Universal-MigrationHRlaw-PG-no-6-Publications-PractitionersGuide-2014-eng

MIGRATION AND INTERNATIONAL HUMAN RIGHTS LAW | 243Evictions must be justified and carried out in conditions that respect thedignity of the persons concerned. Alternative accommodation must bemade available. The law must establish procedures and timing of theeviction, provide legal remedies and offer legal aid to those who need itto seek redress to courts. Finally, the system must provide for compensation.Legal protection for persons threatened by eviction must include,in particular, an obligation to consult the affected parties in order to findalternative solutions to eviction and the obligation to fix a reasonablenotice period before eviction. 982It should also be noted that forced evictions, either by the State or byprivate parties, may amount to cruel, inhuman or degrading treatment,for example when this involves destruction of the home, or is based ondiscriminatory grounds. 983ii) Discrimination in housing and equal application to migrantsThe enjoyment of the right to housing, including the prohibition of arbitraryforced evictions, must not be subject to any form of discrimination,whether caused by actions of the State or of third parties. 984 This principleapplies to non-citizens, regardless of their status. 985 Furthermore,the ILO Convention No. 97 and the European Social Charter (revised)both provide for the obligation of host countries to apply a treatment noless favourable than that which it applied to its own nationals, withoutdiscrimination in respect of nationality, race, religion or sex, in respectof accommodation. 986982 See, ERRC v. Italy, ECSR, op. cit., fn. 970, para. 41; ERRC v. Bulgaria, ECSR, op. cit.,fn. 970, para. 52; ATD v. France, ECSR, op. cit., fn. 981, paras. 77–78; FEANTSA v. France,ECSR, op. cit., fn. 970, paras. 85–86; ERRC v. France, ECSR, op. cit., fn. 970, para. 68.983 Yöyler v. Turkey, ECtHR, op. cit., fn. 937, paras. 74–76; Selçuk and Asker v. Turkey, ECtHR,op. cit., fn. 937, paras. 77–80; Bilgin v. Turkey, ECtHR, op. cit., fn. 937, paras. 100–104;Moldovan and Others (2) v. Romania, ECtHR, op. cit., fn. 937, paras. 111, 113–114. See,Sudan Human Rights Organisations and Others v. Sudan, ACommHPR, Communications Nos.279/03 and 296/05, 45 th Ordinary Session, May 2009, para. 159.984 CESCR, General Comment No. 4, op. cit., fn. 970, para. 6; CESCR, General Comment No. 7,op. cit., fn. 973, para. 10. See also, Concluding Observations on Belgium, CESCR, Report ofthe Committee on Economic, Social and Cultural Rights to the UN Economic and Social Council,UN Doc. E/1995/22 (1995), p. 34, para. 157; Concluding Observations on Denmark, CESCR,op. cit., fn. 188, paras. 21 and 34; Concluding Observations on Cyprus, CESCR, op. cit., fn. 784,para. 21; Concluding Observations on Luxembourg, CERD, UN Doc. CERD/C/LUX/CO/13,18 April 2005, para. 17; Concluding Observations on France, CERD, UN Doc. CERD/C/FRA/CO/16,18 April 2005, para. 12.985 CERD, General Recommendation No. 30, op. cit., fn. 18, para. 32. See, Article 5(e)(iii) ICERD.See also, Concluding Observations on Luxembourg, CERD, op. cit., fn. 984, para. 17; ConcludingObservations on France, CERD, op. cit., fn. 984, para. 12. The principle has also beenupheld by the Council of Europe Committee of Ministers in Recommendation R(88)14 of theCommittee of Ministers to member states on migrants’ housing, adopted by the Committeeof Ministers on 22 September 1988 at the 419 th meeting of the Ministers’ Deputies.986 Article 6.1, Migration for Employment Convention (Revised) (C97), ILO, adopted on 1 July1949; and Article 19.4.3 ESC(r). Article 19 ESC(r), contrary to almost all provisions of that treaty,is applicable to all migrant workers and foreigners, regardless of their status or provenience.