A/HRC/28/62
hearings with all parties involved, the ruling carefully designated responsibility and a time
frame for carrying out the necessary rehabilitation work. The Court established a system of
monitoring and created a working group including the National Ombudsman and civil
society organizations, remaining seized with the case until the desired outcomes were
guaranteed for the thousands of people directly affected.
49.
The Constitutional Court of Colombia has also made important advances in that
area. In 2004, in a ground-breaking ruling on the economic, social and cultural rights of
internally displaced persons, the court ruled that there was an “unconstitutional state of
affairs” as a result of the internal conflict.46 The Court also held the deteriorating housing
conditions of internally displaced persons to be prima facie contrary to the Constitution.
The national Government was ordered to implement a number of measures, including a
housing plan that ensured local institutions provided equal benefits for displaced persons.47
In a follow-up ruling in 2006, the Court ordered relevant municipalities to organize a
working group to review the housing policies in each jurisdiction, and to develop plans and
programmes with direct participation of displaced persons, and with representatives of the
National Human Rights Institution. The Court remained seized of the case, receiving
trimestral reports from the different levels of government. 48
50.
In Cairo, the courts have recently enforced the right to adequate housing so as to
limit the power of the City Governor to seize land for “public benefit”.49 A coalition of civil
society organizations had some success in relying on the right to housing in article 67 of the
2012 Egyptian Constitution in both political action and litigation. In a recent case, the
organizations challenged a decree issued by the Governor of Cairo announcing a seizure of
land for development, and succeeded in securing a court order repealing the order of
evacuation.50
51.
In India, the right to adequate housing is not included as a fundamental right in the
Constitution, but courts have now recognized the right to housing as enforceable under the
right to life. In a 2010 case,51 initiated after the petitioners had been displaced from their
land and their houses demolished, the High Court of Delhi ordered that the Government of
Delhi relocate them to a suitable place and provide alternative land with ownership rights. 52
52.
In the United Kingdom of Great Britain and Northern Ireland, there are no
constitutional protections through which the right to housing can be claimed. However,
statutory provisions requiring local authorities to provide housing for those who are
homeless are enforceable in courts. In addition, the European Convention for the Protection
of Human Rights and Fundamental Freedoms is enforceable by domestic courts in the
United Kingdom. In R. v. Enfield London Borough Council, ex parte Bernard, for example,
when a woman with a disability was not provided with the accessible housing to which she
46
47
48
49
50
51
52
Constitutional Court of Colombia, decision T025/04. Available from
www.corteconstitucional.gov.co/relatoria/2004/t-025-04.htm.
Ibid.
Constitutional Court of Colombia, decision T-585/06. Available from
www.corteconstitucional.gov.co/relatoria/2006/t-585-06.htm.
Law No. 10/1990 on Expropriation of Ownership for the Public Interest.
“Administrative Court blocks attempt to seize Ramlet Bulaq”, Mada Masr, 28 August 2013.
Available from www.madamasr.com/news/administrative-court-blocks-attempt-seize-ramlet-bulaq.
Sudama Singh and Others v. Government of Delhi and Anr. Available from
www.hrln.org/hrln/Order%20Mukundi%20lal.pdf.
Housing and Land Rights Network, Reaffirming Justiciability: Judgements on the human right to
adequate housing from the High Court of Delhi (New Delhi, 2013). Available from www.hicsarp.org/documents/Reaffirming_Justiciability_Judgements_on_HRAH_from_High_Court_of_Delhi.
pdf.
15
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