r. Ensure that women enjoy equal rights to compensation for violation of
their housing rights as men. Single women and widows should be entitled
to their own adequate level of compensation;
Evictions
s. Ensure that evictions only occur in exceptional circumstances. Any
eviction must be (a) authorised by law; (b) carried out in accordance with
international human rights law; (c) undertaken solely in the public interest;
(d) reasonable and proportionate; (e) regulated so as to ensure full and
fair compensation and rehabilitation;
t. Ensure that evictions are not carried out in a manner that violates the
dignity and human rights to life and security of those affected;
u. Ensure that evictions do not result in individuals being rendered homeless
or vulnerable to the violation of other human rights. Alternative housing
should be situated as close as possible to the original place of residence;
v. Ensure that where planning and development processes include evictions
all those likely to be affected should be actively consulted;
w. The eviction process should include the following elements: (a)
appropriate individual notice to all potentially affected persons; (b)
effective dissemination by the authorities of relevant information in
advance; (c) a reasonable time period for public review of, comment on,
and/or objection to the proposed plan; (d) opportunities and efforts to
facilitate the provision of legal, technical and other advice to affected
persons about their rights and options; and (e) holding of public hearing(s)
that provide(s) affected persons and their advocates with opportunities to
challenge the eviction decision and/or to present alternative proposals and
to articulate their demands and development priorities. Prior to any
decision to initiate an eviction, authorities must demonstrate that the
eviction is unavoidable and consistent with international human rights
commitments protective of the general welfare;
x. Ensure that eviction notices allow and enable those subject to eviction to
conduct an inventory in order to assess the value of their properties,
investments and other material goods that may be damaged. Those
subject to eviction should also be given the opportunity to assess and
document non-monetary losses to be compensated;
y. Ensure the mandatory presence of governmental officials or their
representatives on site during evictions, especially where they involve a
large number of people. Neutral observers, including regional and
international observers, should be allowed access, upon request, to
ensure transparency and compliance with international human rights
principles during the carrying out of any eviction;
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