Pinheiro Principle 17.1: states should ensure secondary occupants are protected against arbitrary or unlawful forced eviction, and shall ensure that evictions deemed justifiable and unavoidable for restitution are carried out with due-process safeguards (genuine consultation, adequate and reasonable notice, legal remedies including redress)
Claim ID
CH4-PIN-171
Exact or summary claim
Pinheiro Principle 17.1: states should ensure secondary occupants are protected against arbitrary or unlawful forced eviction, and shall ensure that evictions deemed justifiable and unavoidable for restitution are carried out with due-process safeguards (genuine consultation, adequate and reasonable notice, legal remedies including redress)
Destination
Chapter 4 (04-title-land-legitimacy_v47.md, the Pinheiro section at lines 61 to 69)
Status
SUPPORTED
Source
SRC-154; endorsement SRC-157
Source type
Primary United Nations instrument, E/CN.4/Sub.2/2005/17, endorsed by Sub-Commission resolution 2005/21
Published
2005-06-28
Accessed
2026-09-16
Measure and scope
Opened 16 September 2026 at the same file, Principle 17.1 at page 13; the chapter's quotations at line 67 match the instrument, including the change of modal from should to shall that the chapter remarks on
Known conflict
None on the text. The chapter's line 207 records that Decree 66 Articles 43 to 45, Law 10's Article 44 clause and Law 23 Article 26 provide for the occupant (SRC-612); no sentence asserts that they meet 17.1
Specialist
Issue 47, SPECIALIST_REVIEW, OPEN: the Principles' application to Syrian claims is a question, not settled advice
Downstream
Chapter 4 lines 67 and 207. Opened on MIN-319
Action
Quote the Principle or paraphrase it with its own modal (may, should, shall); do not present it as binding law or as settled advice while issue 47 is open