Report - Office of the High Commissioner on Human Rights

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quantify non-material losses as costs that <strong>the</strong> State can understand as a public cost, in order to demonstrate <strong>the</strong> line <strong>of</strong> State accountability. In <strong>the</strong>se ways statistics can provide effective supporting evidence for <strong>the</strong> claims being made. 2.4.1 The “Tool Kit” One <strong>of</strong> <strong>the</strong> main problems faced in raising <strong>of</strong> awareness about conditions <strong>of</strong> housing, land rights and living conditions is <strong>the</strong> lack <strong>of</strong> systems available for assessment <strong>of</strong> <strong>the</strong>se rights, including a lack <strong>of</strong> indicators and benchmarks which could be used to determine <strong>the</strong> extent <strong>of</strong> violations <strong>of</strong> housing and land rights, or <strong>the</strong> extent to which <strong>the</strong>se rights have been realized. The Tool Kit (in conjunction with <strong>the</strong> Loss Matrix - see Annex F) provides <strong>the</strong> legal tools to prevent and remedy housing and land rights violations. It also provides a systematic means <strong>of</strong> monitoring and assessing housing rights violations and <strong>the</strong>ir impact, within a human rights-based approach that allows for <strong>the</strong> syn<strong>the</strong>sis <strong>of</strong> local and global analysis. This tool kit was developed by HIC-HLRN, in conjunction with housing rights groups in countries all over <strong>the</strong> world, to provide a monitoring and reporting framework on housing rights. The tool kit has been tested and used in fact-finding missions, reports to <strong>the</strong> UN, and in evaluations <strong>of</strong> housing rights programmes in different countries. With each application <strong>the</strong> tool kit continues to evolve, constantly improved upon through <strong>the</strong> experiences <strong>of</strong> local groups. The Special Rapporteur on Adequate Housing has also used <strong>the</strong> tool kit as a basis for <strong>the</strong> questionnaires he has developed for collating information from government and non-government sources. HIC-HLRN and <strong>the</strong> Special Rapporteur have also provided trainings on <strong>the</strong> tool kit to non-government groups around <strong>the</strong> world. The tool kit was intended for use by community groups, NGOs and individuals, research institutes, human rights monitors, and o<strong>the</strong>rs. It can be used for: – Ga<strong>the</strong>ring information – Monitoring – both violations as well as housing policies and programmes – <strong>Report</strong>ing – Evaluation – Litigation – Media work – Social mobilisation – Advocacy – both nationally and internationally – Standard setting The tool kit provides a comprehensive as well as flexible framework for assessing housing rights violations, and can be easily adapted to <strong>the</strong> issue and situation being addressed. When using <strong>the</strong> tool kit, care should be taken to select components that are most appropriate for <strong>the</strong> issue. The tool kit can also be used to monitor and report on o<strong>the</strong>r human rights, such as <strong>the</strong> right to education or right to health. EXECUTIVE SUMMARY 11
There are ten steps to <strong>the</strong> tool kit methodology. (See Annex F for a summary <strong>of</strong> <strong>the</strong> tool kit table) 1. Entitlements (elements <strong>of</strong> <strong>the</strong> right to adequate housing and congruent rights); The tool kit grounds itself within a human rights approach. Consequently, <strong>the</strong> identification <strong>of</strong> such ‘entitlements’ requires <strong>the</strong> identification <strong>of</strong> <strong>the</strong> relevant human right being addressed. In <strong>the</strong> human right to adequate housing <strong>the</strong>re are two parts to such entitlements: i. Elements <strong>of</strong> <strong>the</strong> right to adequate housing - <strong>the</strong> tool kit identifies 13 elements that are a combination <strong>of</strong> <strong>the</strong> seven elements identified by <strong>the</strong> Committee on Economic, Social and Cultural Rights (General Comment 4) and o<strong>the</strong>r elements identified by peoples’ movements (see Annex F for detailed explanations <strong>of</strong> <strong>the</strong> elements): • Security <strong>of</strong> tenure and freedom from dispossession • Public goods and services • Environmental goods and services (land & water)/ safe environment. • Affordability • Habitability • Accessibility (physical) • Location • Cultural appropriateness • Information, capacity and capacity-building • Participation and self-expression • Resettlement • Security and privacy • Violence against women. ii. Congruent rights – o<strong>the</strong>r human rights, which if not met, will effectively preclude <strong>the</strong> realisation <strong>of</strong> <strong>the</strong> right to adequate housing (e.g. right to life, health, culture, land, property, inheritance, livelihood, information, development, freedom <strong>of</strong> movement, freedom from violence against women, freedom from torture etc.). 2. Sources – international human rights treaties, declarations, agreements, world conference outcomes, national constitutions, national laws, popular sources (e.g. statements by people’s movements); 3. Overriding principles – cut across all human rights instruments and are essential to <strong>the</strong> implementation <strong>of</strong> all rights 10 (e.g. indivisibility <strong>of</strong> human rights, self-determination, nondiscrimination, gender equality); 4. Guarantees – sources that give legal recognition to human rights standards (e.g. ratification <strong>of</strong> treaties, national constitutions, government policies, programmes and budgets, NGO projects, private sector projects etc.); 5. Causes, threats, barriers, obstacles, contributing factors - identifying disparities between <strong>the</strong> protections afforded by human rights in <strong>the</strong>ory and in practice, as well as <strong>the</strong> reasons for <strong>the</strong> lack 10 See Annex C for details about <strong>the</strong>se over-riding principles. 12 WOMEN’S RIGHTS TO ADEQUATE HOUSEING AND LAND
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Page 7 and 8: Preface The Fiji Consultation on wo
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62 WOMEN’S RIGHTS TO ADEQUATE HOU
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the meaning in no
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12:30-1:30 Using the</stron
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Consultation Dinner DAY FOUR, 15 Oc
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Legal Sources of <
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Over-riding Principles Internationa
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Gender Differences: Common heritage
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Preventative measures: Goals <stron
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What is Secure Tenure Entry Point t
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Access to Adequate Serviced Shelter
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Themes emerging from the</s
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Working with civil society Mobilisi
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Q7. How have the w
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Q19. Do women face any particular c
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of VAW as per <str
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102 WOMEN’S RIGHTS TO ADEQUATE HO
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The living place must be free from
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ii. Sources of <st
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Gender Equality 3 Women and men are
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HLRN Housing Rights Monitoring Tool
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The material and othe</stro
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Land : The landed property not asso
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Victims’ Non-material Losses Heal
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Forced Eviction Evaluation Matrix T
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Guarantees Causes Victims Vulnerabi
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Group 2 - Discrimination Case - a l
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Group 3 - Legal and cultural obstac
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Group 4 - Urbanisation (Tuvalu - ru
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Group 5 - Indigenous (PNG Case) Cas
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Entitlements - All the</str
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Poem: “A WIDOW” A bad one, Not
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have not been a priority. “Land i
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etween the PNG gov
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The tailings contained heavy metals
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different customs and tradition. Th
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The following is a pressing example
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Or did I not hear it right Women an
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- Cultural impacts - my mot
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employment or furthe</stron
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Actions/Recommendations - - Governm
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The current rapidly growing and ove
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my parents were supportive
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Susie Saitala Kofe
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what other options
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Element - Culture: Women must fulfi
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work very much from an inclusive, p
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My partner and I have moved three t
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Actions/Interventions - The Sexual
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you hope for a lift with a passing
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e.g. when mothers
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Element - Security of</stro
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Impacts - No sense of</stro
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Cultural appropriateness - What is
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Lynssay Francis, Cook Islands This
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State - The government is trying to
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At the age <strong
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- National Policy on Gender and Dev
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Testimonies on Housing, Land and Pr
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members burnt the
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Since 1995 they ha
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The funding for the</strong
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Reginald Kipe, Vanuatu Vanuatu is c
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Actions/Interventions - - More lega
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Case study 2 - rural women migratin
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“It has been important to listen
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Report - Office of the High Commissioner on Human Rights

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