International Conventions Legal Sources Introduction What international instruments? Security of Tenure: Legal Sources International Conventions Regional Instruments Resolutions Declarations and Recommendations Agendas and Platforms/Programmes of Action Reports of UN Special Rapporteurs International Covenant on Economic, Social and Cultural Rights (ICESCR, adopted in1966, entry into force in 1976) Article 2(1): progressive realisation of human rights laid down in this Covenant Article 2(2): non-discrimination Article 3: equal rights of men and women to the enjoyment of all economic, social and cultural rights Article 11(1): the right to adequate housing (including secure tenure, which includes access to land: see box below, General Comment No. 4) Article 12(1): the right to health International Covenant on Civil and Political Rights (ICCPR, adopted in 1966, entry into force in 1976) Article 2(1): non-discrimination Article 3: right to equality Article 12(1): the right to choose own residence Article 14: equality before court Article 17: right to protection against arbitrary or unlawful interference in home Article 23(4): equal rights and responsibilities of spouses as to, during and at dissolution of marriage Article 26: equal protection before the law International Convention on the Elimination of all Forms of Racial Discrimination (CERD, adopted in 1965, entry into force in 1969) Article 5(d) (v): the right to own property Article 5(d) (vi): the right to inherit Article 5(e)(iii): the right to housing Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW, adopted in 1979, entry into force in 1981) Article 1: definition of discrimination Article 13: women’s equal right to bank loans, mortgages and other forms of financial credit Article 14(2)(h): rural women’s right to enjoy adequate living conditions, including in relation to housing Article 15: women’s equal rights to conclude contracts and administer property Article 16 (1)(c): equal rights and responsibilities during and at dissolution of marriage Article 16(1)(h): equal rights for both spouses in respect of ownership, acquisition, management, administration, enjoyment and disposition of property Convention on the Rights of the Child (CRC, adopted in 1989, entry into force in 1990) Article 2: the right to non-discrimination Article 27: the right to an adequate standard of living, including housing International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (adopted in 1990, entry into force in 2003) Article 7: right to non-discrimination Article 15: right to property Article 43(1)(d): access to housing and protection against rent exploitation Convention relating to the Status of Refugees (adopted in 1951,entry into force 1954) Article 21: treatment regarding access to housing as favourable as possible Convention (No. 169) concerning Indigenous and Tribal Peoples in Independent Countries (adopted in 1989, entry into force 1991) Article 3: right to non-discrimination for all - Article 4: special measures to safeguard property - Article 7: right of indigenous and tribal peoples to their own decisions regarding the land they occupy or otherwise use - Article 8(2): right to retain own customs and institutions, where these are not incompatible with international human rights - Article 14: recognition and protection of the right to ownership and possession over the lands which indigenous and tribal peoples traditionally occupy, and the right of use for subsistence and traditional activities. - Article 16: relocation from land only with free and informed consent, the right to return or equal land and compensation. - Article 17: indigenous procedures for transmission of land rights to be respected. Convention (117) concerning Social Policy (adopted in 1962, entry into force in 1964) Article 2: improvement of standard of living Article 4(d): tenants protection Article 5(2): need for housing International Convention on the Suppression and Punishment of the Crime of Apartheid (adopted in 1973, entry into force 1976) Article II(b) and (d): prohibition of creation of separate reserves or ghettos for the members of a racial group or groups or the expropriation of landed property of members of a racial group or groups back