3.2
Legislative Basis
Sources
Human rights protections against forced evictions must be enshrined
in legislation.
ICESCR, arts. 2.1;
11(1)
GC III
GC VII, para. 9
Basic Principles,
para. 22
3.3
Non-Discrimination
Sources
If and when forced evictions do occur, governments are required to
ensure that the special requirements of vulnerable groups, such as
women, children, persons with disabilities, the aged, indigenous
peoples and other ethnic minorities, are met. Safeguards must be
embedded in the law to ensure that these groups are not subject to
the detrimental effects of discrimination during the course of
evictions and displacement.
ICESCR, arts.
2(2); 2(3), 11(1)
CERD, art.
5(e)(iii)
CEDAW, art.
14(2)
CRPD, arts. 5(3),
28(2)(d)
GC VII, para. 10
Basic Principles,
para. 33
3.4
Punitive Evictions
Sources
Forced evictions, as a matter of policy or practice of government,
cannot be resorted to as a punitive measure.
ICESCR, art.
11(1)
GC VII, para.
11
14 Human Rights in the Rubble