A/HRC/31/54 (c) Evictions should never render individuals homeless. The prohibition of evictions leading to homelessness is immediate, absolute and is not subject to available resources;41 (d) Eviction without full consultation with those affected is a clear violation of international human rights. The obligation to explore every alternative to eviction, never to evict into homelessness and to ensure that residents are adequately consulted about resettlement plans should be applied under domestic law to both private and public land or property owners.42 States must take all appropriate measures, to the maximum of available resources, to ensure that adequate alternative housing, resettlement or access to productive land, as the case may be, is available; (e) States have an immediate obligation to ensure that every decision or policy is consistent with the goal of the elimination of homelessness. Any decision that results in homelessness must be regarded as unacceptable and contrary to human rights. Policy and planning must apply the maximum of available resources, including unused or vacant lands and housing units, with a view to ensuring access to land and housing for marginalized groups; (f) States have a firm legal obligation to regulate and engage with non-State actors so as to ensure that all of their actions and policies are in accordance with the right to adequate housing and the prevention and amelioration of homelessness. Regulation of private actors should include requirements on developers and investors to address homelessness and work in partnership to provide affordable housing in all developments;43 (g) Access to effective remedies to homelessness must be ensured, including enforcement of obligations linked to the progressive realization of the right to housing and the elimination of homelessness.44 B. Access to justice 50. It is of critical importance that courts and international human rights bodies engage more actively with the need for access to justice and protection of human rights of those who are homeless. Access to effective remedies was the subject of the first case under the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights regarding foreclosure procedures in Spain, where an estimated 400,000 mortgage foreclosures took place between 2008 and 2012.45 The Committee clarified that ensuring effective judicial remedies for the right to adequate housing is an immediate obligation of States, since “there cannot be a right without a remedy to protect it”, and held that the State had violated the obligation to provide effective remedies in the context of foreclosure procedures. 41 42 43 44 45 See Committee on Economic, Social and Cultural Rights, general comment No. 7. See also S. Wilson, “Breaking the tie: evictions from private land, homelessness and a new normality”, South African Law Journal, volume 126, No. 2 (2009). See, for example, City of Johannesburg Metropolitan Municipality v. Blue Moonlight Properties 39 (Pty) Ltd and Another (CCT 37/11) [2011] ZACC 33 (1 December 2011). See Committee on Economic, Social and Cultural Rights, general comment No. 3 (1990) on the nature of States Parties’ obligations. See 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 communication No. 2/2014, I.D.G. v. Spain, Views adopted by the Committee on Economic, Social and Cultural Rights on 17 June 2015. In its response to the questionnaire, the organization Arrels Fundació estimates that, for every 100,000 persons, 71 are homeless in Spain. 13