3.9
Legal Remedies and Legal Aid
Sources
Affected individuals and communities must be provided with
opportunities to appeal and seek remedies against adverse decisions
of government and related agencies prior to, during and subsequent
to evictions, as a result of a perceived violation of any of these
standards. Legal aid and similar measures to promote access to
justice shall be provided to those affected and in need to seek redress.
ICESCR, art.
11(1)
The dissemination of adequate information on laws and policies
relating to evictions must be ensured. Evictions shall not be permitted
to take place while those affected are seeking legal advice or pursuing
an appeal against an eviction notice or order.
Basic
Principles,
paras. 35-36, 59
ICCPR, art. 2(3)
GC VII, paras.
13; 15
3.10 Restitution and Return
Sources
Where possible in cases of development-based evictions, those
affected should be given the right to restitution and the option to
return to their original place of residence after the development
project has been complete. As a matter of policy, governments should
prioritise this right against resettlement to other areas. However, no
affected individual or community shall be forced to return in such a
fashion against his/her/its free will.
Where return is feasible under the conditions of the development
project, competent authorities must take all necessary measures to
facilitate the return of those affected and to ensure their participation
in the management of the process and any reintegration strategies.
These measures must ensure that vulnerable groups are not further
marginalised as a result of this process.
ICESCR, art.
11(1)
GC VII, paras.
13; 15
Basic
Principles,
paras. 64-67
17