A/HRC/43/43 16. Implementation measures: (a) States, including their judiciaries, must ensure that the right to adequate housing is recognized and enforceable as a fundamental human right through applicable constitutional and legislative provisions or through interpretations of interdependent rights such as the right to life. It should be integrated into policy and programme design and included in the training of lawyers and judges; 8 (b) The right to housing should be defined as the right to live in a home in peace, security and dignity, and include security of tenure, availability of services, affordability, habitability, accessibility, appropriate location and cultural adequacy; 9 (c) Courts should adopt interpretations of domestic law that are consistent with the right to housing when exercising judicial review and Governments should promote such interpretations, including in pleadings in court cases; 10 (d) The right to housing must be recognized and affirmed as indivisible and interdependent with other rights, including the rights to life, security of the person and equality, and these rights should be interpreted to the greatest extent possible in such a way as to facilitate the full protection of the right to housing. 11 Guideline No. 2. Take immediate steps to ensure the progressive realization of the right to adequate housing in compliance with the standard of reasonableness 17. Although violations of the right to housing, such as forced evictions, are often caused by State action, many of the most egregious violations derive from failures of States to take positive measures to address the unacceptable housing conditions in which so many people are compelled to live. 18. States have an obligation to take steps to the maximum of their available resources with a view to achieving progressively the full realization of the right to adequate housing, by all appropriate means, including particularly the adoption of legislative measures. 12 The Optional Protocol to the International Covenant on Economic, Social, and Cultural Rights clarifies that compliance with that obligation should be assessed based on the reasonableness of the steps taken.13 19. Implementation measures: (a) States must recognize the progressive realization of the right to housing as a legal obligation under domestic law, employing the reasonableness standard developed by the Committee on Economic, Social and Cultural Rights, which means that States have an obligation to fulfil the right to housing for all as swiftly and efficiently as possible;14 (b) Measures taken must be deliberate, concrete and targeted towards the fulfilment of the right to housing within a reasonable time frame. States must allocate sufficient resources and prioritize the needs of disadvantaged and marginalized individuals or groups living in precarious housing conditions and ensure transparent and participatory decision-making;15 8 9 10 11 12 13 14 15 A/71/310, para. 73. Committee on Economic, Social and Cultural Rights, general comment No. 4, para. 8. Ibid., general comment No. 9 (1998) on the domestic application of the Covenant, paras. 14–15; E/C.12/1993/5, paras. 21–24. Committee on Economic, Social and Cultural Rights, general comment No. 9, para. 15. International Covenant on Economic, Social and Cultural Rights, art. 2 (1). Optional Protocol to the Covenant, art. 8.4. See also Ben Djazia and Bellili v. Spain, para. 15.1. Ben Djazia and Bellili v. Spain, para. 15.3. Committee on Economic, Social and Cultural Rights, general comments No. 3 (1990) on the nature of States parties’ obligations and No. 4. See also the Committee’s statement on an evaluation of the obligation to take steps to the “maximum of available resources” under an optional protocol to the Covenant (E/C.12/2007/1, para. 3) and Ben Djazia and Bellili v. Spain, paras. 15.3 and 21 (c). 5

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