Secure tenure
The legally protected entitlement of all individuals and groups to occupy property and enjoy effective state protection against unlawful evictions.[1] Major types of tenure include freehold (ownership) and leasehold, “including rental (public and private) accommodation, cooperative housing, lease, owner-occupation, emergency housing and informal settlements, including occupation of land or property. Notwithstanding the type of tenure, all persons should possess a degree of security of tenure [that] guarantees legal protection against forced eviction, harassment and other threats. States […consequently should] take immediate measures aimed at conferring legal security of tenure upon those persons and households currently lacking such protection, in genuine consultation with affected persons and groups.”[2]
[1] “Expert seminar on the practice of forced evictions, Geneva, 11–13 June 1997,” E/CN.4/Sub.2/1997/7 (2 July 1997).
[2] Committee on Economic, Social and Cultural Rights, “General Comment No. 4 `the right to adequate housing’ (Article 11[1] of the Covenant),” 13 December 1991, UN document HRI/GEN/1/Rev.8, para. 8(a), p. 20.
|
