10.
Women,
indigenous
youth,
children,
and
ethnic
people,
persons,
older
other
14. In cases where eviction is considered to be
justified, it should be carried outin strict compliance
minorities,
all
of
and other vulnerable individuals and groups
suffer disproportionately from the practice
in all groups are especially
forced eviction, Women
vulnerable given the extent of statutory and other
forms of discrimination which often apply in relation
to property rights (including home ownership) or
rights of access to property or accommodation, and
their particular vulnerability to acts of violence and
sexual abuse when they are rendered homeless.
The
non-discrimination
provisions
of
articles
2.2 and 3 of the Covenant impose an additional
obligation
upon
Governments
to
ensure
that,
where evictions do occur, appropriate measures
are taken to ensure that no form of discrimination
is involved.
11, Whereas some evictions may be justifiable,
such as in the case of persistent non-payment of
rent or of damage to rented property without any
reasonable cause, itis incumbent upon the relevant
authorities to ensure that they are carried out in
a manner warranted by a law which is compatible
with the Covenant and that all the legal recourses
and remedies are available to those affected.
12.
Forced
punitive
eviction
measure
and
are
house
also
demolition
inconsistent
with
as
a
the
norms of the Covenant. Likewise, the Committee
takes note of the obligations enshrined in the
Geneva
Conventions
of 1949
and
Protocols
thereto of 1977 concerning prohibitions on the
displacement of the civilian population
destruction of private property as these
and the
relate to
the practice of forced eviction.
13.
States
parties shall ensure,
prior to carrying
out any evictions, and particularly those involving
large groups, that all feasible alternatives are
explored in consultation with the affected persons,
with a view to avoiding, or at least minimizing, the
need to use force. Legal remedies or procedures
should be provided to those who are affected by
eviction orders. States parties shall also see to
it that all the individuals concerned have a right
to adequate
compensation
for any
property,
both personal and real, which is affected. In this
respect, it is pertinent to recall article 2.3 of
the International Covenant on Civil and Political
Rights, which requires States parties to ensure
“an effective remedy” for persons whose rights
have
been
violated
and
the obligation
upon
the
“competent authorities (to) enforce such remedies
when granted”.
24
cure ECONOMIC, SOCIAL AND CULTURAL RIGHTS HANDBOOK
with the relevant provisions of international human
rights law and in accordance with general principles
of reasonableness and proportionality, In this regard
itis especially pertinent to recall General Comment
16 of the Human Rights Committee, relating to
article 17 of the International Covenant on Civil
and Political Rights, which states that interference
with a person's home can only take place “in cases
envisaged by the law”. The Committee observed
that the law “should be in accordance with the
provisions, aims and objectives of the Covenant
and should be, in any event, reasonable in the
particular circumstances”. The Committee also
indicated that “relevant legislation must specify
in detail the precise circumstances in which such
interferences may be permitted”.
15. Appropriate procedural protection and due
process are essential aspects of all human rights
but are especially pertinent in relation to a matter
such as forced evictions which directly invokes
a large number of the rights recognized in both
the International Covenants on Human
Rights.
The Committee
considers that the procedural
protections which should be applied in relation
to forced evictions include: (a) an opportunity
for genuine consultation with those affected; (b)
adequate and reasonable notice for all affected
persons prior to the scheduled date of eviction;
(c)
information
on
the
proposed
evictions,
and,
where applicable, on the alternative purpose for
which the land or housing is to be used, to be made
available in reasonable time to all those affected;
(d) especially where groups of people are involved,
government
officials
or
their
representatives
to be present during an eviction; (e) all persons
carrying out the eviction to be properly identified;
(f) evictions not to take place in particularly bad
weather or at night unless the affected persons
consent otherwise; (g) provision of legal remedies;
and (h) provision, where possible, of legal aid to
persons
who
are in need
of it to seek
redress
from
the courts.
16. Evictions should not result in individuals being
rendered homeless or vulnerable to the violation
of other human
rights. Where those affected
are unable to provide for themselves, the State
party must take all appropriate measures, to the
maximum
of its available resources, to ensure
that adequate alternative housing, resettlement or
access to productive land, as the case may be, is
available.