A/HRC/43/43 inadequate housing, and are often relegated to the most marginal and unsafe areas. 41 These groups often experience intersectional discrimination as a result of their housing status. 42 45. Discriminatory exclusion from housing greatly exacerbates and reinforces socioeconomic inequality for members of these groups, depriving them of access to employment or productive land and forcing them to pay higher costs for services. In many States, the ability to buy and own housing or land has become the dominant factor in perpetuating inequality. 46. While many States have adopted equality or non-discrimination legislation that applies to housing, generally the laws have yet to be applied effectively to address entrenched systemic discrimination in housing or to require significant reform in housing and land policies that exacerbate inequality. 47. The Committee on Economic, Social and Cultural Rights has emphasized that guarantees of equality and non-discrimination should be interpreted, to the greatest extent possible, in ways that facilitate the full protection of the right to adequate housing. 43 48. Implementation measures: (a) States must prohibit all forms of discrimination in housing by public or private actors and guarantee not only formal but also substantive equality, which requires taking positive measures to address housing disadvantages and ensure equal enjoyment of the right to housing;44 (b) The right to equality requires that housing and related social programmes be non-discriminatory in their effect. It also requires that such programmes be adequate to alleviate the effects of discrimination against marginalized groups and address their unique circumstances.45 Courts, tribunals and human rights bodies should provide both individual and programmatic remedies to discrimination, including measures to address the structural causes of inequality in housing; (c) The right to equality in housing should be rigorously applied to eliminate any adverse effect on disadvantaged groups. Development or redevelopment plans should include housing for disadvantaged groups and provide for the right of return if relocation is required and for meaningful engagement throughout the process; (d) States should incorporate into their laws, policies and administrative practices distinctive standards and approaches to equality that have been developed by and for particular groups. For example: (i) States must ensure children’s right to adequate housing, inter alia by applying the principle of the best interests of the child and, where appropriate, including children in relevant decision-making. Where a lack of housing threatens the ability of parents to remain with their children, appropriate housing and related support must be provided to avoid family separation. 46 Particular attention should also be given to young adults exiting child welfare institutions to ensure they have access to affordable and adequate housing and to prevent homelessness; (ii) States must ensure the right to housing of indigenous peoples in accordance with the United Nations Declaration on the Rights of Indigenous Peoples. This means guaranteeing the right of indigenous peoples to be actively involved in developing and determining housing and other social and economic programmes and, as far as possible, to administer such programmes through their own 41 42 43 44 45 46 A/70/270, para. 38. A/69/274, para. 46. E/C.12/2019/1, para. 9. Committee on Economic, Social and Cultural Rights, general comment No. 20, para. 37. Committee on the Elimination of Racial Discrimination, general recommendations No. 27 and No. 34. See, e.g., Convention on the Rights of the Child, art. 27, and Committee on the Rights of the Child, general comment No. 21. 11