Article 28(1): ‘States Parties recognize the right of persons with disabilities to an
adequate standard of living for themselves and their families, including adequate food,
clothing and housing, and to the continuous improvement of living conditions, and
shall take appropriate steps to safeguard and promote the realization of this right
without discrimination on the basis of disability.’
Article 28(2)(d): ‘States Parties recognize the right of persons with disabilities to
social protection and to the enjoyment of that right without discrimination on the basis
of disability, and shall take appropriate steps to safeguard and promote the realization
of this right, including measures:… (d) To ensure access by persons with disabilities to
public housing programmes.’
(j)
Declaration on the Rights of Indigenous Peoples (2007)
Article 10: ‘Indigenous peoples shall not be forcibly removed from their lands or
territories. No relocation shall take place without the free, prior and informed consent
of the indigenous peoples concerned and after agreement on just and fair
compensation and, where possible, with the option of return.’
Article 21(1): ‘Indigenous peoples have the right, without discrimination, to the
improvement of their economic and social conditions, including, inter alia, in the areas
of education, employment, vocational training and retraining, housing, sanitation,
health and social security.’
Article 23: ‘Indigenous peoples have the right to determine and develop priorities
and strategies for exercising their right to development. In particular, indigenous
peoples have the right to be actively involved in developing and determining health,
housing and other economic and social programmes affecting them and, as far as
possible, to administer such programmes through their own institutions.’
Article 26: ‘1. Indigenous peoples have the right to the lands, territories and
resources which they have traditionally owned, occupied or otherwise used or
acquired. 2. Indigenous peoples have the right to own, use, develop and control the
lands, territories and resources that they possess by reason of traditional ownership or
other traditional occupation or use, as well as those which they have otherwise
acquired. 3. States shall give legal recognition and protection to these lands, territories
and resources. Such recognition shall be conducted with due respect to the customs,
traditions and land tenure systems of the indigenous peoples concerned.’
Article 27: ‘States shall establish and implement, in conjunction with indigenous
peoples concerned, a fair, independent, impartial, open and transparent process,
giving due recognition to indigenous peoples’ laws, traditions, customs and land
tenure systems, to recognize and adjudicate the rights of indigenous peoples
pertaining to their lands, territories and resources, including those which were
traditionally owned or otherwise occupied or used. Indigenous peoples shall have the
right to participate in this process.’
Articles 28: ‘1. Indigenous peoples have the right to redress, by means that can
include restitution or, when this is not possible, just, fair and equitable compensation,
for the lands, territories and resources which they have traditionally owned or
otherwise occupied or used, and which have been confiscated, taken, occupied, used
4 Human Rights in the Rubble