COHRE Women and Housing Rights Fact Sheet No.3 Women and Forced Evictions

Under international human rights law, the practice of forced evictions constitutes “a gross violation of human rights, in particular the right to adequate housing" The human cost and trauma of forced eviction on individuals, families and communities cannot be overemphasised. Forced eviction most often affects those who are already the most disadvantaged, including women Forced evictions represent one of the most widespread human rights and housing rights violations in the world today

Women and Housing Rights

WOMEN and FORCED EVICTIONS

Forced evictions represent a brutal violation of the right to adequate housing, and have particular ramifications for women. Forced evictions are defined as the permanent or temporary removal against their will, of individuals, families and/or communities from the homes and/or land which they occupy, without the provision of, and access to, appropriate forms of legal or other protection. The prohibition against forced evictions is a vital principle of the right to adequate housing.

A State’s duty to abstain from, and to shield its residents against, the practice of forced eviction stems from numerous international norms that safeguard housing rights. On a global scale, forced evictions aggravate the worldwide homelessness and housing crisis. Forced evictions include urban slum clearances, displacement during armed conflict and evictions during large-scale development projects.

But for women, not all forced evictions are large scale and often times they take place at the hands of family and community members. For example, women often suffer forced evictions as a result of gender-based bias. Women who are infected with the HIV/AIDS virus are especially susceptible to forced eviction. Women may also face forced eviction once they divorce their spouse, when they are widowed or because of domestic violence.

In all cases, however, forced evictions result in displacement, loss of homes, livelihood, property and belongings. They

also lead to loss of relationships and support systems, and very often result in physical and psychological injury for those evicted. Forced evictions are frequently connected to lack of security of tenure, an indispensable component of housing rights.

Women suffer disproportionately as a result of forced evictions. Through its previous research, COHRE has documented that women are most often the primary targets during forced evictions because evictions most often take place during the day, when women (often perceived to be less likely to resist) are at home. There is invariably an element of force or coercion involved during evictions, and the use of physical and psychological violence is common. In the midst of the violence and chaos which often accompany forced evictions, private actors and State security forces, including the police, often perpetrate acts of physical and sexual abuse and harassment against women and girls.

The impact of forced eviction on women is profound, and the devastation of forced evictions is felt globally. While forced evictions are a phenomenon which affect women as well as men, it is important to highlight the unique ways in which forced evictions combine with gender inequality to produce specific crises for women. As Miloon Kothari, the former UN Special Rapporteur on the Right to Adequate Housing has noted, “Women bear the brunt of forced evictions, especially when evictions are accompanied by violence.�

Indeed, the affects of forced evictions are very hard on women, as women are often charged with taking care of the children and family before, during and after an eviction takes place, and for providing a sense of stability at home.

The COHRE Women and Housing Rights Programme would like to thank Tess Moren for her assistance in the preparation of this fact-sheet

ness and thus increase the vulnerability of women and girls to sexual and physical abuse and exploitation. Where forced evictions adversely affect access to education, gender biases ensure that the school drop out rate is often disproportionately higher among girls than boys in the affected community.

The loss of support systems caused by forced eviction impacts women’s ability to care for children and other dependent family members, which also affects their ability to find work and attend to daily chores. In cases where a woman is the sole economic provider for her household, forced eviction can also result in utter destitution for herself and her children. Women may also suffer additional violence in the home in the context of strained living conditions and psychological impact of forced eviction on family members. Forced evictions also often result in homeless-

Forced evictions are prohibited under international human rights law. While women the world over continue to suffer tremendously due to forced evictions, in several cases theirs is also the strongest voice of resistance. Women everywhere have engaged in non-violent methods to resist evictions and they continue to do so with growing support and solidarity. In order to take effective action, women should know their housing rights and should be encouraged to advocate directly on behalf of themselves, their families and their communities. Lobbying of government officials, engaging in public demonstrations and strengthening domestic legal systems have all proven effective strategies to protect women from the devastation of forced eviction.