In Case of a Forced Eviction: What are the International Guidelines that should be followed?

In addition to international and national human rights laws and policies, specific human rights standards and guidelines need to be implemented in order to ensure that human rights of the affected population are protected. The United Nations Basic Principles and Guidelines on Development-based Evictions and Displacement (hereafter UN Guidelines), presented by the UN Special Rapporteur on adequate housing and acknowledged by the UN Human Rights Council in 2007, contain several useful provisions that aim to protect human rights. In particular, the UN Guidelines: The UN Guidelines emphatically state that evictions may only take place in 'exceptional circumstances' for the general welfare. They must be authorized by law, take place in accordance with international human rights standards, must be reasonable and proportional, and must ensure full and fair compensation and rehabilitation. The UN Guidelines (paragraphs 13 - 20) elaborate on basic human rights principles. They affirm that everyone is entitled to the human right to adequate housing, which includes the rights to protection against arbitrary or unlawful interference with privacy, family, home, and to legal security of tenure. The UN Guidelines further assert that: The UN Guidelines then lay down operational procedures, based on human rights standards, to be followed at each stage of an eviction: before, during and after.

1. Before Evictions (Paragraphs 37 - 44)

Before any proposed eviction, the government (and other involved actors) must:

2. During Evictions (Paragraphs 45 - 51)

During an eviction, the government (and other authorities responsible for the eviction) must:

3. After Evictions (Paragraphs 52 - 58)

After evictions, the government (and other authorities responsible for the eviction) must:
The UN Guidelines also contain provisions for:

Monitoring, Evaluation and Follow-up (Paragraphs 69 - 70)

Role and Responsibility of Non-state Actors (Paragraph 73)

Protection of Children's Rights

The UN Guidelines, in several provisions (paragraphs 21, 31, 33, 47, 50, 52, 54, 56) protect children's rights. In particular they:

Protection of Women's Rights

Women's rights are also protected in several paragraphs of the UN Guidelines (paragraphs 7, 15, 26, 29, 33, 34, 38, 39, 47, 50, 53, 54 and 57).

The UN Guidelines contain provisions to ensure that: