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. 15

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