A/HRC/31/54
to city peripheries and deprived of economic opportunities and social networks, a process
that has been labelled “socio-spatial stigmatization”.12
27.
Widespread and severe discrimination and stigmatization on the ground of
homelessness has rarely been addressed effectively by national human rights institutions or
subjected to effective judicial or administrative remedies, and only rarely recognized in
domestic legislation as a prohibited form of discrimination.
IV. Interconnected causes of homelessness
28.
Homelessness is caused by the interplay between individual circumstances and
broader systemic factors. A human rights response to homelessness addresses both. It
understands that homelessness may be linked to individual dynamics such as psychosocial
disabilities, unexpected job loss, addictions or complex choices to become street–
connected, and that a major cause of homelessness is the failure of governments to respond
to unique individual circumstances with compassion and respect for individual dignity. A
human rights approach must also, however, address the overarching structural and
institutional causes of homelessness — the cumulative effect of domestic policies,
programmes and legislation, as well as international financial and development agreements
that contribute to and create homelessness. In her consultations, the Special Rapporteur
found that inequality and the conditions that breed it are the most consistently identified
causes of homelessness.
29.
Rapid global urbanization has resulted in an astonishing accumulation of wealth for
a few, accompanied by increasing poverty for many. Reliance on private market housing
supply to respond to urbanization needs has meant that new housing supply has targeted
mostly the rich, creating inflated real estate values, speculation and significant deficits of
affordable housing. People who move to cities often have no choice but to live in informal
settlements where millions suffer, in varying degrees, from poor sanitation, lack of access
to clean water, overcrowding and makeshift structures. Instead of ensuring access for
people in need of housing, land regulations, planning and zoning have rendered informal
settlements “illegal”, favoured commercial development over housing and failed to respect
the social function of land as a public good. The legacy of colonialism in some countries
has embedded inequality in land and property.
30.
The precariousness of informality and the prevalence of development-based
evictions continue to be major structural causes of homelessness. Informal neighbourhoods
are wiped out and replaced with high-end tourist attractions, shopping malls or
entertainment districts. Land contamination and mismanagement compound these effects.
Evictions without adequate resettlement, as is common, invariably lead to homelessness. 13
31.
Worldwide, there is evidence of a consistent pattern: governments have abandoned
their critical role in ensuring social protection, including affordable housing, have cut or
privatized social benefits and have deferred to the private market, allowing private actors
and elites with access to power and money to control key areas of decision-making.14 As a
result, real estate and speculative capital have guided land use and urban development.
12
13
14
8
See Urban Policies and the Right to the City in India, United Nations Educational, Scientific and
Cultural Organization (New Delhi, 2011), pp. 63-75. Available from
http://unesdoc.unesco.org/images/0021/002146/214602e.pdf.
See, for example, the case of the Badia community in Lagos, Nigeria (case NGA 1/2015). An urgent
appeal by the Special Rapporteur will be made available at the thirty-first session of the Human
Rights Council.
Response to questionnaire from the Danish Institute for Human Rights.