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37. In order to be effective, strategies to address violations of the right to adequate
housing must be based on an equality rights framework and must ad dress the
systemic patterns of discrimination and inequality that deprive particular groups of
equal enjoyment of that right. Despite the considerable progress made at both the
national and international levels on the interpretation and understanding of
non-discrimination and equality, the relationship between those concepts and their
importance for the implementation of the right to adequate housing are still not well
understood.
38. The principle of non-discrimination is a pillar of international human rights
law. It is well recognized that equality and non-discrimination are cross-cutting,
applying to all human rights. 15 The non-discrimination obligation is of immediate
application. States are obliged to refrain from discrimination in laws and policy and
to provide adequate constitutional or legislative protections from discrimination
under domestic law. 16 Concrete, deliberate and targeted measures are required in
order to ensure that discrimination is eliminated. 17
39. The meaning and the application of non-discrimination and equality in the
context of economic, social and cultural rights have been described in a variety of
international human rights documents. 18
40. Significant advances in terms of understanding how non-discrimination and
equality apply to the right to adequate housing have emerged from work that has
been undertaken on women and housing. In addition to the groundbreaking work
carried out on this issue by both previous Special Rapporteurs, as described above,
other contributions have been made by United Nations agencies. 19 Civil society
organizations have also played a central role in elaborating the content and scope of
women’s right to adequate housing.
41. Work that has been done on equality and non-discrimination in relation to
other groups, such as persons with disabilities and migrants, has also advanced
understanding of the intersection of equality and non-discrimination with economic,
social and cultural rights, including housing.
42. Disability rights organizations have articulated a “social model” of disability
(as opposed to a medical model) that addresses systemic social barriers to equality,
ensures full and effective participation and inclusion in society, and recognizes that
non-discrimination includes the right to reasonable acco mmodation. The principles
have been incorporated into the Convention on the Rights of Persons with
Disabilities, which the Special Rapporteur views as a significant development with
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17
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Article 2.1 of the International Covenant on Civil and Political Rights and article 2.2 of the
International Covenant on Economic, Social and Cultural Rights are identical in this regard.
In addition, article 26 of the International Covenant on Civil and Political Rights guarantees
equality before the law without any discrimination.
A/HRC/23/50, para. 78.
E/C.12/GC/20, para. 36.
See, for example, E/C.12/2005/4, E/C.12/GC/20, CEDAW/C/2004/I/WP.1 and A/HRC/26/39).
See, for example, UN-Habitat. Policy Makers Guide to Women’s Land, Property and Housing
Rights Across the World (2007) and “Women’s equal rights to housing, land and property in
international law” (2007); see also Office of the United Nations High Commissioner for Human
Rights (OHCHR), Women and the Right to Adequate Housing (2012); and OHCHR and United
Nations Entity for Gender Equality and the Empowerment of Women (UN-Women), “Realizing
women’s rights to land and other productive resources” (2013).
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