Housing (Right to adequate)

Primary tabs

Approximately 20,000 occupiers of the Joe Slovo informal settlement in Cape Town appealed to the Constitutional Court to set aside an order for their eviction granted by the High Court. The eviction had been sought by the National and Provincial Ministers of Housing and a housing company contracted to implement a development of formal housing for low-income families at the site of the informal settlement. While the housing company tendered that they would provide temporary accommodation for the occupiers in Delft, 15 kilometres away, no permanent housing was guaranteed.

The decision holds Italy accountable for policies and practices that have resulted in Roma and Sinti residents living in segregated and grossly inadequate housing conditions, as well as forced eviction of entire communities and expulsion of migrant Roma from Italy.  The case also held Italy accountable for the underlying racist and xenophobic climate created in Italy.  The European Committee of Social Rights found that Romani camps have been destroyed and their inhabitants forcibly evicted and often expelled from Italy by state police or other representatives of the public authority, often

Since February 2003, following the emergence of an armed conflict in the Darfur region of the Sudan, militiamen known as Janjaweed have engaged in forcibly evicting, killing, and raping thousands of Black indigenous people in that region.  The complainants alleged these acts were a failure of the government of Sudan to respect and protect the rights of the people of Darfur and in particular violated articles 4, 5, 6, 7, 9, 12 (1), 14, 16, 18 (1) and 22 of the African Charter on Human and People's Rights.  In affirming admissibility of the complaint, the Commission quoted its decisi

A group of homeless people erected overhead shelter in the form of tents, tarps and cardboard boxes at a local park in the City of Victoria.  The City sought a permanent injunction (legal order requiring the homeless to refrain from erecting shelters) and declaration that such structures contravened the Park Regulation Bylaw and Streets and Traffic Bylaw. The City had a documented shortfall of spaces in homeless shelters.

During Unocal's construction of an oil pipeline in Myanmar, it hired Myanmar's military for security while the pipeline was built. The villagers in the area where the pipeline was being constructed alleged the military forcefully evicted them, forced them to work on the project and raped, murdered and tortured them.

FEANTSA alleged that France was in violation of Article 31 of the Revised European Social Charter (RESC) due to its failure to ensure an effective right to housing for its residents in a range of different contexts.

The City of Johannesburg sought to evict men, women and children from two buildings in Berea, in the inner city. This was part of an overall clearance policy under the Johannesburg Inner City Regeneration Strategy, in which evictions have been carried out in the middle of the night and without notice, under Apartheid-era laws and regulations. The city alleged that the living conditions are unhygienic and constitute a fire hazard, but had refused to offer the occupiers alternative accommodation.

Country: 
United Kingdom
Working Group(s) / Area(s) of Work: 
Strategic Litigation
OP-ICESCR

Sally Chapman purchased a piece of land in 1985 with the intention of living on it in a caravan. She was refused permission to live on the land by the District Council and was given 15 months to vacate it. She claimed her rights under the European Convention on Human Rights had been violated, including Article 8 (right to respect for private and family life) and Article 14 (violation of prohibition of discrimination). Following an invitation of the President of the Court (according to Art 36 § 2), the European Roma Rights Centre intervened as a third party in the written procedure.

Country: 
Haiti, United States of America
Working Group(s) / Area(s) of Work: 
Economic Policy
OP-ICESCR