The Perspective Of International Human Rights Law Forced To Evacuate

Human rights originate from the live and inherent dignity of human being, and allthe specific human rights are the declaration of the man’s dignity. Human rights is auniversal rights which mean that, in the international human rights law, they are theminimum standards can be acknowledged by customary international law andagreement international law and can be borne or tolerated by the internationalcommunity. However, subject to the limit of the human being’s cognitive ability, there isa huge gap between the human rights which acknowledged by human being and thehuman rights which it should be. It determines that human rights are open and dynamicconcept in international human rights law. However, at the same time, we can’tunderstand human rights by a too wide way. On the contrary, we must make a cleardefinition about it. Only in the way can we protect it effectively.Forced eviction takes a gross violation of human rights, in particular the right toadequate housing. The international community cannot permit it anymore. So there are alot of general comments, suggestions, resolutions and minutes of meeting ininternational law documents issued by the united nations human rights organizationsand some folk organizations to discuss the theory of law of the term of Internationalhuman rights law to ensure that forced eviction is not permitted by international humanrights law. This paper is based on the interpretation and discussion of these internationalhuman rights documents to study the forced eviction in the context of internationalhuman rights law.This paper consists of three parts and the conclusion. As follows.The first part is an overview of forced eviction. In this part, the paper mainlydiscuss what is forced eviction，the difference between forced eviction and similarconcept of human rights，and the characteristics of forced eviction, the causes of forced eviction, the human rights violations of forced eviction, and the theoretical basis of theprohibition of forced eviction, such as rule of law and human rights.The second part to discuss the international human rights law basis of theprohibition of forced eviction. It mainly contains the international human rights lawsources of the prohibition of forced eviction and the relation between forced evictionand states which includes the international human right law basis of state obligation,and the state obligation.The third part summarized and generalized the international standards of theprohibition of forced eviction from the follow three international human rightsdocuments. The ‘United Nations Committee on Economic, Social and Cultural Rights,General Comment No.7on the right to adequate housing: forced eviction’, and ‘ThePractice of Forced Evictions, Comprehensive Human Rights Guidelines onDevelopment-Based Displacement’, and the ‘Basic Principles and Guidelines onDevelopment-Based Evictions and Displacement’.The conclusion part is the summarize of above three parts. It points out thedefection of international human rights law to protect people from forced eviction, andputs forward the corresponding improvement suggestions.