A/HRC/34/51
rules under which they operate and their actions are consistent with the realization of the
right to adequate housing. States are obliged under international human rights to ensure that
private investors respond to the needs of residents for secure, affordable housing and do not
cater only to the wealthy or purchase homes simply to leave them empty.
16.
State compliance with the right to adequate housing must ultimately be assessed in
relation to the circumstances of rights-holders. A human rights framework for addressing
the financialization of housing must challenge the way in which accountability to the needs
of communities and the human rights obligations of Governments has been replaced with
accountability to markets and investors. Mechanisms must be established for rights-holders
to be fully heard and engaged in decisions that affect them. States must ensure that financial
institutions and investors are responsive to the needs of marginalized communities, behave
in a manner that is consistent with the full realization of the right to adequate housing and
provide complaints procedures and access to effective remedies. 11
17.
The Committee on Economic, Social and Cultural Rights has suggested that the
obligation to fulfil incorporates both an obligation to facilitate and an obligation to
provide.12 In the context of the critical relationship between housing and financial markets,
the articulation of a State’s fulfilment obligation to not only provide housing when needed
but also to facilitate the implementation of the right to housing is helpful in capturing the
wide range of States’ obligations to ensure that financial markets and the actions of private
investors work towards the realization of the right to adequate housing.
18.
In addition to the more obvious requirements, within the framework of human
rights, to ensure that housing developers exercise due diligence, comply with safety
standards and adopt policies of non-discrimination, for example, States may also be
required to ensure that investment in housing complies with a rights-based housing strategy
and with the target of ensuring adequate housing for all by 2030. Private actors may be
required to take particular steps to ensure access to credit for disadvantaged households and
to address the needs of residents of informal settlements, women, migrants and people with
disabilities. The obligation of States to facilitate the realization of the right to housing by
establishing a coherent strategy at both the national and international levels with clearly
allocated roles and responsibilities is central to the commitments made by States in the
2030 Agenda for Sustainable Development and the New Urban Agenda.
III. Human rights implications of the financialization of housing
A.
Historical origins of the financialization of housing
19.
The financialization of housing has its origins in neo-liberalism, the deregulation of
housing markets, and structural adjustment programmes imposed by financial institutions
and agreed to by States. It is also tied to the internationalization of trade and investment
agreements which, as discussed below, make States’ housing policies accountable to
investors rather than to human rights. The financialization of housing is also the result of
significant changes in the way credit was provided for housing and more specifically, of the
advent of “mortgage-backed securities”.
11
12
6
See Committee on Economic, Social and Cultural Rights, communication No. 2/2014, I.D.G. v.
Spain, Views adopted on 17 June 2015, and general comment No. 9 (1998) on the domestic
application of the Covenant. See also Balakrishnan, Heintz and Elson, Rethinking Economic Policy
for Social Justice, pp. 96-97.
See Committee on Economic, Social and Cultural Rights, general comments No. 12 (1999) on the
right to adequate food, para. 15, and No. 13 (1999) on the right to education, para. 46.
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