Kisumu County Capacity Strengthening Engagement on the Right to Land and Housing

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The Right To Land & Housing.

Kenya is a party to the International Covenant on Economic, Social and Cultural Rights (ICESCR), which obligates it to take steps to fulfill economic and social rights, among them the right to adequate housing. Article 40 of the Kenyan Constitution, guarantees the right to property ownership, while the right to housing is now guaranteed under the constitution. Section 43(1)(b) of the Constitution of Kenya provides that every person has the right to “accessible and adequate housing and a reasonable standard of sanitation”.

Article 60 ensures equitable access to land and security of land rights.

International human rights standards are unequivocal: forced evictions are illegal; they are never justified, even where people do not have a legally recognized right to the land or house that they occupy. Forced evictions constitute a grave violation of the right to housing and they can lead to violations of a number of other human rights such as the rights to life, food, water, health, education and work. Forced evictions also undermine the goals of sustainable
development.

 

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