A/HRC/43/43
(c)
Measures taken must be reasonable and proportionate in relation to the
interests at stake and the circumstances of rights holders;16
(d)
States must be able to demonstrate that they have utilized the maximum of
available resources and all appropriate means to uphold the rights of the person or group
concerned;
(e)
States must ensure that all relevant authorities and decision makers, including
the courts, are familiar with the reasonableness standard and are able to apply it to hold
public institutions accountable to the right to housing.
Guideline No. 3. Ensure meaningful participation in the design,
implementation and monitoring of housing policies and decisions
20.
The right to meaningful and effective participation is a core element of the right to
housing and critical to dignity, the exercise of agency, autonomy and self-determination.
21.
Those in need of housing or related social benefits should be treated as rights
holders and as experts in what is required for a dignified life, not recipients of charity. They
are entitled to participate actively, freely and meaningfully in the design and
implementation of programmes and policies affecting them. 17
22.
Housing programmes, however, tend to be developed and implemented through
inefficient top-down decision-making that reinforces patterns of social exclusion and
creates housing that is ill-suited to peoples’ needs, commonly in remote locations and often
left abandoned.
23.
Rights-based participation supported by all levels of government transforms
residents into active citizens and engaged community members, making housing
programmes more affordable and effective and creating vibrant, more sustainable
communities.
24.
Implementation measures:
(a)
The right to free and meaningful participation in housing policies must be
guaranteed in law and include the provision of necessary institutional and other supports;
(b)
Affected individuals must be able to influence the outcome of decisionmaking processes based on knowledge of their rights and have access to relevant
information and sufficient time to consult; socioeconomic, linguistic, literacy and other
barriers to participation must be addressed;18
(c)
Participation in the design, construction and administration of housing should
reflect the diversity of communities and ensure that the needs of all residents are
represented. Equal participation must be ensured for women, informal and homeless
residents, persons with disabilities and other groups experiencing discrimination or
marginalization;19
(d)
Indigenous peoples have the right to be actively involved in developing and
determining housing programmes that affect them. States must consult with indigenous
peoples to obtain their free, prior and informed consent before adopting or implementing
administrative and legislative measures that may affect them.20
16
17
18
19
20
6
See Ben Djazia and Bellili v. Spain, paras. 15.3 and 15.5.
Ibid. See also the Committee on the Rights of the Child’s general comment No. 21 (2017) on children
in street situations.
Committee on Economic, Social and Cultural Rights’ general comment No. 4, para. 12, and the basic
principles and guidelines on development-based evictions and displacement (A/HRC/4/18, annex I,
para. 39).
Committee on Economic, Social and Cultural Rights, general comment No. 21 (2009) on the right of
everyone to take part in cultural life, in particular paras. 16 ff.
Declaration on the Rights of Indigenous Peoples, in particular arts. 10, 19 and 23.
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