Adequate Housing as a Component of the Right to an Adequate Standard of Living in the Context of Disaster Settings

A/HRC/RES/19/4No PDF available

Who created this mandate?

A Resolution of the General Assembly, under agenda item 3Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development, published in 2012.

What subjects does this mandate have?

3 topics

Disaster Relief Right to Housing Standard of Living

What does this mandate say?

17 operative paragraphs

Acknowledges the work of the Special Rapporteur on adequate housing as a component of the right to an adequate standard of living, and on the right to non-discrimination in this context, including the undertaking of country missions;

Welcomes the reports presented by the Special Rapporteur to the General Assembly and to the Human Rights Council, and takes note with appreciation of the framework presented to comprehensively respect, protect and fulfil the right to adequate housing in the context of post-disaster settings;

Encourages States and relevant actors to respect, protect and fulfil the right to adequate housing as a component of the right to an adequate standard of living in their broader disaster risk reduction, prevention and preparedness initiatives, as well as in all phases of disaster response and recovery;

Urges States, in the context of post-disaster settings, and recognizing that short-term humanitarian response and early recovery phases are based on needs, to respect, protect and fulfil the right to adequate housing without discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, and, in this regard:

To ensure that all affected persons, irrespective of their pre-disaster tenure status and without discrimination of any kind, have equal access to housing that fulfils the requirements of adequacy, namely the criteria of accessibility, affordability, habitability, security of tenure, cultural adequacy, suitability of location, access to essential services and respect for safety standards aimed at reducing damage in cases of future disasters;

To integrate, in post-disaster settings, including where temporary shelter is required as an interim response, the right to adequate housing as a key component of planning and implementation of humanitarian, reconstruction and development responses;

To give due priority to the realization of the right to adequate housing for the most disadvantaged and vulnerable persons through housing reconstruction and the provision of alternative housing, especially by respecting the principles of non-discrimination and gender equality, and by integrating a gender perspective into policies, strategies and programmes for disaster risk reduction, prevention and preparedness, as well as into all phases of disaster response and recovery;

To ensure that accessibility for persons with disabilities is taken into account during all phases of reconstruction, in accordance with international law and standards;

To aim to ensure access to information and meaningful consultation and participation of affected persons and communities in the planning and implementation of shelter and housing assistance;

To ensure that the tenure rights of those without individual or formally registered property ownership are recognized in restitution, compensation, reconstruction and recovery programmes, giving particular consideration to the most vulnerable persons and by taking measures to support their repossession of or alternative access to adequate housing or land;

To support the voluntary return of displaced persons or groups to their former homes, lands or places of habitual residence, in safety and dignity, based on a free, informed choice, and to ensure that relocation and local integration conditions for displaced persons are in accordance with international human rights law and standards as reflected in the guidelines pertaining to adequate housing, evictions and displacement, in particular the Guiding Principles on Internal Displacement and the Operational Guidelines on the Protection of Persons in Situations of Natural Disasters adopted by the Inter-Agency Standing Committee;

To ensure that cases of permanent relocation are kept to a minimum and are only carried out after all alternative and less disruptive options have been exhausted, and, where there is a clear issue of public safety, that the relocation is done in accordance with international law;

To ensure that appropriate measures are taken to make available adequate alternative shelter to those unable to provide for themselves;

To make accessible appropriate remedies, including access to legal counsel and legal aid, and to guarantee a fair hearing to all persons threatened with or subject to eviction;

Welcomes the cooperation extended to the Special Rapporteur by States and other relevant actors in the context of post-disaster response and recovery, and calls upon them to continue to cooperate with her on this issue, to share good practices in this regard and to respond favourably to her requests for information and visits;

Requests the Secretary-General and the United Nations High Commissioner for Human rights to provide all assistance necessary to the Special Rapporteur for the effective fulfilment of her mandate;

Decides to continue its consideration of this matter under the same agenda item.

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