A/HRC/43/43
Guideline No. 16. Ensure access to justice for all aspects of the right to
housing
80.
The provision of legal remedies for the violation of the right to housing is a core
component of States’ obligation to ensure the realization of this right. 92 As stated by the
Committee on Economic, Social and Cultural Rights, many component elements of the
right to adequate housing are closely bound up with the provision of domestic legal
remedies to ensure the effective enjoyment of the right. 93 Yet courts and tribunals are often
experienced by those who are living in informal settlements or homelessness as places
where evictions are ordered or criminalizing sanctions imposed, rather than as venues
where the right to housing can be claimed. 94
81.
As noted by the Special Rapporteur in her report on access to justice, violations of
the right to housing are as much failures in the administration of justice to ensure
meaningful accountability and access to effective remedies as they are failures of housing
programmes.95
82.
States have an immediate obligation to ensure access to justice for those whose right
to housing has been violated, including through failures to adopt reasonable measures for
its progressive realization.96 In discharging their obligation, States should follow the 10 key
principles identified by the Special Rapporteur.97
83.
Implementation measures:
(a)
Access to justice for the right to housing should be ensured by all appropriate
means, through courts, administrative tribunals, human rights institutions and informal or
customary community-based justice systems. Hearings and other procedures should be
timely, accessible, procedurally fair, enable full participation of affected individuals and
groups and ensure effective remedies within a reasonable time frame. Where effective
remedies rely on administrative or quasi-judicial procedures, recourse to courts should also
be available;98
(b)
Access to justice should be ensured for all components and dimensions of the
right to housing that are guaranteed under international human rights law, covering not just
the right to a physical shelter, but to a home in which to live in security, peace and dignity;
not just protection from eviction or other State action, but also from State neglect and
inaction and failure to take reasonable measures to progressively realize the right to
housing. States should revoke legal provisions suggesting that the right to adequate housing
is not justiciable under domestic law and should desist from making this argument before
courts. Where the right to housing is not enshrined in national or constitutional law, access
to effective judicial remedies can and should be ensured by recognizing the
interdependence and indivisibility of the right to housing with other rights, such as the
rights to life, health and non-discrimination;
(c)
Individuals and organizations representing them should have access to legal
aid or other necessary assistance to enable them to participate in legal processes.
Institutions, equality promotion bodies and civil society organizations should have legal
standing to pursue claims to the right to housing on behalf of individuals and groups.
Remedies should address both individual and systemic violations of the right to housing;
(d)
States should ensure access to justice for violations of the right to housing by
transnational corporations, including by establishing parent company or group liability
92
93
94
95
96
97
98
Committee on Economic, Social and Cultural Rights, general comments No. 3, para. 5, and No. 4,
para. 17.
I.D.G. v. Spain, para. 11.1.
Ibid., para. 4.
A/HRC/40/61, para. 2.
Committee on Economic, Social and Cultural Rights, general comments No. 3 and No. 9 (1998) on
the domestic application of the Covenant. See also I.D.G. v. Spain, para. 11.3.
A/HRC/40/61.
Committee on Economic, Social and Cultural Rights, general comment No. 9.
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