A/HRC/31/54
migrant domestic workers have reported being forced to sleep in hallways, unprotected
living spaces or closets of the homes in which they work.34
47.
Persons with disabilities are particularly vulnerable to homelessness. In all parts of
the world, psychosocial disability can make it impossible for people to secure employment
and earn a living to pay for housing. 35 At the same time, many States do not ensure access
to the community-based support that people with disabilities need. In States where people
with perceived psychosocial disabilities are institutionalized, the support or housing
available upon their release are often inadequate.36 Where deinstitutionalization has been
implemented, States have failed to provide the necessary social support for housing in the
community.
VI. The human rights framework for addressing homelessness
and access to justice
A.
State obligations
48.
Homelessness lies at the extreme end of the spectrum of violations of the right to
adequate housing. As such, States should treat homelessness with the highest level of
urgency. Twenty-five years ago, the Committee on Economic, Social and Cultural Rights
stated that a State party to the International Covenant on Economic, Social and Cultural
Rights in which any significant number of individuals are deprived of basic shelter and
housing is, prima facie, failing to discharge its obligations under the Covenant.37 States are
required to demonstrate that every effort has been made to use all resources that are at their
disposition in an effort to satisfy, as a matter of priority, those minimum obligations.38
49.
State obligations in relation to homelessness have been clearly articulated and can be
summarized as follows:
(a)
States have an immediate obligation to adopt and implement strategies to
eliminate homelessness. These strategies must contain clear goals and timelines and must
set out the responsibilities of all levels of government and of other actors for the
implementation of specific, time-bound measures, in consultation with and with
participation by homeless people;39
(b)
States must combat discrimination, stigma and negative stereotyping of
homeless people as a matter of urgency and provide legal protection from discrimination
because of social and economic situation, which includes homelessness;40
34
35
36
37
38
39
40
12
Human Rights Watch, “Domestic plight: how Jordanian laws, officials, employers and recruiters fail
abused migrant domestic workers” (27 September 2011), available from
www.hrw.org/report/2011/09/27/domestic-plight/how-jordanian-laws-officials-employers-andrecruiters-fail-abused.
Response to questionnaire from the Ombudsman of Albania.
Response to the questionnaire from Human Rights Watch, United States.
See Committee on Economic, Social and Cultural Rights, general comment No. 3 (1990) on the
nature of States parties’ obligations, para. 10.
Ibid.
See Committee on Economic, Social and Cultural Rights, general comment No. 4 (1991) on the right
to adequate housing, para 12; concluding observations of the Committee on Economic, Social and
Cultural Rights on Canada (E/C.12/CAN/CO/4 and E/C.12/CAN/CO/5).
See Committee on Economic, Social and Cultural Rights, general comment No. 20 (2009) on nondiscrimination in economic, social and cultural rights, para. 35.