A/HRC/28/62
(e)
Any processes of decentralization in relation to housing should be guided
and informed by human rights, in particular the right to adequate housing. Transfers
of responsibility for housing or other programmes from one level of government to
another should be accompanied by a clarification of concomitant human rights
obligations including requirements of monitoring and accountability.
(f)
International financial institutions and United Nations agencies and
entities should ensure that the right to adequate housing is incorporated into
decentralization processes and housing related initiatives and activities. UN-Habitat
and other relevant international agencies should emphasize the right to adequate
housing in their promotion of the roles of local and other subnational governments,
including in ongoing endeavours related to the post-2015 development agenda and the
upcoming discussions on Habitat III.
(g)
States must ensure that local and subnational governments have
adequate financial and other resources for the discharge of their responsibilities, with
capacity to respond to changing housing needs at the local level, particularly of
marginalized and disadvantaged groups.
(h)
States should ensure that the right to adequate housing and related
rights are protected in law and applicable to the local and subnational governments.
States should guarantee access to justice and effective remedies for violations of the
right to adequate housing at the local as well as the national level.
(i)
States should provide training for all local and subnational authorities
about their obligations to ensure the right to adequate housing, non-discrimination
and related human rights in all decisions, policies, plans and programmes. Judicial
review of administrative decisions and policies should require consistency with the
right to adequate housing and other human rights.
(j)
States should be encouraged to establish local and subnational human
rights institutions to complement national human rights institutions. Human rights
institutions should ensure effective monitoring and protection of the right to adequate
housing and access to effective remedies in case of violations at the local and
subnational levels.
(k)
Local and other subnational levels of government should apply and
articulate the principle of subsidiarity in an inclusive manner, consistent with the
right to adequate housing and non-discrimination, so as to be fully responsive to the
rights of marginalized and disadvantaged groups in local communities and to
advocate for their interests nationally and internationally.
(l)
Local and other subnational levels of government should endeavour to
learn about and participate in international human rights mechanisms and to engage
with community-based organizations, local civil society and human rights institutions
for that purpose.
(m) Cities and municipalities should consider the adoption of charters with
explicit guarantees of the right to adequate housing in order to clarify, reinforce or
strengthen existing domestic and international human rights obligations. Municipal
charters of rights may incorporate communication and monitoring mechanisms
through which local challenges can be identified and addressed within a human rights
framework.
(n)
Civil society and community-based organizations should develop local
initiatives to monitor the implementation of the right to adequate housing and develop
locally-based human rights standards which are complementary to and compatible
with international standards.
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