A/69/274 General comments Nos. 4 and 7 of the Committee on Economic, Social and Cultural Rights, for example, have been referred to by courts in several domestic cases. 9 25. At the same time, advances made by domestic courts and national human rights institutions have informed positive developments in international human rights. For example, the experience of national courts and the content of nationallevel housing rights jurisprudence significantly informed the content and structure of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, which provides, for the first time, for the adjudication of the right to adequate housing under the Covenant. 10 26. Ensuring access to justice for claimants of the right to adequate housing has emerged as a central and shared challenge for States and treaty bodies. Meeting that challenge will continue to require ongoing dialogue and interaction between States, including domestic courts, and international human rights bodies and procedures. 27. The Special Rapporteur will solicit input from States, treaty bodies, national human rights institutions, civil society organizations, judges and human rights practitioners in considering how the mandate can support the critical dialogue between domestic and international human rights norms and practice. She also hopes to lend visibility to the work being undertaken to elaborate the content of the right to adequate housing at all levels and encourage advances in ensuring access to justice in relation to that right. She is committed to fostering and enhancing the interdependence of national and international law and practice in all aspects of her work, including communications, country visits and thematic reports. B. Clarifying the obligation of progressive realization 28. Having considered emerging socioeconomic patterns affecting the right to adequate housing, the important work of many stakeholders and developments in the field of economic, social and cultural rights more generally, the Special Rapporteur commences her mandate with an understanding of several key challenges in the implementation of the right to adequate housing, and a recognition of emerging opportunities, that she hopes to address and engage as she undertakes further consultations. 29. Central to State obligations with respect to the right to adequate housing is the obligation to take positive measures to realize that right. According to article 2.1 of __________________ 9 10 8/20 See, for example, European Committee of Social Rights, Complaint No. 39/2006, European Federation of National Organizations Working with the Homeless (FEANTSA) v. France , decision on the merits of 5 December 2007; High Court at Embu, Constitutional Petition No. 2 of 2011, Ibrahim Sangor Osman and Others v. the Hon. Minister of State for Provincial Administration and Internal Security and Others; and European Committee of Social Rights, Complaint No. 15/2003, decision on the merits of 8 December 2004, European Roma Rights Center v. Greece. See also A/63/275, chap. IV. Aspects of the High Court of South Africa case Government of the Republic of South Africa and Others v. Grootboom and Others significantly informed the development of article 8.4 of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, which enunciates the “reasonableness standard”. See: “Reasonableness and Article 8(4)”, in The Optional Protocol to the International Covenant on Economic, Social and Cultural Rights: A Commentary (forthcoming) at http://www.jus.uio.no/smr/english/about/programmes/serp/ research/optional-protocol-.html. 14-58890

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