A/HRC/31/54
18 (1) on protection accorded to the family. 53 It considers that forced evictions leading to
homelessness are contrary to the Charter, and has urged all States to report on measures
taken to address homelessness and to appoint an independent national body to monitor State
compliance with the right to adequate housing.54
57.
Important advances have been made in domestic jurisdictions recognizing that
homelessness violates a range of human rights. The Grundgesetz (Basic Law) of Germany
has been interpreted to ensure that adequate and humane housing is a component of a
minimum standard of living in line with human dignity. 55
58.
The Supreme Court of India has affirmed that the right to life “includes the right to
live with human dignity and all that goes along with it, namely, the bare necessities of life,
such as adequate nutrition, clothing and shelter”.56 The High Court of New Delhi initiated a
case on its own motion to consider whether the demolition of a temporary homeless shelter
in preparation for the 2010 Commonwealth Games had violated the right to life. The loss of
the shelter resulted in the death of one former resident. The Court ordered the Delhi
government to rebuild the shelter and to stop evicting homeless persons in winter. 57
59.
Claims brought by homeless people before domestic courts have led to significant
advances in many jurisdictions. In Argentina, homeless people have the right to assistance,
but it is claimed on a case-by-case basis before the court. For example, in Q. C. S. Y. v.
Government of the Autonomous City of Buenos Aires, the National Supreme Court ordered
the Buenos Aires government to provide adequate shelter for a homeless mother and her
disabled son, noting that there should be a minimum guarantee of access to housing for
those facing situations of extreme vulnerability.
60.
The Colombia Constitutional Court ordered the Municipality of Dosquebradas and
the Department of Risaralda to design a pilot programme for homeless people in line with
constitutional requirements and relevant experiences of other municipalities. The Court also
called on all relevant authorities to immediately prepare a national public policy for
homeless people in line with requirements of the national law about the rights of homeless
people.
61.
The Constitutional Court of South Africa ordered the Government to devise and
implement a comprehensive and coordinated programme to realize the right to adequate
housing that prioritizes those in most urgent need. 58 In the context of forced evictions, the
Court has implemented a number of protections for those threatened with homelessness,
including imposing on all levels of government a duty to meaningfully engage with
53
54
55
56
57
58
See resolution 231 of the African Commission on Human and People’s Rights, on the right to
adequate housing and protection from forced evictions, available from
www.achpr.org/sessions/52nd/resolutions/231.
See African Commission on Human and People’s Rights, Principles and Guidelines for the
Implementation of Economic, Social and Cultural Rights, available from
www.achpr.org/files/instruments/economic-socialcultural/achpr_instr_guide_draft_esc_rights_eng.pdf.
Response to the questionnaire from Germany.
See Supreme Court of India, Francis Coralie Mullin v. The Administrator, judgement dated 13
January 1981, para. 6.
Urban Rights Forum: With the Homeless, The Trajectory of a Struggle (2010), available from
http://hlrn.org.in/documents/SAM-BKS_The_Trajectory_of_a_Struggle.pdf.
See Government of the Republic of South Africa et al v. Grootboom et al, case No. CCT11/00 of
October 2000.
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