The right to housing and property restitution

Section II. The Right to Housing and Property Restitution

The right to restitution exists as a distinct right, and is prejudiced neither by the actual return nor non return of refugees and displaced persons entitled to housing, land and property restitution.

13.6 States should ensure that users of housing, land and or property, including tenants, have the right to participate in the restitution claims process, including through the filing of collective restitution claims.

22.6 International peace operations, depending on the mission context, should be requested to support the protection of the right to housing, land and property restitution, including through the enforcement of restitution decisions and judgements.

4.1 States shall ensure the equal right of men and women, and the equal right of boys and girls, to housing, land and property restitution.

22.1 The international community should promote and protect the right to housing, land and property restitution, as well as the right to voluntary return in safety and dignity.

Restitution

21.1 All refugees and displaced persons have the right to full and effective compensation as an integral component of the restitution process.

(a) Restitution

2.2 States shall demonstrably prioritize the right to restitution as the preferred remedy for displacement and as a key element of restorative justice.

Affirms that all refugees and displaced persons have the right to full and effective compensation as an integral component of the restitution process

(u) Victim restitution.

Post conflict restitution

The nomads were ordered to pay restitution.

Accessibility of restitution claims procedures

States should develop a legal framework for protecting the right to housing, land and property restitution which is clear, consistent and, where necessary, consolidated in a single law.

18.1 States should ensure that the right of refugees and displaced persons to housing, land and property restitution is recognized as an essential component of the rule of law.

Enforcement of restitution decisions and judgements

States should ensure the right to housing, land and property restitution through all necessary legislative means, including through the adoption, amendment, reform, or repeal of relevant laws, regulations and or practices.

Refugees and displaced persons should be able to effectively pursue durable solutions to displacement other than return, if they so wish, without prejudicing their right to the restitution of their housing, land and property.

All citizens have the right to present petitions, complaints and claims before competent authorities to demand the restitution of their rights when these have been violated or in defense of the general interest.

61 52. Return or restitution of cultural property to the countries of origin

58 17. Return or restitution of cultural property to the countries of origin

56 97. Return or restitution of cultural property to the countries of origin

Housing and property restitution for refugees and displaced persons

Housing and property restitution for refugees and displaced persons

Housing and property restitution for refugees and displaced persons

According to the author, this judgement established a right to restitution which could be exercised by those who did not have permanent residence in the country and met the citizenship condition in the new time period.

19.3 States should ensure that all national policies related to the right to housing, land and property restitution fully guarantee the rights of women and girls to be protected from discrimination and to equality in both law and practice.

A State responsible for an internationally wrongful act is under an obligation to make restitution, that is, to re establish the situation which existed before the wrongful act was committed, provided and to the extent that restitution

But if it is stolen from him, he shall make restitution to its owner.

Housing and property restitution for refugees and displaced persons 10

Housing and property restitution for refugees and displaced persons 39

Subject matter Non restitution of confiscated property based on citizenship

2005 Housing and property restitution for refugees and displaced persons

I am especially thinking of the right of victims to participate in all stages of the trials of the International Criminal Court in order to express their views and to present their requests for restitution, compensation, rehabilitation and redress.

Property restitution issues are an additional common obstacle to successful return of refugees and IDPs.

Principles on housing and property restitution for refugees and displaced persons

Principles on Housing and Property Restitution for Refugees and Displaced Persons

States should not establish any preconditions for filing a restitution claim.

4.2 States should ensure that housing, land and property restitution programmes, policies and practices recognize the joint ownership rights of both male and female heads of the household as an explicit component of the restitution process, and that restitution programmes, policies and practices reflect a gender sensitive approach.

13.9 States should establish a clear time period for filing restitution claims.

In such cases, administrative and judicial authorities may independently establish the facts related to undocumented restitution claims.

States shall, in order to comply with the principle of restorative justice, ensure that the remedy of compensation is only used when the remedy of restitution is not factually possible, or when the injured party knowingly and voluntarily accepts compensation in lieu of restitution, or when the terms of a negotiated peace settlement provide for a combination of restitution and compensation.