The Right to a Nationality and the Right to Adequate Housing
include landlords, landowners, property developers and corporations. 81 To
protect this right, the state must ensure that landlords do not discriminate against
particular groups and that private actors do not carry out forced evictions. Thirdparty evictions may be executed for a variety of reasons, including infrastructure
projects, urban renewal projects, large-scale agriculture projects, and
international events such as the Olympics or the World Cup. They may be done
individually by corporations or in tandem with the state, or performed by private
citizens. Additional obligations to protect include ensuring that when private
entities provide services such as water and sanitation, they are available to all, of
adequate quality, and are not subject to arbitrary withdrawal. 82 Furthermore, the
state should prevent discriminatory practices that affect certain groups’ access to,
and control over, housing, land and property, such as financial institutions’ equal
extension of housing finance to all. If infringements on the right to adequate
housing do occur, the state must prevent further violations and guarantee access
to legal remedies and redress for those affected. 83
States have failed to protect the right to adequate housing of stateless persons
across a variety of contexts, from violations by both individual and collective
actors. Individual landlords violate stateless persons’ right to adequate housing
when they deny rental applications initially or rescind rental agreements upon
discovery that they lack proof of a nationality. 84 In Slovenia, even after
successfully purchasing land or property, Roma have been prevented from
settling there by non-Roma neighbours. 85 In Turkey, the state has failed to
protect stateless persons from the destruction of key elements of adequate
housing by members of nearby communities, such as the demolition of drainage
systems. 86 In the case of the Roma, it can be challenging to disentangle
discrimination faced in accessing adequate housing due to their ethnicity or
statelessness, but regardless the state has obligations to protect this right for all
persons. In Nepal, patriarchal citizenship and land ownership systems deny
women the ability to pass their citizenship to their children, deny women equal
land ownership rights and deny those without nationality the right to own
property. 87 Due to unequal laws that fail to protect women from land seizures by
spouses and family, men in Nepal own 90% of the land and 94% of the country’s
properties. 88
The state has failed to protect stateless persons from violations of the right to
adequate housing not just from individuals such as landlords, neighbours and
family members, but also collective actors. Infrastructure projects funded by
81
82
83
84
85
86
87
88
Kucs, Sedlova and Pierhurovica (n 72) 103.
The Right to Adequate Housing (n 11) 33.
National Law Center on Homelessness & Poverty, Housing Rights for All: Promoting and
Defending Housing Rights in the United States (5th edn, National Law Center on
Homelessness & Poverty 2011) 34.
Ulaş Karan, Ignored and Unequal: Roma Access to the Right to Housing and Education in
Turkey (Report, Minority Rights Group International June 2017) 10.
Tatjana Perić, ‘Insufficient: Governmental Programmes for Roma in Slovenia’, European
Roma Rights Center (online, 15 August 2001) <http://www.errc.org/roma-rightsjournal/insufficient-governmental-programmes-for-roma-in-slovenia>.
Karan (n 84) 11.
Food and Agriculture Organization of the United Nations, ‘Gender and Land Rights
Database: Nepal’ Food and Agriculture Organization of the United Nations Country
Profiles
(Webpage)
<http://www.fao.org/gender-landrights-database/countryprofiles/countries-list/national-legal-framework/womens-property-and-use-rights-inpersonal-laws/en/?country_iso3=NPL>.
Katharina Borchardt, ‘Nepal: Women Demand Land Rights’ DW (online, 9 December 2009)
<https://www.dw.com/en/nepal-women-demand-property-rights/a-4464873>.
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