A/HRC/37/53
is central to housing strategies, since they map out the means through which the right to
housing will be fulfilled.6
22.
Rights-based housing strategies should draw on the right to housing not only as a set
of legal standards, but also as a transformative vision and a call to action. This vision
motivates local and national governments, social movements and communities around the
world to act. Strategies must be “living documents” that evolve and respond as new
challenges arise, and new voices are heard.
In practice
23.
Different legal traditions and policy contexts allow for a range of articulations of the
right to housing. Many national constitutions now recognize it explicitly; others affirm
governments’ responsibility to adopt policies to promote or ensure access to housing.
Elsewhere, courts have adopted inclusive interpretations of other constitutional rights, such
as the right to life, to guarantee the right to housing. Some States rely primarily on
legislation to protect the right to housing.
24.
Strategies may rely on courts to play an important role in clarifying obligations
emanating from the right to housing. In India, after reviewing evidence of the effect of cold
weather on the health of homeless persons, the Supreme Court found a violation of the right
to life and ordered the construction of shelters. 7
25.
In Nigeria, affected communities have successfully argued that forced evictions
constitute a violation of the constitutional right to dignity. 8 The High Court in Abuja has
stated that the right to housing should not be construed narrowly to mean having a roof over
one’s head but should be viewed broadly as a right to live somewhere in relative peace,
security and dignity. It also indicated that governments have a responsibility to create
housing policies to enhance those values. 9
26.
The Constitution of Uruguay guarantees the right to a decent home, which is given
effect in a five-year housing plan for the period 2015–2019.10 The plan draws on the right to
the city and the comprehensive definition of adequate housing as contained in general
comment No. 4 which addresses, for example, issues of discrimination and socio-spatial
segregation.
27.
The Housing (Scotland) Act 1987 embraces the immediate obligation to address
homelessness by requiring local governments to provide housing to anyone who is
unintentionally homeless, including those facing domestic violence and overcrowded
accommodation.11
28.
In each of these country contexts, civil society has identified violations of the right
to housing and continues to advocate for its more effective implementation. This suggests
6
7
8
9
10
11
6
For more on respect, protect and fulfil see: International Commission of Jurists, Maastricht
Guidelines on Violations of Economic, Social and Cultural Rights (Maastricht, 26 January 1997).
Available from www.refworld.org/docid/48abd5730.html.
See People’s Union for Civil Liberties v. Union of India & Others, Supreme Court of India, Civil
Petition No. 196 (2001).
See Akakpo Agemo & Ors. v. Attorney General of Lagos State & Others, High Court of Lagos State
(26 January 2017). Available from
https://static1.squarespace.com/static/535d0435e4b0586b1fc64b54/t/58947fc686e6c0558d87e37e/14
86127074123/170126+Ruling+-+Akakpo+Agemo+%26+Ors+v+LASG+%26+Ors.pdf.
See Chief Jacob Obor & Others v. Federal Capital Development Authority & Others, High Court in
Abuja (2 February 2017).
www.fcthighcourt.gov.ng/download/main%20judgement/2017_judgements/1st_quarter/court_23_hon
._justice_a._i._kutigi/CHIEF-JACOB-OBOR-13-ORS-V.-F.C.D.A-3-ORS-TITLE-TO-LANDDEMOLITION.pdf.
Available from
www.anv.gub.uy/archivos/2016/02/PLAN_QUINQUENAL_DE_VIVIENDA_2015_2019.pdf.
See Fiona King, “Scotland: Delivering a Right to Housing”, in Journal of Law and Social Policy, vol.
24 (2015), p. 158.
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