Ensure access to basic shelter, housing and
sanitation, and an adequate supply of safe
drinking water;
Provide essential drugs as defined under
the WHO Action Programme on Essential
Drugs;
Ensure free and compulsory primary
education to all;
Ensure access to a social security scheme
that provides a minimum essential level of
benefits that cover at least essential health
care, basic shelter and housing, water and
sanitation, foodstuffs, and the most basic
forms of education.20
There must be procedural safeguards in
place to ensure that an individual’s rights are
not arbitrarily denied, and that remedies are
available when rights are breached.21 Procedural
fairness is an essential aspect of realising socioeconomic rights in practice. For example, the
realisation of the right to housing requires
safeguards in case of eviction.
The OHCHR articulates safeguards required to
those affected must be afforded effective
realise the right to adequate housing as follows.
procedural guarantees, which may have
a deterrent effect on planned evictions.
These include:
If eviction may be justifiable, because the
tenant persistently fails to pay rent or
damages the property without reasonable
cause, the State must ensure that it is
carried out in a lawful, reasonable and
proportional manner, and in accordance
with international law. Effective legal
recourses and remedies should be
available to those who are evicted,
including adequate compensation for
any real or personal property affected
by the eviction. Evictions should not
result in individuals becoming homeless
or vulnerable to further human rights
violations.
In general, international human rights
law requires Governments to explore all
feasible alternatives before carrying out
any eviction, so as to avoid, or at least
minimise, the need to use force. When
evictions are carried out as a last resort,
• An opportunity for genuine
consultation;
• Adequate and reasonable notice;
• Availability of information on the
proposed eviction in reasonable
time;
• Presence of Government officials
or their representatives during an
eviction;
• Proper identification of persons
carrying out the eviction;
• Prohibition on carrying out evictions
in bad weather or at night;
• Availability of legal remedies;
• Availability of legal aid to those
in need to be able to seek judicial
redress.22
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