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2 - The International HLP Rights Normative Framework

Published online by Cambridge University Press:  03 May 2011

Scott Leckie  and
Chris Huggins
Scott Leckie
Affiliation:
Displacement Solutions, Geneva
Chris Huggins
Affiliation:
Land Conflict Research, Ottawa
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Summary

As Chapter 1 outlined, conflict and abuses of housing, land, and property (HLP) rights are virtually synonymous with one another. Every conflict, no matter how small, short-lived, or isolated will invariably involve violations of HLP rights. Before examining how such rights might best be enforced and protected in later chapters of this book, this chapter looks closely at the numerous international legal sources of HLP rights, their content and origins.

THE RIGHT TO HOUSING UNDER INTERNATIONAL LAW

The recognition of housing, land, and property rights by the United Nations began immediately following the creation of the organization itself, in the 1948 Universal Declaration of Human Rights, which included the right to housing and the right to property. Since then, HLP rights have been recognized in a series of international human rights treaties, declarations, and other documents.

Of the various manifestations of HLP rights recognized under international human rights law, the International Convention on Economic, Social and Cultural Rights contains the most comprehensive and significant international legal source of the right to housing. Article 11(1) provides:

The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate … housing, and to the continuous improvement of living conditions. The States Parties will take appropriate steps to ensure the realisation of this right, recognising to this effect the essential importance of international cooperation based on free consent.

Type
Chapter
Information
Conflict and Housing, Land and Property Rights
A Handbook on Issues, Frameworks and Solutions
 , pp. 53 - 91
Publisher: Cambridge University Press
Print publication year: 2011

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References

Cassese, Antonio (2003) International Criminal Law, Oxford University Press.Google Scholar
,COHRE (1999) Sources No. 3: Forced Evictions and Human Rights: A Manual for Action, Geneva: COHRE.Google Scholar
,FAO, ,IDMC, ,OCHA, ,OHCHR, ,UN-Habitat, and ,UNHCR (2007) Handbook on Housing and Property Restitution for Refugees and Displaced Persons – Implementing the Pinheiro Principles, Geneva.Google Scholar
Kälin, Walter (2000) Guiding Principles on Internal Displacement – Annotations, American Society of International Law & The Brookings Institution, Washington DC.Google Scholar
Lastarria-Cornhiel, Susana (2005) Gender and Property Rights within Post-Conflict Situations, USAID Issue Paper 12.Google Scholar
Leckie, Scott (2007) Housing, Land and Property Restitution Rights of Refugees and Displaced Persons: Laws, Cases and Materials, Cambridge University Press.CrossRefGoogle Scholar
Leckie, Scott (ed.) (2003) National Perspectives on Housing Rights, Kluwer International Publishers.
Leckie, Scott (2001) “The Human Right to Adequate Housing,” Chapter 9 in Economic, Social and Cultural Rights: A Textbook (Eide, Krause, and Rosas, , eds.), Martinus Nijhoff Publishers, pp. 149–168.Google Scholar
Leckie, Scott and Simperingham, Ezekiel (2011) The Possibility of Prosecuting Grave Violations of Housing, Land and Property Rights, Displacement Solutions.Google Scholar
,OCHA (2003) No Refuge – The Challenge of Internal Displacement, United Nations.Google Scholar
,Sphere Project (2000) Humanitarian Charter and Minimum Standards in Disaster Response, Sphere Project.Google Scholar
,UN Secretary-General (1993) Forced Evictions: Analytical Report Compiled by the Secretary-General Pursuant to Commission Resolution 1993/77, E/CN.4/1994/20.

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