A/HRC/7/16 page 7 7. Another protective measure advocated by the Special Rapporteur has been the need for immediate recognition of the right to adequate housing, in law and policy and through budgetary commitment. This recognition, consistent with international human rights obligations needs to be followed up by implementation of the right. As the Special Rapporteur has stated, such measures are necessary as a bulwark against the relentless march of economic and social transformation which does not always favour the most vulnerable, including in relation to housing. The acquiescence and at times direct complicity of States in allowing markets unfettered dominance over housing and property rights is one of the major factors which makes adequate housing inaccessible to low and middle income communities. II. MAIN OBSTACLES TO THE REALIZATION OF THE RIGHT TO ADEQUATE HOUSING 8. During his term, the Special Rapporteur has observed a number of obstacles to the realization of adequate housing which he wishes to briefly comment on before presenting recommendations at the end of this report.6 A. Lack of legislation and implementation of the right to adequate housing 9. During his missions and contacts with official representatives, the Special Rapporteur has observed that a great many States do not have constitutional and legal provisions and policies on the right to adequate housing. In many cases, Governments have not made the necessary efforts to translate such international obligations into national legislation. In spite of the growing evidence from international and regional human rights bodies confirming the justiciability of the right to adequate housing, national legislative and policy frameworks and Court decisions in the majority of national jurisdictions, do not encompass the human rights aspects of adequate housing. The prevalent tendency is to view housing, land and property as marketable commodities rather than as human rights that call for the protection, first and foremost, of vulnerable communities, and for housing to be treated as a social good. 10. The Special Rapporteur has consistently supported the adoption of the proposed Optional Protocol to the Covenant on Economic, Social and Cultural Rights, which would further clarify the justiciability of the right to adequate housing. B. Homelessness 11. In his 2005 annual report,7 the Special Rapporteur identified homelessness as one of the most visible and severe symptoms of the lack of respect for the right to adequate housing. 6 See, inter alia, E/CN.4/2006/41, para. 29 and E/CN.4/2001/51, paras. 56-86. See also: The Chronicle interview: Miloon Kothari, UN Chronicle, vol. XLIII, No. 1 (2006) and Miloon Kothari, “The right to adequate housing is a human right”, UN Chronicle, vol. XXXVIII, No. 1 (2001). 7 E/CN.4/2005/48.