FORCED EVICTION – UNIVERSAL INTERNATIONAL STANDARDS Cover Image

ПРИНУДНО ИСЕЉЕЊE – УНИВЕРЗАЛНИ МЕЂУНАРОДНИ СТАНДАРДИ
FORCED EVICTION – UNIVERSAL INTERNATIONAL STANDARDS

Author(s): Ivana Krstić
Subject(s): International Law, Human Rights and Humanitarian Law
Published by: Правни факултет Универзитета у Београду
Keywords: The right to housing; Forced eviction; UN committees; Legality; Proportionality;

Summary/Abstract: This paper explores universal international standards in the area of forced eviction. Тhe author presents the UN instruments that guarantee the right to housing, and the relevant practice of the UN committees. According to this practice, the authority which decides on the eviction must assess whether, in any particular case, the principle of legality and the principle of proportionality are met. While the legality means compliance with the law, proportionality implies respect for a number of procedural requirements, which are reflected in the timely notification of planned measures, holding of consultations with the population affected by the measure, the safeguard of an adequate legal remedy, compensation for damaged property and the provision of alternative accommodation. Also, the most vulnerable groups in society deserve a special care, meaning a careful planning and respect for their human rights.

  • Issue Year: 61/2013
  • Issue No: 2
  • Page Range: 92-109
  • Page Count: 18
  • Language: Serbian