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Litigating for Housing Rights


When evil men burn and bomb, good men must build and bind. Where evil men would seek to perpetuate an unjust status quo, good men must seek to bring into being a real order of justice.

Martin Luther King

The right to adequate housing, including the right to be protected from forced eviction, has increasingly been the subject of judicial and quasi-judicial review at the international, regional and national levels. As a result, there exists an emerging body of housing rights jurisprudence. Presented in this section are:

International Jurisprudence on housing rights containing decisions made by the UN Committee on Economic, Social and Cultural Rights, the UN Committee on the Elimination of Racial Discrimination, the UN Human Rights Committee, the UN Committee Against Torture, the UN Committee on the Elimination of Discrimination against Women and the UN Committee on the Rights of the Child.

Regional Jurisprudence on housing rights contains a list of cases from the European Court of Human Rights, the European Committee of Social Rights, the Inter-American Commission on Human Rights, the Inter-American Court of Human Rights, the African Commission on Human and Peoples' Rights and the International Tribunal for the former Yugoslavia.

Domestic cases relating to housing rights from six countries are also included under National Jurisprudence. This case law database will be regularly updated and COHRE would welcome receiving information about housing rights case law not included here or housing case law in your country.

COHRE welcomes any new information on case law that you provide for this website. Please send any cases to litigation@cohre.org


For more information about COHRE's Litigation Program, click here.



See below for selected examples of Submissions made to various legal proceedings.
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Select Submissions in Legal Proceedings
Brief submitted to the Magistrates Court in Jerusalem in defense of Rabbis for Human Rights, members of which faced criminal charges for attempting to halt unlawful demolitions of Palestinian homes

pdf download pdf [en]  

Communication to the African Commission on Human and Peoples Rights in the Darfur,Sudan case.

This Communication addresses the forced evictions and accompanying human rights violations in the Darfur region of Sudan. With the Communication, the COHRE ESC Rights Litigation Programe seeks remedies for the surviving victims of these human rights violations as well as to contribute to the international effort to halt such violations.

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COHRE World Bank Inspection Panel Request for Inspection - Ghana
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Petition to the Inter-American Commission on Human Rights in the Chixoy Dam case.

This Petition addresses the brutal forced eviction of the Rio Negro community in Guatemala as well as the current housing conditions in which the survivors of this community presently live.

pdf download pdf [en]  pdf download pdf [es]  

Amicus Curiae submission in CELS & CEJIl v Argentina, Inter-American Commission on Human Rights

Brief submitted to Inter-American Commission on Human Rights in relation to forced evictions by local authorities in Barrio Ejército de los Andes, Provincia de Bueno Aires, Argentina.

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Amicus Curiae submission in Justiça Global, et al. v. Government of Brazil, Inter-American Commission on Human Rights.

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Amicus Curiae submission in Grupo Interdiciplinario por los Derechos Humanos v. Colombia

Brief submitted to Inter-American Commission on Human Rights in relation to destruction of housing by paramilitary groups in Ituango and El Aro, Colombia.

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Amicus Curiae submission in Dilcia Yean and Violeta Bosica v. Dominican Republic, Inter-American Court of Human Rights

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Legal Advice - a selection
Legal Advice to Community Law Centre, South Africa, April 2002.
The legal advice analyses the German Constitutional Court's treatment of positive obligations and human rights. The Centre intervened in the TAC v South Africa case on the provision of HIV/AIDS medicines.

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