A/HRC/37/53
right to housing defines obligations of States both in the present and over time; it
commands a vision and a process through which the right to housing is realized. Human
rights are necessary to achieve the change that is necessary for goals such as those in the
2030 Agenda to be achieved.
IV. Key principles of a rights-based housing strategy
A.
Principle 1: based in law and legal standards
16.
The right to housing should be recognized within housing strategies as a legal right,
subject to effective remedies. Rights-based housing strategies should be based in legislation
that recognizes the right to adequate housing in all of its dimensions. In addition to relying
on constitutional or legislative recognition of the right to housing, strategies should
reference and adhere to the right to housing as it is guaranteed in international human rights
law.
17.
Strategies must map a process through which the right to housing will be fulfilled
within a reasonable time frame. Provisions are required to ensure not only entitlements in
the present (immediate obligations) but also action-oriented obligations over time
(progressive realization obligations).
18.
Strategies must eliminate homelessness. A State is seen to be in violation of
international human rights law if any significant portion of the population is deprived of
access to basic shelter or housing. Addressing homelessness is therefore an immediate
obligation. A State must make every effort to use all available resources to satisfy the
obligation to eliminate homelessness as a priority. 4
19.
Forced evictions constitute a gross violation of human rights. Preventing and halting
them must be considered an immediate and prioritized obligation. Only in the most
exceptional circumstances and after all alternatives have been explored can forced evictions
be carried out. In these circumstances, relevant principles of international law must be
strictly followed, including by ensuring that adequate alternative housing is chosen freely
by affected communities. The Basic principles and guidelines on development-based
evictions and displacement clarify these obligations.5
20.
The obligation to progressively realize the right to housing is found in article 2 (1) of
the International Covenant on Economic, Social and Cultural Rights. The Committee on
Economic, Social and Cultural Rights has stated in paragraph 14 of its general comment
No. 4 (1991) on the right to adequate housing that, for a State to meet this obligation, it
must demonstrate that, in aggregate, the measures being taken are sufficient to realize the
right for every individual in the shortest possible time in accordance with the maximum of
available resources. In rights-based housing strategies, States are obliged to ensure that
measures taken to implement the right to housing are deliberate, concrete and targeted
towards the fulfilment of the right; that policy options are consistent with the right; and that
the maximum available resources have been allocated to those ends. Housing strategies
should establish which obligations are achievable in the present and which can only be
implemented within a reasonable period of time. Differences in capacity between States
means that a future obligation in some might be an immediate obligation in others.
21.
Strategies must outline the obligations concerning the right to housing. These
include the obligations of States to respect (not to encroach), protect (prevent interference
by third parties) and fulfil (promote and facilitate access to and provide housing or
assistance where needed). Because the obligation to fulfil is assessed relative to available
resources and other factors, it is the most difficult to define in universal terms. However, it
4
5
See Committee on Economic, Social and Cultural Rights general comment No. 3 (1990) on the nature
of States parties’ obligations, para. 10.
See A/HRC/4/18, annex I.
5
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