What is forced evictions and the right to housing?

The practice of forced eviction — the involuntary removal of persons, families and groups from their homes and communities — exacerbates global problems of inadequate housing and homelessness. Forced evictions are human rights violations!

How is the right to housing protected in South Africa?

The right to housing is enshrined in section 26 of the Constitution, which states that: 1) Everyone has a right to have access to adequate housing. 2) The state must take reasonable legislative and other measures within its available resources to achieve the progressive realisation of this right.

What is illegal eviction in South Africa?

An eviction is illegal if there’s no valid court order provided to you by your landlord. The court order typically gives you 14-days notice before you have to leave your home. This means your landlord cannot simply throw you out on the same day they serve you with a flat eviction notice.

Is forceful eviction illegal?

United Nations Human Rights Commission Resolutions 1993/77 and 2004/28 affirmed that forced evictions violate human rights. In Resolution 1993/77, the UN Human Rights Commission stated that, “The practice of forced eviction constitutes a gross violation of human rights, in particular the right to adequate housing.”

What human rights are violated by eviction?

Forced evictions violate international human rights law, including the right to housing.

What is the right to access to housing?

The right of access to adequate housing is provided under section 26 of the Constitution, which in addition to requiring the State to take reasonable legislative and other measures within its available resources to achieve the progressive realisation of this right, also provides that no one may be evicted from their …

What is arbitrary eviction?

The law does not permit arbitrary evictions. This means that before you are evicted there must be a court order. A court must consider how the eviction will affect the people who will be evicted and evictions cannot be done without good reasons.

Why are there forced evictions?

Forced evictions intensify inequality, social conflict, segregation and invariably affect the poorest, most socially and economically vulnerable and marginalized sectors of society, especially women, children, minorities and indigenous peoples.