Report - Office of the High Commissioner on Human Rights

iii. Over-riding Principles
Indivisibility <strong>of</strong> Human Rights
“All human rights and fundamental freedoms are indivisible and interdependent; equal
attention and urgent consideration should be given to <strong>the</strong> implementation, promotion and
protection <strong>of</strong> both civil and political, and economic, social and cultural rights;
The full realisation <strong>of</strong> civil and political rights without <strong>the</strong> enjoyment <strong>of</strong> economic, social and
cultural rights is impossible; <strong>the</strong> achievement <strong>of</strong> lasting progress in <strong>the</strong> implementation <strong>of</strong>
human rights is dependent upon sound and effective national and international policies <strong>of</strong>
economic and social development.”
— Vienna Declaration and Programme <strong>of</strong> Action (1993)
Self-determination
The extent to which concerned individuals and communities are able to exercise an effective
role in determining <strong>the</strong> terms by which all elements <strong>of</strong> <strong>the</strong>ir right to adequate housing are
realized.
Non-discrimination 2
Article 1 <strong>of</strong> Convention on <strong>the</strong> Elimination <strong>of</strong> all forms <strong>of</strong> Discrimination Against Women
(CEDAW) states that any distinction, exclusion or restriction made on <strong>the</strong> basis <strong>of</strong> sex which
has “<strong>the</strong> intention or effect” <strong>of</strong> “nullifying or impairing” <strong>the</strong> “recognition, enjoyment and
exercise” by women <strong>of</strong> all rights in <strong>the</strong> social, cultural, political and economic spheres
constitutes discrimination. This can manifest as:
• Differential treatment leading to non-recognition <strong>of</strong> human rights <strong>of</strong> women both in <strong>the</strong>
private and public sphere (direct discrimination);
• Differential treatment preventing women from exercising <strong>the</strong>ir human rights both in <strong>the</strong>
private and public spheres, (direct discrimination); and
• Equal or gender-neutral/gender-insensitive treatment preventing women from exercising
<strong>the</strong>ir human rights in <strong>the</strong> private and public spheres (indirect discrimination).
O<strong>the</strong>r kinds <strong>of</strong> discrimination women can face include:
• Cross-cutting discrimination – discrimination in one area may lead to discrimination in
o<strong>the</strong>r areas (e.g. denying girl children access to health may also prevent <strong>the</strong>m from going
to school);
• Historic discrimination – women may be suffering from <strong>the</strong> effect <strong>of</strong> past discrimination;
• Intersectional discrimination – women experience <strong>the</strong> compounded effect <strong>of</strong> simultaneous
discrimination on <strong>the</strong> basis <strong>of</strong> gender and o<strong>the</strong>r factors such as race, ethnicity, class, age,
disability, sexual orientation etc.
SRAH’s 2002 <strong>Report</strong> (E/CN.4/2002/5X) – contains guidelines for States for ensuring freedom from
discrimination with regard to <strong>the</strong> human right to adequate housing.
2
Materials for this section are based on <strong>the</strong> work and materials <strong>of</strong> IWRAW-AP.
EXECUTIVE SUMMARY 107