Vivienda

Solapas principales

Caselaw

400 people who had been evicted from adjacent municipal land settled on the private Modderklip farm in 2000. In April 2001 an eviction order was issued, but the occupiers had no place to go and failed to comply.  The numbers of occupiers continued to increase and the sheriff demanded a deposit of 1.8 million rand – more than the land was worth to carry out the eviction.   

Port Elizabeth Municipality filed an eviction application in response to a neighbourhood petition against 68 adults and children occupying shacks erected on privately owned land.  They had been living on this undeveloped land for between two to eight years and were willing to vacate the property subject to reasonable notice and suitable alternative land.

The communication alleged that the military government of Nigeria was guilty of, amongst other things, violations of the right to health, the right to dispose of wealth and natural resources, the right to a clean environment and family rights, due to its condoning and facilitating the operations of oil corporations in Ogoniland.  

A community of squatters, evicted from an informal settlement in Wallacedene had set up minimal shelters of plastic and other materials at a sports centre adjacent to Wallacedene community centre. They lacked basic sanitation or electricity. The group brought an action under sections 26(the right of access to adequate housing) and 28 (children's right to basic shelter) of the South African Constitution for action by various levels of government.

 The case concerned a resolution adopted by the Dobšiná municipal council, under pressure from right‑wing anti‑Roma groups, to cancel a previous resolution in which the council had approved a plan to construct low‑cost social housing for Roma inhabitants living in very poor conditions. The petitioners contended, amongst other things, that the State party had failed to safeguard their right to adequate housing, thereby violating Article 5(e)(iii) of the International Convention on the Elimination of all forms of Racial Discrimination (ICERD).  

Five joined communications alleged the existence of slavery and analogous practices in Mauritania and of institutionalized racial discrimination perpetrated by the ruling Moor community against the more populous black community. It was alleged, amongst other things, that black Mauritanians were enslaved, routinely evicted or displaced from their lands, which were then confiscated by the government along with their livestock.  It also was alleged that black Mauritanians were denied access to employment and were subjected to tedious and unremunerated work.

This collective complaint, made by the European Roma Rights Centre (ERRC), alleged that Roma in Greece were denied an effective right to housing.

The Committee held that the implementation of Article 16 with regard to nomadic groups, including itinerant Roma, implies that adequate stopping places should be provided. The Committee stated that, in this respect, Article 16 contains similar obligations to Article 8 of the European Convention of Human Rights. 

In 1981, the State of Maharashta and the Bombay Municipal Council decided to evict all pavement and slum dwellers from the city of Bombay. The residents claimed such action would violate the right to life, since a home in the city allowed them to attain a livelihood and demanded that adequate resettlement be provided if the evictions proceeded. The Court declined to provide the remedies requested by the applicants but found that the right to a hearing had been violated at the time of the planned eviction.

The South African government decided to establish a transit camp on the grounds of the Leeuwkop Prison (state-owned land) for Alexandra Township flood victims. It was intended that the occupants would then move to permanent housing when it became available. The plan was apparently made without consultation with the residents in the area and a residents' association, Kyalami Ridge Environmental Association (KREA), requested that the relevant minister suspend operations.

A large number of residents of basties (informal settlements) of Dhaka City were evicted without notice and their homes were demolished with bulldozers. A case, challenging the ongoing evictions, was brought by two residents and three citizens in the public interest. The Supreme Court held that inhabitants had some rights to shelter and a fair hearing and made recommendations for resettlement.