III) on 10 December 1948; International Covenant on Economic, Social and Cultural Rights (1966), adopted by UNGA resolution 2200A(XXI), 16 December 1966, entered into force on 3 January 1976, 129 States Parties as of 30 June 1994; the International Convention on the Elimination of All Forms of Racial Discrimination (1965), adopted by UNGA resolution 2106A(XX), entered into force on 4 January 1969; the Leckie / The Justiciability of Housing Rights Recommendation No. 115 on Workers' Housing, the UN Declaration on Social Progress and Development, the UN Declaration on the Rights of the Child, the Vancouver Declaration on Human Settlements, the UNESCO Declaration on Race and Racial Prejudice, the Declaration on
Load more

Recommended publications
  • The Human Right to Adequate Housing Adequate to Human Right The
    The Centre on Housing Rights and Evictions (COHRE) undertakes a wide variety of activities supporting the full realization of housing rights for everyone, everywhere. COHRE actively campaigns against forced evictions wherever they occur or are planned, and views forced evictions—as does the United Nations and international law generally—as a gross violation of a range of human rights, in particular the right to adequate housing. 1 The Human9 Right4 to5 Adequate Housing to 1945 1999 The Human Right to Adequate Housing Adequate to Human Right The chronology of United Nations Activity to 1999 Centre on Housing Rights and Evictions 83 Rue de Montbrillant 1202 Geneva Switzerland tel/fax: + 41.22.734.1028 e-mail: [email protected] cohre ISBN: 92-95004-02-7 www.cohre.org Centre on Housing Rights and Evictions 1 The Human9 Right4 to5 Adequate Housing 1999to chronology of United Nations Activity cohre Centre on Housing Rights and Evictions February 2000 “The peoples of the United Nations are determined to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women …” United Nations Charter, 1945 “Universal human rights begin … In small places, close to home – so close and so small that they cannot be seen on any map of the world.” Eleanor Roosevelt, 1958 More and more the focus is being put on the identification of new approaches to development, not so much based on the notion of needs, but on the concept of rights … There are many issues … from the integrated approach to all human rights to the role of the State in fulfilling social and economic rights and the role of civil society in achieving sustainable human development.
    [Show full text]
  • Housing Rights Legislation: Re View of International and National Legal Instruments
    Page 1 Housing rights legislation: Re view of international and national legal instruments Table of Contents Foreword Acknowledgements Executive summary I. Introduction: From the promotion to the protection of housing rights I.A. The Universal Declaration of Human Rights I.B. International Covenants and Conventions I.C. General Comments and Recommendations adopted by United Nations Treaty-Monitoring Bodies I.D. United Nations resolutions I.E. Other international declarations on housing rights I.F. OHCHR and UN-HABITAT I.G. Other United Nations mechanisms I.H. Conclusion II. Housing rights as progressive legal obligations II.A. Terminology II.B. Are states obliged to build homes for everyone? II.C. Legal obligations of housing rights II.D. Conclusion III. Implementing housing rights through national law: a key focus of the Global Campaign for Secure Tenure III.A. Constitutional recognition III.B. Are states required to adopt national legislation in support of housing rights? III.C. Is national legislation sufficient? IV. National legislation on housing rights IV.A. Constitutional protection IV.B. General policy statements on housing IV.C. Legal security of tenure IV.D. Protection from forced eviction Page 2 IV.E. Protection from forced eviction by non-state actors IV.F. Non-discrimination IV.G. Non-discrimination: gender issues and customary law IV.H. Provision of affordable housing for the poor IV.I. Accessibility IV.J. Restitution IV.K. Habitability IV.L. Homelessness IV.M. Land rights V. Enforcing housing rights V.A. Violations of economic, social and cultural rights V.B. Violations of housing rights V.C. Judicial and other remedies for housing rights violations V.D.
    [Show full text]
  • Conflict and Housing, Land, and Property Rights
    Cambridge University Press 978-1-107-00506-8 — Conflict and Housing, Land and Property Rights Scott Leckie , Chris Huggins Frontmatter More Information Conflict and Housing, Land, and Property Rights Housing, land, and property (HLP) rights, as rights, are widely recognized throughout international human rights and humanitarian law and provide a clear and consistent legal normative framework for developing better approaches to the HLP challenges faced by the United Nations and others seeking to build long-term peace. This book analyzes the ubiquitous HLP challenges present in all confl ict and postconfl ict settings. It will bridge the worlds of the practitioner and the theorist by combining an overview of the international legal and policy frameworks on HLP rights with dozens of detailed case studies demonstrating country experiences from around the world. The book will be of particular interest to professors and students of international relations, law, human rights, and peace-and-confl ict studies, but will have a wider readership among practi- tioners working for international institutions such as the UN and the World Bank, non- governmental organizations, and national agencies in the developing world. Scott Leckie is the Founder and Director of Displacement Solutions ( www .displacementsolutions.org ), an organization dedicated to resolving cases of forced dis- placement throughout the world. He also recently founded and directs the charitable organization Oneness World ( www.onenessworld.org ), which supports small research and other projects promoting global citizenship and peaceful and evolutionary ways of building a post-nation-state world. He is also the founder of the Centre on Housing Rights and Evictions (COHRE – www.cohre.org ), an organization he headed from 1991 to 2007.
    [Show full text]
  • Housing and Property Restitution for Refugees and Displaced Persons
    Design , production andprinting:Multimedia Designand P R R and P estitution for efugees and Displaced Housing P ersons roduction roper , International T ty raining Centre oftheIL O , T urin -Italy Housing and Property Restitution for Refugees and Displaced Persons • Implementing the ‘Pinheiro Principles’ HANDBOOK and DisplacedP R Housing andP Implementing estitution forR R E F N U O G R E W E E C G O I U A N N the C I L ‘Pinheiro roper ersons efugees P U rinciples’ N - H A B ty I T A T Handbook on Housing and Property Restitution for Refugees and Displaced Persons Implementing the ‘Pinheiro Principles’ March 2007 Cover photo: Uganda: Women and child in Soroti IDP camp (IDMC, Birkenes) Foreword From Rwanda to Bosnia, Sudan to Kosovo, Liberia to Sri Lanka, the critical importance of ensuring the realisation of refugees’ and internally displaced persons’ right to housing and property restitution has become increasingly recognised. While important steps have been taken in a wide range of post-conflict settings, those with responsibility for housing and property restitution issues, whether they are government officials, staff of international agencies and NGOs or members of local civil society groups, often lack practical guidance on how to best go about addressing what are often vastly complex and potentially controversial and divisive issues. The approval of the Pinheiro Principles on Housing and Property Restitution for Refugees and Displaced Persons by the UN Sub-Commission on the Protection and Promotion of Human Rights in August 2005 was an important step towards providing useful guidance on the international standards governing the effective implementation of housing, land and property restitution programmes and mechanisms.
    [Show full text]
  • Housing, Land and Property Rights in Post-Conflict Societies: Proposals for a New United Nations Institutional and Policy Framework
    LEGAL AND PROTECTION POLICY RESEARCH SERIES Housing, Land and Property Rights in Post-Conflict Societies: Proposals for a New United Nations Institutional and Policy Framework Scott Leckie UNHCR Consultant DEPARTMENT OF INTERNATIONAL PROTECTION PPLA/2005/01 March 2005 PROTECTION POLICY AND LEGAL ADVICE SECTION (PPLA) DEPARTMENT OF INTERNATIONAL PROTECTION UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES CP 2500, 1211 Geneva 2 Switzerland E-mail: [email protected] Website: http://www.unhcr.org This paper was prepared on behalf of UNHCR by the external consultant Scott Leckie. It served as the main background document and discussion paper during the two-day Expert Roundtable Meeting on Housing, Land and Property Rights in Post-Conflict Societies: Proposals for their Integration into UN Policy and Operational Frameworks, which was jointly organized by UNHCR and UN-Habitat in Geneva on 10 and 11 November 2004. The views expressed in this paper are those of the author and do not necessarily reflect those of UNHCR. This paper may be freely quoted, cited and copied for academic, educational or other non-commercial purposes without prior permission from UNHCR, provided that the source is acknowledged. The paper is available online at http://www.unhcr.org/protect. © United Nations High Commissioner for Refugees 2005 ii LEGAL AND PROTECTION POLICY RESEARCH SERIES Housing, Land and Property Rights in Post-Conflict Societies: Proposals for a New United Nations Institutional and Policy Framework Scott Leckie1 UNHCR Consultant DEPARTMENT OF INTERNATIONAL PROTECTION PPLA/2005/01 March 2005 1 The paper was prepared on behalf of UNHCR to serve as a background document and discussion paper for an expert roundtable meeting on housing, land and property rights that took place in Geneva in November 2004.
    [Show full text]
  • Human Development and Shelter: a Human Rights Perspective
    CORE Metadata, citation and similar papers at core.ac.uk Provided by Research Papers in Economics Occasional Paper 21 - HUMAN DEVELOPMENT AND SHELTER: A HUMAN RIGHTS PERSPECTIVE HUMAN DEVELOPMENT AND SHELTER: A HUMAN RIGHTS PERSPECTIVE Clarence J. Dias & Scott Leckie Table of Contents Part I - Human Rights-Based Approach to Development 1. Human Rights and Development: Interlinkages and Interdependence 2. The International Law on Development and the Human Right to Development The Human Right to Development (HRD) UN World Conferences and the Human Right to Development The International Law on Development: Core Content Sources of ILD Core Principles of ILD 3. The UN Human Rights System 4. The Road Ahead from Istanbul Part 2 - Housing Rights, Human Rights and Human Development: Intertwined and Inseparable 1. Introduction 2. Common Questions and Misperceptions About Housing Rights Housing Rights Are Too Vague To Be Defined Are States Obliged to Build Homes for Everyone? Aren't Housing Rights Only a Part of the Larger Right to an Adequate Standard of Living? National Laws Do Not Recognize Housing Rights, So How Can International Law? Are States Which Have International Legal Obligations on Housing Rights Required to Adopt National Legislation? Is the Adoption of National Legislation Sufficient for States to Comply with Their Legal Obligations? Housing Rights Cannot Be Violated in the Same Way as Other Human Rights Housing Rights Are Not Justiciable Housing Rights Are Unaffordable 3. The Way Forward: Several Ways to Make Housing Rights Real
    [Show full text]
  • Volumes 1–40 Index 2018 Robin Burch
    Volumes 1–40 Index 2018 Robin Burch Human Rights Quarterly, Volume 40, Number 4, November 2018, pp. 1063-1278 (Article) Published by Johns Hopkins University Press DOI: https://doi.org/10.1353/hrq.2018.0046 For additional information about this article https://muse.jhu.edu/article/708638 [ Access provided at 26 Sep 2021 23:34 GMT with no institutional affiliation ] HUMAN RIGHTS QUARTERLY Volumes 1–40 Index 2018 Index Compiled by Robin Burch AUTHOR INDEX Aaronson, Susan Ariel & Jamie M. Zimmerman, Fair Trade?: How Oxfam Presented a Systemic Approach to Poverty, Development, Human Rights, and Trade, 28(4) HUM. RTS. Q. 998 (2006). ______ & Ian Highman, “Re-Righting Business”: John Ruggie and the Struggle to Develop International Human Rights Standards for Transnational Firms, 35(2) HUM. RTS. Q. 333 (2013). Abusharaf, Adila, Women in Islamic Communities: The Quest for Gender Justice Research, 28(3) HUM. RTS. Q. 714 (2006). Adar, Korwa G., Human Rights and Academic Freedom in Kenya’s Public Universities: The Case of the Universities Academic Staff Union, 21(1) HUM. RTS. Q. 179 (1999). Addis, Adeno, Economic Sanctions and the Problem of Evil, 25(3) HUM. RTS. Q. 573 (2003). ______, Imagining the International Community: The Constitutive Dimension of Universal Jurisdiction, 31(1) HUM. RTS. Q. 129 (2009). Addo, Michael K., Practice of United Nations Human Rights Treaty Bodies in the Reconciliation of Cultural Diversity With Universal Respect for Human Rights, 32(3) HUM. RTS. Q. 601 (2010). Adejumobi, Said, Citizenship, Rights and the Problem of Conflicts and Civil Wars in Africa, 23(1) HUM. RTS. Q.
    [Show full text]
  • Restitution Rights of Refugees and Displaced Persons: Laws, Cases, and Materials Edited by Scott Leckie Frontmatter More Information
    Cambridge University Press 978-0-521-85875-5 - Housing, Land, and Property Restitution Rights of Refugees and Displaced Persons: Laws, Cases, and Materials Edited by Scott Leckie Frontmatter More information housing, land, and property restitution rights of refugees and displaced persons The legal recognition of the housing, land, and property rights of refugees and displaced persons has expanded steadily in recent years as the real- ization has grown that securing these rights will be beneficial to long-term peace, stability, economic vitality, and justice. This volume contains more than 240 of the laws, cases, and materials that have been adopted during the past century that accord those unjustly and arbitrarily displaced from their homes and lands with rights: not simply to return to their countries or places of origin, but to return to the original home, land, or property from which they were initially forced to flee. The breadth of the restitution standards found within this volume, com- bined with selected examples of case law and other materials, is a clear indication that a right to housing, land, and property restitution for refugees and displaced persons has emerged within the global legal domain. Scott Leckie is an international human rights lawyer and advocate. He is active in many fields, including economic and social rights, housing rights, forced evictions, housing and property restitution rights for refugees and displaced persons, human rights issues in postconflict and postdisaster sit- uations, and business and human rights.
    [Show full text]
  • Undp Human Development Report 2000 Housing Rights
    Scott Leckie is the Executive Director of the Centre on Housing Rights and Evictions (COHRE). He has also worked for a variety of UN agencies including UNHCR, OHCHR, UNDP and UNCHS. UNDP HUMAN DEVELOPMENT REPORT 2000 HOUSING RIGHTS Scott Leckie Executive Director, Centre on Housing Rights and Evictions (COHRE) 20 November 1999 Contents 1. Introduction 2. The International Law on Housing Rights 3. National Constitutions and Housing Rights 4. To Legislate or Not to Legislate? 5. Statisticians as Human Rights Defenders 6. A Housing Rights Checklist: Developing a Composite Housing Rights Indicator 7. Essentially Cost-Free Measures to Promote and Protect Housing Rights 8. Preventing Forced Evictions: General Comment No. 7 (1997) 9. Resisting Forced Evictions: Lessons From the Front Line 10. Evictors as International Criminals: Housing Rights and Armed Conflict 11. The Right to Housing Restitution 12. Housing Rights Defined 13. A Tool Against Ethnic Cleansing: A Global Property Registry 14. Housing Rights in South Africa: From Global Outcast to Model 15. Violations of Housing Rights 16. Criminalising Homelessness: Solution or Act of Desparation? 17. The Need for New Housing Rights Standards 18. Security of Tenure as a Human Right and the Emerging Right to Security of Place 19. Complaining About Housing Rights? 20. The State as Housing Provider 21. The Role of Domestic Courts in Protecting Housing Rights: The Case of India 22. What Do Governments Tell the UN About Housing Rights? Annexes 1. International Legal Sources of Housing Rights 2. General Comment No. 4 (The right to adequate housing) 3. General Comment No. 7 (Forced evictions) 4.
    [Show full text]
  • Profile of Internal Displacement : Georgia
    PROFILE OF INTERNAL DISPLACEMENT : GEORGIA Compilation of the information available in the Global IDP Database of the Norwegian Refugee Council (as of 18 March, 2004) Also available at http://www.idpproject.org Users of this document are welcome to credit the Global IDP Database for the collection of information. The opinions expressed here are those of the sources and are not necessarily shared by the Global IDP Project or NRC Norwegian Refugee Council/Global IDP Project Chemin Moïse Duboule, 59 1209 Geneva - Switzerland Tel: + 41 22 799 07 00 Fax: + 41 22 799 07 01 E-mail : [email protected] CONTENTS CONTENTS 1 PROFILE SUMMARY 7 GEORGIA: NO IMPROVEMENT IN RETURN CONDITIONS DESPITE DECADE-LONG CEASEFIRE 7 CAUSES AND BACKGROUND OF DISPLACEMENT 10 BACKGROUND 10 BASIC FACTS ON GEORGIA (1995) 10 ETHNIC DIVISIONS IN ABKHAZIA DURING THE SOVIET ERA (1920-1989) 10 THE RUSSIAN FEDERATION: A MAJOR ACTOR IN THE ABKHAZ CONFLICT (2001) 12 ARMENIA EXPRESSES CONCERN OVER THREAT AGAINST ARMENIAN MINORITY IN ABKHAZIA (2001) 13 THE SEVERE ECONOMIC BREAKDOWN SERIOUSLY AFFECTS THE STATE'S CAPACITY TO CARE FOR THE MOST VULNERABLE (2002) 13 ABKHAZIA 15 SIX YEARS OF ON-AND-OFF WAR (1992-1998) 15 DISPLACEMENT AND "ETHNIC CLEANSING" (1992-1999) 16 TENSIONS ALONG THE CEASEFIRE LINE BETWEEN ABKHAZ AND GEORGIAN SIDE (2001-2003) 19 THE PEACE EFFORTS: THE CHALLENGE OF IDP RETURN (1994-2002) 20 DEVELOPMENTS IN 2003: INTERNATIONAL ATTEMPTS TO SUPPORT THE ABKHAZ-GEORGIAN DIALOGUE 22 NEW GEORGIAN LEADERSHIP MAINTAINS FOCUS ON THE ABKHAZ ISSUE (2004) 24 SOUTH OSSETIA 26
    [Show full text]
  • Property Rights and the Need for More Inclusive Concepts, Laws, POLICIES, and PRACTICES / Jean Du Plessis Scott Leckie1
    Realizing Property Rights page / 194 PROPERTY RIGHTS AND THE NEED FOR MORE INCLUSIVE CONCEPTS, LAWS, POLICIES, AND PRACTICES / Jean du Plessis Scott Leckie1 Various contributions in this book address between property rights and rights to per- one of the most vital, yet still controver- sonal integrity and security. sial issues within the vast and growing discourse of human rights law: the no- The issues raised form part of debates tion of “property rights.” The perspectives and struggles taking place all over the of the respected authors throughout this world in a variety of contexts, ranging volume take many forms and make many from the conference rooms of academia contentions, but one thread rightly runs to the corridors of government and inter- through them all: No matter the place or national finance, and the boardrooms of context, the question of property rights is business – and all the way down to the an ubiquitous one which impinges upon streets, homes, fields and factories where the lives and livelihoods of people in every the urban and rural poor live and work. country and, indeed, in every neighbor- The stakes in these debates and struggles hood and every home. are incredibly high and their outcome will invariably determine whether or not the The chapters are indicative of the count- world’s poor will remain so or be lifted out less ways by which property rights are re- of poverty. Because the notion of property garded, understood, and interpreted. The is by definition exclusive, how it gets authors in this volume touch on a mix- managed, controlled and manipulated in ture of issues including philosophical con- society is a crucial determinant of who cerns; the manner by which the treatment enjoys the fruits and benefits of the earth of property rights may have both caused and who does not.
    [Show full text]
  • Housing Rights Violations in a Land of Plenty: the Kobe Earthquake and Beyond
    Housing Rights Violations in a Land of Plenty: The Kobe Earthquake and Beyond Habitat International Coalition Still Waiting Housing Rights Violations in a Land of Plenty: The Kobe Earthquake and Beyond Habitat International Coalition © Habitat International Coalition, 17 January 1996 (Report compiled by Scott Leckie) Habitat International Coalition (HIC) Cordobanes No. 24, Col. San José Insurgentes, México DF, MÉXICO Tel: 52.5.6516807, Fax: 52.5.5935194 E-Mail: [email protected] Design: s & i; Anja Pleit, Utrecht, The Netherlands Printer: Primavera, Amsterdam, The Netherlands Table of Contents Executive Summary 5 1. Introduction 8 2. Objectives of the Fact-Finding Mission 10 3. The Kobe Earthquake in Brief 12 4. Natural Disasters and Housing Rights 14 5. Housing Conditions in Kobe Before the Earthquake 17 6. Current Housing and Living Conditions 19 7. Human Rights and the Kobe Earthquake: Main Findings 28 Prima Facie Violations of Housing Rights 28 1 Lack of Citizen Participation in the Housing Process 28 2 Security of Tenure 30 3 The Right to Life 30 4 House Demolitions 31 5 Habitability, Living Conditions and the Absence of Adequacy 32 6 Quality of Construction 33 7 Durability of Housing 33 8 Location of Housing 33 9 Women, Housing and Violence 34 10 Discrimination and Disparate Impacts 34 11 Privacy 34 12 Welfare Issues 35 Technical Findings 35 8. Recommendations 37 1 Kobe City Government 40 2 Hyogo Prefectural Government 42 3 Government of Japan 42 4 Professional Associations 43 5 Non-Governmental Organizations 44 6 Community-Based
    [Show full text]