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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