A/HRC/37/53
V. Conclusions and recommendations
144. In the revision or development of housing strategies necessary to meet the
commitments contained in the New Urban Agenda and the 2030 Agenda, the Special
Rapporteur recommends that the following human rights-based strategy “checklist”
be used in conjunction with the specific measures identified above:
(a)
Is there legislation to give the housing strategy legal effect? Does it
recognize the primacy of the right to housing as a legal right subject to effective
remedies? Does it map a process for its realization, identifying both immediate and
progressive obligations consistent with maximum of available resources?
(b)
Does the strategy prioritize those most in need, ensure substantive
equality and respond to the particular circumstances of groups facing discrimination?
Are the effects of colonization addressed in a manner consistent with the United
Nations Declaration on the Rights of Indigenous Peoples?
(c)
Is the strategy comprehensive, including all dimensions of the right to
housing and addressing all relevant issues, policies, groups and regions? Does it
engage all levels and spheres of government?
(d)
Does the strategy ensure rights-based participation through specific
mechanisms? Is meaningful participation guaranteed in the design, implementation
and monitoring of the strategy, and is support provided for the participation of
marginalized groups?
(e)
Does the strategy ensure the allocation of maximum available resources?
Does it include measures to address inequalities and injustices in the tax system,
including tax avoidance, and does it ensure that taxation promotes the realization of
the right to housing?
(f)
Does the strategy include reasonable goals and timelines that are based
on human rights indicators and subject to rigorous monitoring and enforcement?
(g)
Does the strategy provide for an independent monitoring body with
jurisdiction to address systemic issues directly with Governments and in a variety of
forums?
(h)
Does the strategy ensure effective claiming mechanisms for the right to
housing through courts and other means, including where violations result from
failures to progressively realize the right to housing?
(i)
Does the strategy clarify the obligations of private actors and ensure
regulation of financial, housing and real estate markets, consistent with all aspects of
States’ obligations, including the obligation to fulfil the right to housing?
(j)
Does the strategy incorporate international cooperation and assistance
and engage international financial institutions so as to address global challenges to the
right to adequate housing?
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