E/CN.4/Sub.2/2005/17
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4.3
States shall ensure that housing, land and property restitution programmes, policies and
practices do not disadvantage women and girls. States should adopt positive measures to ensure
gender equality in this regard.
5. The right to be protected from displacement
5.1
Everyone has the right to be protected against being arbitrarily displaced from his or her
home, land or place of habitual residence.
5.2
States should incorporate protections against displacement into domestic legislation,
consistent with international human rights and humanitarian law and related standards, and
should extend these protections to everyone within their legal jurisdiction or effective control.
5.3
States shall prohibit forced eviction, demolition of houses and destruction of agricultural
areas and the arbitrary confiscation or expropriation of land as a punitive measure or as a means
or method of war.
5.4
States shall take steps to ensure that no one is subjected to displacement by either State or
non-State actors. States shall also ensure that individuals, corporations, and other entities within
their legal jurisdiction or effective control refrain from carrying out or otherwise participating in
displacement.
6. The right to privacy and respect for the home
6.1
Everyone has the right to be protected against arbitrary or unlawful interference with his
or her privacy and his or her home.
6.2
States shall ensure that everyone is provided with safeguards of due process against
arbitrary or unlawful interference with his or her privacy and his or her home.
7. The right to peaceful enjoyment of possessions
7.1
Everyone has the right to the peaceful enjoyment of his or her possessions.
7.2
States shall only subordinate the use and enjoyment of possessions in the public interest
and subject to the conditions provided for by law and by the general principles of international
law. Whenever possible, the “interest of society” should be read restrictively, so as to mean only
a temporary or limited interference with the right to peaceful enjoyment of possessions.
8. The right to adequate housing
8.1
Everyone has the right to adequate housing.
8.2
States should adopt positive measures aimed at alleviating the situation of refugees and
displaced persons living in inadequate housing.