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Economic, Social and Cultural Rights: Handbook for National by United Nations PDF

By United Nations

This handbook’s goal is to aid nationwide human rights associations within the improvement of rules, procedures and abilities to combine fiscal, social and cultural rights additional into their paintings. It examines ways that nationwide associations’ criminal mandates might be interpreted to those rights inside of their jurisdictions and the way their capabilities and powers might be exercised extra competently of their regard.

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Additional info for Economic, Social and Cultural Rights: Handbook for National Human Rights Institutions (Professional Training Series)

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Disaggregating State obligations-housing rights The right t o adequate housing is one of the more developed economic, social and cultural rights. The United Nations Housing Rights Programme (UNHRP), a joint initiative of the United Nations Human Settlements Programme (UN-HABITAT) and the Office of the United Nations High Commissioner for Human Rights, is the most important international activity concerning housing rights. 6, table 2). Similar exercises could be undertaken by national human rights institutions in relation t o other economic, social and cultural Respect Protect Promote Fulfil Prevention of illegal evictions and forced evictions Prevention of violations of housing rights Security of tenure Com bat i ng , preventing and ending homelessness Prevention of all forms of discrimination Domestic remedies and the domestic application of international law Ensuring equality rights for all groups Legislative review and recognition of housing rights Increasing and properly targeting public expenditure on housing Development of benchmarks of full realization Adequate and habitable housing for all Housing-based f reedoms Access for all to affordable housing and the development of an affordability benchmark Development of national housing rights strategies Development of minimum physical housing standards Right t o privacy and respect for the home Accessibility of housing for disadvantaged groups requiring special measures Focus on the rights of vulnerable groups Provision of all necessary services and infrastructure Popular participation in housing Democratic residential control of housing Access t o housing information Popular housing finance and saving schemes Respect for the cultural attributes of housing Regulation of rent levels and activities in the private housing sector Ensuring a sufficient supply of affordable land Social housing construction Prevention of any measures of retrogressivity In this section of the handbook, three core concepts in regard to economic, social and cultural rights are discussed: Minimum core obligations; m Justiciability and the domestic application of economic, social and cultural rights; m Avoiding regressive measures.

A national institution must therefore remain conscious that the political, economic, social and cultural environment can inhibit its operating independently and effectively, and obstruct its work for economic, social and cultural rights. The national human rights institution should consider: The level of judicial capacity and independence and their impact on its ability to function; The domestic legislative framework for and international treaty obligations relating to the enforcement of remedies; Strategies to reduce risks that it will be drawn into party political conflicts; Steps to educate the public and civil society about its mandate; How to sensitize the Government, the military and the police to its role and authority.

The national human rights institution might be able to interpret its jurisdiction to investigate complaints against the State as including any acts by organizations that are substantially funded, subsidized or regulated by the State. National institutions are encouraged to include in their remit a mandate for the private sector, which is increasingly a provider of essential services. A national human rights institution's interpretation of its mandate and jurisdiction is generally subject to judicial review.

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