A/HRC/40/61
thing: those whose right to housing has been violated have not been recognized and
treated as equal members of the human family. As long as States deny access to justice
for the right to housing, they perpetuate a hierarchy of human rights, exposing the
discriminatory position that some rights (and thus some rights holders) matter more
than others.
72.
Access to justice is not about demanding a State-provided house. It is about
recognizing the inherent dignity of, and equal and inalienable rights for, those whose
right to housing has been violated. It is about providing a human rights space in which
the claim to a right to live in dignity and security is clearly heard, valued and
responded to.
73.
There is growing worldwide support for creating spaces where the right to
housing can be claimed. Social movements, city mayors, and an increasing number of
Governments, human rights institutions and courts are recommitting to the right to
housing and to empowering rights holders to claim their rights and hold all levels of
government, transnational corporations and other financial actors accountable.
74.
Access to justice for the right to housing can be provided in all States. It just
takes a commitment to do so. In States that have accorded constitutional recognition
of the right to housing, courts must breathe life into these provisions so that all
components of the right to housing can be claimed, adjudicated and ensured effective
remedies. Where States lack explicit constitutional recognition of the right to housing,
access to justice can be achieved through the recognition of its interdependence and
indivisibility with the right to life and other rights.
75.
A wide range of actors must abandon the marginalization of the right to
housing and its claimants from mainstream human rights practice. National human
rights institutions, judicial councils, legal communities and international human rights
organizations should be at the forefront of collaborative initiatives to ensure access to
justice for the right to housing. It is, however, ultimately the State’s responsibility to
provide all necessary supports and institutional mechanisms in this regard.
76.
Achieving access to justice for the right to housing remains a work in progress.
It is built from the ground up. It begins with individuals, groups and communities
recognizing their circumstances as a violation of the right to housing and articulating
a human rights claim. Claimants must be supported by their communities, legal
advocates, human rights organizations and others to advance the claim. They must be
provided a space in which the claim can be heard and adjudicated. And finally, they
must be assured of effective remedies, fully implemented.
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