Pinheiro Principle 21.2: restitution should be deemed factually impossible only in exceptional circumstances, namely when the housing, land or property is destroyed or no longer exists, as determined by an independent, impartial tribunal; even then the right holder should have the option to repair or rebuild whenever possible
Claim ID
CH4-PIN-212
Exact or summary claim
Pinheiro Principle 21.2: restitution should be deemed factually impossible only in exceptional circumstances, namely when the housing, land or property is destroyed or no longer exists, as determined by an independent, impartial tribunal; even then the right holder should have the option to repair or rebuild whenever possible
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 21.2 at pages 14 to 15; the chapter's quotations at line 69 match the instrument. CH4-008 covers 21.1's three gateways and states that 21.2 is not covered by it; this row covers it now that the chapter carries 21.2 (MIN-317 and MIN-337, closed at v25)
Known conflict
None on the text. The chapter states 21.2 as the narrowing of 21.1's first gateway, which is what the instrument does
Specialist
Issue 47, SPECIALIST_REVIEW, OPEN: the Principles' application to Syrian claims is a question, not settled advice
Downstream
Chapter 4 line 69; CH4-008's Known_conflict cell, which points to MIN-317 and MIN-337 and now to this row
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