A/HRC/43/45
decades of debt repayment for debtors.57 It has been reported that the most vulnerable groups
struggle to pay their debts, and those attending technical and private university were
specifically affected.58
D.
Housing and utilities debt
49.
Housing financialization, predatory lending and unpayable household mortgage debt,
at the root of the 2008 financial crisis, illustrate the links between household debt and the
deregulation of financial markets, to the detriment of people, with devastating consequences
in terms of thousands of foreclosures, widespread cases of eviction, displacement and
homelessness, across countries in the North and increasingly also in the global South. In
2012, the Special Rapporteur on adequate housing as a component of the right to an adequate
standard of living and on the right to non-discrimination in this context raised the alarm about
predatory lending practices targeting the poor and more marginalized, forcing them into a
debt trap as the sole alternative to have access to housing, with States in some cases
facilitating the process or in others ignoring the risks to people and the economy at large (see
A/67/286).
50.
In 2017, the Special Rapporteur on housing also noted that the financialization of
housing was linked to expanded credit and debt taken on by individual households made
vulnerable to predatory lending practices and the volatility of markets, the result of which
was unprecedented housing “precarity”. She summarized: “Not only had people lost their
homes but they faced personal financial ruin”.59
51.
Since housing is the entry point to the exercise of numerous human rights, such as
education, work or health, people often place expenditure on rentals, mortgages or utilities at
the top of their family priorities, often to their peril. This directly contradicts the authoritative
interpretation of affordability for the right to housing made by the Committee on Economic,
Social and Cultural Rights in its general comment No. 4 (1992), in which it clarified that
personal or household financial costs associated with housing should be at such a level that
the attainment and satisfaction of other basic needs are not threatened or compromised. The
Committee added that States parties should establish housing subsidies for those unable to
obtain affordable housing, as well as forms and levels of housing finance, which adequately
reflect housing needs. It is essential to note that discrimination on various bases, such as
sexual orientation, by public and private landlords as well as credit providers has an important
impact, with, for example, leases and mortgages applications being denied to members of the
LGBTI community as a result.60
52.
Mortgages taken on in a foreign currency, sometimes to the detriment of the debtors
or of refinancing “opportunities”, for those already struggling to secure payments – both of
which are often aggressively promoted by lenders – are also of specific concern.61 Changes
in the housing market can have dire consequences for debtors. In Norway, the expansion of
the housing market played a role in household indebtedness between 1997 and 2017. 62
Furthermore, the role of vulture funds acquiring lenders’ debts and sometimes debtors’
homes in addition to enjoying advantageous tax conditions should not be left out of the right
to adequate housing equation.63
53.
In 20 years, 20 million people have moved to the peri-urban areas in Mexico, to areas
without a sufficient water supply or infrastructure provided to the poor, while the construction
57
58
59
60
61
62
63
12
Submission by the Committee for the Abolition of Third World Debt.
See Macarena Segovia, “Las cifras negras del CAE: 40% de los estudiantes desertores o egresados se
encuentran morosos”, El Mostrador, 28 May 2018.
A/HRC/34/51, paras. 5 and 21.
Committee on Economic, Social and Cultural Rights, general comment No. 20 (2009) on nondiscrimination in economic, social and cultural rights, para.11. See also A/74/18, para. 14 and
A/HRC/29/23, para. 69.
See submissions by the Open Society Justice Initiative et al. Romania and Ireland.
Economist Intelligence Unit, “Household debt poses risk to private consumption”, 30 July 2019.
Submission by the Open Society Justice Initiative et al.
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