A/HRC/34/51
homelessness, was a reasonable remedy in the case of mortgage or rent default or whether it
was consistent with State obligations to respect the right to adequate housing. It is hoped
that the issue will be subject to consideration and clarification by the Committee and other
human rights bodies in future cases. In the Special Rapporteur’s view, the all too common
practice of depriving people of their homes as a remedy for outstanding mortgage or rental
arrears should be subject to more rigorous human rights review than it has received to date
from domestic courts and international human rights bodies.
C.
Business and human rights
62.
Emerging norms for business and human rights and increased attention to corporate
social responsibility offer additional avenues through which to pursue enhanced
accountability and effective remedies for violations of human rights linked to the
financialization of housing.
63.
A leading framework for the human rights responsibilities of business enterprises is
the Guiding Principles on Business and Human Rights: Implementing the United Nations
“Protect, Respect and Remedy” Framework. It is grounded in three pillars: (a) the
obligation of States to protect against human rights abuses committed by companies; (b) the
responsibility of business enterprises to respect human rights, and thus avoid causing or
contributing to adverse human rights impacts; and (c) the obligation of States to provide
victims with access to effective remedies when rights are breached. A similar framework is
applied in the ten principles of the United Nations Global Compact, the first two of which
commit businesses to support and respect the protection of internationally proclaimed
human rights and to refrain from complicity in human rights abuses.73 The Principles for
Responsible Investment, launched in 2006 by the United Nations Environment Programme
Finance Initiative and the Global Compact, provide a voluntary framework for the
incorporation of environmental, social and governance issues into decision-making and
ownership practices. Over 1,200 investment institutions have become signatories, with
approximately US$ 45 trillion assets under management. 74
64.
Despite the growing attention to the importance of business and human rights and
despite the fact that housing represents the largest global business sector, very little
attention has been paid to the obligations of business enterprises and financial corporations
operating in the real estate and housing sector with respect to the right to adequate housing.
The “Practical guide to ESG integration for equity investing”, for example, makes no
reference to human rights in relation to investments in housing and other real estate. The
International Organization of Securities Commissions, whose members regulate more than
95 per cent of the world’s capital markets, has not addressed the central role that human
rights in general and the right to housing in particular should play in the regulation of
capital markets.75
65.
Decisions made by global financial corporations, institutions and private equity
firms regarding access to credit, foreclosures and development priorities have a direct
impact on homelessness, displacement and access to affordable housing. The adoption of
progressive policies with respect to corporate social responsibility by investors in housing
73
74
75
18
See www.unglobalcompact.org/what-is-gc/mission/principles/principle-1.
See www.unglobalcompact.org/take-action/action/responsible-investment.
See Tajinder Singh, Deputy Secretary General of the International Organization of Securities
Commission, “IOSCO initiatives and the challenges going forward”, remarks to the Annual General
Meeting and Conference of the International Council of Securities Associations, Stockholm, 23 May
2016. Available from www.iosco.org/library/speeches/pdf/20160523-Tajinder-Singh.pdf.
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