Stop Evictions Campaign

The Right to Adequate Housing

 

What is forced eviction?

Forced eviction is the removal of someone from his/her home or land against his/her will and without the appropriate protections being given. These protections were authoritatively defined in General Comment 7, the Right to Adequate Housing, of the UN Committee on Economic, Social and Cultural Rights. The United Nations Human Rights Commission has said that “…the practice of forced evictions constitutes a gross violation of human rights, in particular the right to adequate housing.” Local governments must ensure that its officials, as well as other actors in the municipality, do not carry out forced evictions.

 

The United Nations Committee on Economic, Social and Cultural Rights has said that evictions “can only be justified in the most exceptional circumstances, an in accordance with the relevant principles of international law.” An example of ‘exceptional circumstances' in which forced evictions could be carried out without violating international law, might be tenants persistently refusing to pay rent and/or destroying rented property.

Even in such ‘exceptional circumstances', certain procedural requirements must still be fulfilled:

 

Firstly, local governments must ensure, prior to 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.

Secondly, evictions should not result in rendering individuals homeless or vulnerable to the violation of other human rights. Governments must therefore ensure that adequate alternative housing is available to affected persons.

 

Finally, in those rare cases where eviction is considered justified, it must be carried out in strict compliance with relevant provisions of international human rights law and in accordance with general principles of reasonableness and proportionality. These include:

  1. Adequate and reasonable notice to be given to all affected persons prior to the scheduled date of eviction;
  2. 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;
  3. Government officials or their representatives to be present during any eviction, especially where groups of people are involved;
  4. All persons carrying out the eviction to be properly identified;
  5. Evictions not to take place in particularly bad weather or at night, unless the affected persons consent otherwise;
  6. Provision of legal remedies; and
  7. Provision, where possible, of legal aid to persons who are in need of it to seek redress from the courts.

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