A/HRC/37/53 disaggregated based on group characteristics and be fully inclusive of people on the move as well as those who are homeless or living in informal settlements. 106. Reviews of housing strategies conducted by affected communities, civil society organizations, the media and human rights organizations should also be considered in assessing progress and addressing concerns. In practice 107. In Spain, the Ombudsman has the authority to make recommendations to public authorities and the legislator and may generate or propose modifications to legislation. The ombudsman analysed the causes of the mortgage crisis in Spain and its consequences for vulnerable groups and made extensive recommendations. 47 108. In Canada, the National Housing Strategy includes a provision for a federal housing advocate responsible for hearing the experiences of vulnerable groups regarding systemic barriers to adequate housing. 48 109. In Peru, the Ombudsman intervenes in situations that affect or restrict people’s access to housing. For example, it recommended that the metropolitan municipality of Lima adopt a relocation plan for the urban indigenous Shipibo-Conibo people of the Cantagallo community who were living in a dump. As a response, the Ministry of Housing, Construction and Sanitation announced the construction of housing units for the families, with an investment of 23 million soles. 49 H. Principle 8: ensuring access to justice 110. Rights-based strategies must include effective claiming mechanisms that guarantee access to remedies where a violation is found. Such mechanisms can play a vital role in ensuring that housing systems operate inclusively and effectively. They allow marginalized groups to identify unmet housing needs, draw attention to circumstances that have been neglected or ignored and identify laws, policies or programmes that deny access to adequate housing. They provide rights holders with the opportunity to identify appropriate remedies or solutions to their housing problems. 111. Rights-based housing strategies may rely on a variety of means to ensure access to justice.50 Courts may be relied upon to hear constitutional claims related to violations of the right to housing or enforce legislation governing housing strategies. Necessary legal assistance and other support must be available to guarantee access to courts and to ensure fair hearings. 112. While ultimate recourse to courts is important, other more accessible claiming mechanisms should also be included in housing strategies. Ombudsman offices, housing commissioners, human rights institutions, community housing councils or housing advocates may be given authority to consider complaints and to require responses by Governments and other relevant actors. 113. It is particularly important that claiming mechanisms be able hear systemic claims and hold all relevant actors accountable. They should be given broad jurisdiction to hear from civil society, engage multiple levels of government and to hold private actors accountable. 114. In the context of housing strategies, access to justice must be broadly conceived. States are held accountable for specific actions, such as forced evictions. They must also, however, be held accountable for violations resulting from failures to progressively realize 47 48 49 50 16 See www.defensordelpueblo.es/en/wp-content/uploads/sites/2/2015/06/Ndp_hipotecas_en.pdf. See “Canada’s National Housing Strategy” (Ottawa, 2017). Available from www.placetocallhome.ca/pdfs/Canada-National-Housing-Strategy.pdf. Submission of the Peru Ombudsman for the present report, p. 6. See Committee on Economic, Social and Cultural Rights general comment No. 9 (1998) on the domestic application of the Covenant, para. 9.

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents