A/HRC/25/54
(i)
Adopt or revise legislation to recognize and protect multiple tenure
arrangements.
3.
Prioritizing in situ solutions
Tenure should be secured in situ unless there are exceptional circumstances that
justify eviction consistent with international human rights law. Regulations aimed at
protecting public health and safety and the environment or at mitigating risk for the
population should not be used as an excuse to undermine security of tenure. In situ
solutions should be found whenever it is possible to: (a) mitigate and manage risks
of disaster and threats to public health and safety; or (b) balance environmental
protection and security of tenure; except when inhabitants choose to exercise their
right to resettlement.
4.
Promoting the social function of property
Property has a vital social function including adequate housing of the urban poor.
States should balance property rights with the social function of property in
designing and implementing housing and other relevant policies. In particular,
States, including relevant authorities, should promote access to secure and welllocated housing for the urban poor through, inter alia, the following measures:
(a)
buildings;
Conduct citywide audits of vacant and underutilized land, housing and
(b)
Conduct assessments of spatial needs to house the urban poor,
including homeless persons, taking into account current and anticipated trends;
(c)
housing;
Allocate available public land for the provision of low-income
(d)
Adopt measures to combat speculation and underutilization of private
land, housing and buildings;
(e)
Adopt inclusive urban planning strategies and regulations;
(f)
Adopt measures to regulate and stimulate the low-income rental
market and collective forms of tenure; and
(g)
institutions.
5.
Adopt measures to regulate the housing finance market and financial
Combating discrimination on the basis of tenure
Non-discrimination on the basis of tenure status must be guaranteed and protected in
law, policy and practice. This guarantee must apply to all forms of tenure. Nondiscrimination on the basis of tenure status must be guaranteed in the context of,
inter alia:
(a)
Access to basic services and facilities;
(b)
Access to social security;
(c)
The collection and presentation of official data;
(d)
Land administration programmes;
(e)
Housing legislation and policies;
(f)
Urban planning;
(g)
Land acquisition and use for public purposes;
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