9), to receive protection and assistance once displaced (art. 10-27), and to return to their homes (art. 28-30). In 2007, the Human Rights Council reaffirmed its view of “adequate housing as a component of the right to an adequate standard of living.”212 Finally, the parties to the American Declaration of the Rights and Duties of Man213 (art. IX) and the Charter of the Organization of American States214 (art. 34(k)) have committed themselves to guarantee the right to housing. Notion of Adequacy of Housing215 “Notwithstanding the type of tenure, all persons should possess a degree of security of Legal security of tenure which guarantees legal protection against forced eviction, harassment and other threats.” tenure “An adequate house must contain certain facilities essential for health, security, comfort and Availability of services, nutrition. All beneficiaries of the right to adequate housing should have sustainable access to natural and common resources, safe drinking water, energy for cooking, heating and materials, facilities and lighting, sanitation and washing facilities, means of food storage, refuse disposal, site drainage and emergency services.” infrastructure Affordability “Personal or household financial costs associated with housing should be at such a level that Habitability Accessibility Location Cultural adequacy the attainment and satisfaction of other basic needs are not threatened or compromised.” “Adequate housing must be habitable, in terms of providing the inhabitants with adequate space and protecting them from cold, damp, heat, rain, wind or other threats to health, structural hazards, and disease vectors. The physical safety of occupants must be guaranteed as well.” “Adequate housing must be accessible to those entitled to it. Disadvantaged groups must be accorded full and sustainable access to adequate housing resources.” “Adequate housing must be in a location which allows access to employment options, health-care services, schools, child-care centres and other social facilities. (…) Similarly, housing should not be built on polluted sites nor in immediate proximity to pollution sources that threaten the right to health of the inhabitants.” “The way housing is constructed, the building materials used and the policies supporting these must appropriately enable the expression of cultural identity and diversity of housing. Activities geared towards development or modernization in the housing sphere should ensure that the cultural dimensions of housing are not sacrificed, and that, inter alia, modern technological facilities, as appropriate are also ensured.” Forced evictions The CESCR has paid particular attention to the protection against forced evictions.216 Interpreting article 11 of the ICESCR, the CESCR has affirmed it its General Comment No. 4 that “instances of forced eviction are prima facie incompatible with the requirements of the Covenant”217. The same committee added in its General Comment No. 7: “while manifestly breaching the rights enshrined in the [ICESCR], the practice of forced evictions may also result in violations of civil and political rights”218. The CESCR defines forced eviction 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.”219 It has emphasized that forced evictions constitute a violation of the Covenant and may also breach “civil and political rights, such as the right to life, the right to security of the person, the right to noninterference with privacy, family and home and the right to the peaceful enjoyment of possessions.”220 In 1993, the Commission on Human Rights opined that the “practice of forced eviction 57