A/HRC/34/51
recognized as a fundamental human right rather than as a commodity. The present report
takes up that challenge.
II. Human rights framework
11.
The right to adequate housing is, at its core, the right to a place to live in dignity and
security. It is interdependent with other human rights, particularly the right to equality and
non-discrimination and the right to life (see A/71/310). It is against those core human rights
values that the actions of States in relation to financial actors and housing systems are to be
assessed.
12.
International and domestic financial institutions and markets are created and
sustained by Governments and must be made accountable to States’ human rights
obligations. Millions of foreclosures, evictions and displacements and more than a billion
people living in grossly inadequate housing conditions and homelessness worldwide signal,
among other things, the failure of States and of the international community to manage the
interaction between financial actors and housing systems in accordance with the right to
adequate housing. The absence of any effective human rights monitoring or accountability
in that sphere also signals the underestimation on the part of Governments, international
and national human rights bodies, domestic courts, lawyers and advocates of the role that
domestic, regional and international human rights law could play as a framework for both
regulating financial actors and engaging financial systems in the realization of the right to
housing.
13.
States’ human rights obligations are commonly categorized on the basis of a
tripartite division of obligations to respect, protect and fulfil human rights. A State must
respect the right to housing by refraining from taking any action that would violate that
right, protect individuals and communities from violations of the right to housing by third
parties and fulfil the right to adequate housing to the maximum of its available resources,
with a view to achieving progressively its full realization by all appropriate means,
including particularly the adoption of legislative measures. 9 The obligation to fulfil the right
to housing includes adopting and implementing, in collaboration with stakeholders,
strategies for the realization of the right to housing that clarify the responsibilities and roles
of all levels of government, institutions and private actors, with goals, timelines,
accountability mechanisms, appropriate budgetary allocations and measures to ensure
access to justice.10
14.
The tripartite obligations of States in relation to the management of financial
markets and the regulation of private actors are often interpreted too narrowly. Under
international human rights law, States’ obligations in relation to private investment in
housing and the governance of financial markets extend well beyond a traditional
understanding of the duty to simply prevent private actors from actively violating rights.
The assumption, bolstered by neo-liberalism, that States should simply allow markets to
work according to their own rules, subject only to the requirement that private actors “do no
harm” and do not violate the rights of others, is simply not in accordance with the important
obligation to fulfil the right to adequate housing by all appropriate means, including
legislative measures.
15.
The State must regulate, direct and engage with private market and financial actors,
not simply to ensure that they do not explicitly violate rights, but also to ensure that the
9
10
See International Covenant on Economic, Social and Cultural Rights, art. 2 (1).
See Committee on Economic, Social and Cultural Rights, general comment No. 4 (1991) on the right
to adequate housing, paras. 11-15.
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