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Cake day: June 6th, 2023

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  • This is the human rights community, so I’d be interested to hear what people think about, say, a third-world farmer using slash-and-burn agriculture to meet their basic needs.

    A simplification of the question, from a human rights perspective is 1) does a given activity cause injustice for the human rights of others? and 2) is the actor within their rights to perform said activity?

    Based on the little that I’ve read about slash-and-burn agriculture, it appears to be a sustainable choice for growing populations, but it is not sustainable for large populations. Also, that is apparently a fairly well understand farming technique, historically speaking. So it might be safe to say, that in this third-world, subsistence situation, the answer to 1) might be no and 2) might be yes.

    One of the Human Rights is the right to work, so yes, sometimes human rights-based approaches will align with profit motives as equally as it will with environmental motives. What a human rights-based approach does not allow for, however, is letting profit motives overpower environmental motives.














    1. The true reunification of the right to life and the right to adequate housing, however, can only be accomplished by a global response, led by States, including their legislatures and courts, by human rights institutions and by civil society.
    1. States must address issues of inadequate housing and homelessness and name them as core human rights issues linked to the right to life — in domestic law and policy and in international initiatives, including the 2030 Agenda for Sustainable Development and the New Urban Agenda. States must also conduct a thorough examination of legislation, court practice and public policies to ensure that the right to life is not restricted to a negative rights framework. States must formally recognize that the right to life includes the right to a place to live in dignity and security, free of violence, and ensure access to justice for all victims of violations of the right to life, including those linked to homelessness and inadequate housing. Governments must ensure the effective integration of housing policy and social protection with human rights frameworks, mechanisms and institutions, so that housing policy is properly framed around the implementation of core human rights obligations, and access to effective remedies is incorporated in programme design and implementation.

    Contents

    Page

    I. Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

    II. Unearthing the connections: life, security, dignity and housing . . . . . . . . . . . . . . . . . . . . . . . . . 6

    A. Homelessness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

    B. Informal settlements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

    C. Migration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

    D. Natural disasters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

    E. Post-conflict situations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

    F. Financial and housing crises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

    G. Domestic violence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

    H. Independent living and institutionalization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

    III. Human rights law: the right to life and the right to housing . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

    IV. Towards a more inclusive understanding of the right to life and the right to adequate housing 15

    A. Draft general comment No. 36 of the Human Rights Committee on the right to life . . . . 15

    B. Other treaty bodies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

    C. Regional jurisprudence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

    D. Domestic jurisprudence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

    V. The way forward: conclusions and strategic recommendations . . . . . . . . . . . . . . . . . . . . . . . . . . 22


  • I really don’t think that community service is an effective remediation. Maybe 20 years community service.

    FTA:

    The announcement is the first determination of its kind for any Israeli unit by the US government. State Department spokesman Vedant Patel said five security forces units committed gross violations of human rights.

    “Four of these units have effectively remediated these violations, which is what we expect partners to do,” he said.

    “For a remaining unit, we continue to be in consultations and engagements with the government of Israel; they have submitted additional information as it pertains to that unit,” he added. The department denies claims it backed down under political pressure by continuing military assistance to the unit despite being unable to say whether or not there had been any accountability in the case.

    “We are engaging with them in a process, and we will make an ultimate decision when it comes to that unit when that process is complete,” said Mr Patel.

    All the incidents are believed to have taken place in the occupied West Bank and Jerusalem in recent years.

    Under America’s “Leahy Law”, sponsored in 1997 by then-Senator Patrick Leahy, a finding that a foreign military unit committed gross violations of human rights means it can be cut from receiving US military assistance.

    The US government says it considers torture, extrajudicial killing, enforced disappearance and rape as such types of violations when implementing the Leahy law. Even when there is such a finding, there is an exception to cutting military assistance if the state department is satisfied the cases have been dealt with and justice pursued by the government involved.