A/HRC/37/53
the right to housing, such as failures to provide basic services to informal settlements within
a strategy’s designated time frame.
In practice
115. In France, the “DALO” law establishes amicable settlement procedures and
litigation options in the case of a violation. In one case, the Government was fined 12.9
million euros for failing to provide housing in compliance with the law.51
116. A number of cities have ombudsperson offices that provide complaints procedures
for violations of the right to housing. To complement its designation as a human rights city,
Seoul created a local committee on human rights and an ombudsperson office to which
local residents can take their complaints. 52
117. The South African Human Rights Commission has developed a complaints
procedure and has a mandate to conduct hearings. After receiving numerous complaints
related to the right to housing, the Commission held an investigative hearing into access to
housing, local governance and service delivery. The Commission named 10 governments
and public bodies as respondents. At its completion, the Commission determined that
dominant approaches to housing programming in South Africa were failing to progressively
realize the right to adequate housing. The Commission made wide-ranging
recommendations to all levels of government and called for “a shift in mind-set of how
State departments approach their housing obligations” in order to realize the right to
housing as a central component of the right to a dignified life. 53
I.
Principle 9: clarify the obligations of private actors and regulate
financial, housing and real estate markets
118. In most countries, the private sector plays a predominant role in the production and
provision of housing and related services. Housing strategies are therefore likely to be
ineffective if they ignore the significant role of private actors. Relevant private actors range
from small-scale landlords to real estate developers and construction companies to
multinational corporate landlords, and AirBnB and other short-term rental providers. They
also include banks and other financial institutions, international hedge funds and
multibillion dollar private equity firms.
119. Despite the fact that housing investment is the largest business sector globally, scant
attention has been paid to business and human rights in housing. Housing strategies should
include human rights education campaigns directed at investors and landlords or require
compulsory training of prospective landlords on their human rights obligations.
120. Housing strategies should meet all of the standards outlined in the Guiding
Principles on Business and Human Rights. Access to effective remedies and grievance
procedures as outlined in the Guiding Principles should provide a means for affected
communities to raise concerns about the effects of activities linked to gentrification, land
acquisition and speculation.
121. The Guiding Principles, however, do not provide a comprehensive architecture for
the regulation of businesses necessary for the realization of the right to housing. They are
largely limited to ensuring the obligations to respect and protect — while housing strategies
are centrally focused on States’ obligation to fulfil — the right to housing. Given the
51
52
53
See C. Lévy-Vroelant, “The Right to housing in France: Still a long way to go from intention to
implementation”, in Osgoode Hall Journal of Law and Social Policy, vol. 24 No. 5, p. 102. Available
from http://digitalcommons.osgoode.yorku.ca/cgi/viewcontent.cgi?article=1210&context=jlsp.
See OHCHR, “Implementing the Right to Adequate Housing: A Guide for Local Governments and
Civil Society” (Geneva), p. 8. Available from www.uclgcisdp.org/sites/default/files/GuideSubnationalReport_EN.pdf.
See South African Human Rights Commission “Investigative Hearing Report: Access to Housing,
Local Governance and Service Delivery”, (23–25 February 2015), pp. 19 and 100. Available from
www.sahrc.org.za/home/21/files/Access%20to%20Housing%202015.pdf.
17
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