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47. It is imperative that these fundamental principles of equality and
non-discrimination in relation to economic and social rights be rigorously appl ied in
the area of housing. Prevailing patterns of inequality and exclusion in housing are
often linked to indirect and unintentional forms of discrimination, to failures to
accommodate the needs of various marginalized groups, and to inadequate attention
to the obligations linked to substantive equality.
48. The fact that the rights to non-discrimination and equality in housing may
require positive obligations to address and ameliorate existing patterns of
disadvantage is often ignored. Much more can be done to ensure that the principles
of non-discrimination and equality are fully incorporated into housing policies,
programmes, legislation and budgetary allocations.
49. Substantive equality obligations in terms of housing are often linked to the
obligation to progressively realize the right to adequate housing. Overcoming
systemic patterns of discrimination and inequality with regard to people with
disabilities, displaced persons, women with children and other groups relies on the
implementation and development of programmes and strategies over time.
Reasonable accommodation, as is the case with progressive realization, is subject to
limitations linked to available resources. The Special Rapporteur intends to consider
how these principles of non-discrimination and equality apply to the housing
experiences of particular vulnerable groups.
D.
Engaging the evolving nature and role of the State
50. Under international human rights law, it is the State that is held responsible for
the compliance with international human rights to which it is bound. The focus of
monitoring and constructive dialogue at the international level has been on national
Governments.
51. National Governments, however, cannot be viewed as the only relevant actors
with respect to the implementation of international human rights. Subnational
governments, including state/provincial and municipal governments, often have
significant authority with respect to housing and therefore share responsibility for
implementing the international human rights responsibilities of the State.
Involvement in the implementation of the right to adequate housing has become ever
more diversified with recent patterns of the delegation of responsibilities relating to
housing from the central Government to more local governments in many countries,
and the increasing delegation of governmental responsibilities to public -private
partnerships or private actors.
52. Moreover, global actors such as transnational corporations and multilateral or
bilateral financial institutions, and United Nations agencies play significant roles in
the implementation of the right to adequate housing. The actions of transnational
extractive industries or development projects initiated and overseen by multiple
partners, including international financial institutions, may have far-reaching effects
on that right.
53. The evolving nature and diversification of the State and the multiplicity of
actors who may be involved in fulfilling its obligations under international human
rights law make implementation all the more complicated. In many countries,
housing programmes and other policies necessary to the implementation of the right
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