A/HRC/28/62
local elites do not undermine democratic accountability; and if corruption is
addressed.
72.
A human rights approach to local governance and subsidiarity does not require
that all authority rest with local governments. Rather, it requires a recognition that
local governments are at a critical point of intersection between rights holders and
complex systems of multi-level governance. That makes them central actors in the
realization of the right to adequate housing within diverse domestic systems. Local
governments are in a position to bring forward the experiences of marginalized
groups and others whose rights have not been ensured and to find solutions. They
serve as the main contact point with community-based initiatives for housing
production and upgrades, linking them with broader regional, national or
international financing, development and human rights initiatives.
73.
The responsibilities of different levels of government are not self-standing.
They rarely fall into watertight categories and usually involve collaboration among
different levels of government, in addition to other public or private actors.
Responsibilities are governed by agreements or joint initiatives among different levels
of governments as well as by relationships with community-based organizations and
civil society. Where national or regional governments provide funding for housing and
related programmes, the realization of the right to adequate housing does not rely
solely on one or the other level of government, but on their relationship.
74.
Innovative initiatives offer new opportunities to connect international human
rights norms with local housing struggles and vice versa, and are resulting in the
development of new and constructive relationships between local levels of
governments, community groups and rights holders.
75.
It remains imperative to promote and continue to develop international norms
that are appropriate to subnational levels of government. The reasonableness
standard and the innovative approaches to structural remedies that have emerged
from domestic courts offer other jurisdictions a useful framework for engaging the
obligations of local and other subnational governments to progressively realize the
right to adequate housing without discrimination.
76.
In line with the above-mentioned conclusions, the Special Rapporteur wishes to
offer the following recommendations:
(a)
States should encourage local and subnational level governments to
actively participate in all relevant international human rights mechanisms, including
treaty body review and complaint procedures, the universal periodic review and
special procedures.
(b)
When addressing issues related to the right to adequate housing,
international human rights mechanisms should give further attention to how different
levels of government are bound by international human rights law and reference
concerns and recommendations accordingly.
(c)
Recommendations emanating from international human rights
mechanisms should be communicated to local and subnational governments with
requests for responses and follow-up action and disseminated to local communities in
accessible form.
(d)
The responsibilities of all levels of governments should be clearly
delineated and jointly coordinated with ongoing independent review and oversight in
order to ensure that jurisdictional overlap does not deny those in need access to
necessary services or housing. Assistance should be provided to those in need in order
to ensure coordinated government responses.
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