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the International Covenant on Economic, Social and Cultural Rights , the State is
obliged to take steps, through international assistance and cooperation, to the
maximum of its available resources, with a view to achieving progressively the full
realization of the right by all appropriate means, including particularly the adoption
of legislative measures. Historically, however, the obligation of States to take steps
or positive measures to realize the right to adequate housing has not received as
much attention in the development of legal norms as other aspects of States ’
obligations. Legal norms have focused more often on State action that interferes
with the right to adequate housing. As a result, at the international level there is
more clarity about legal norms applied to forced evictions and comparatively les s
about the positive obligation to address homelessness or to allocate the resources
necessary to ensure access to housing for marginalized groups. Similarly, domestic
courts tend to deal with more cases and develop more jurisprudence on evictions
and service disconnections than on failures to prioritize the development of services
for informal settlements.
30. There are, of course, particular challenges for international human rights
bodies and domestic courts in developing precise requirements for compliance with
the obligation of the progressive realization of the right to adequate housing.
Obligations of this sort must be assessed in relation to contextual, legal and historical
factors such as available resources, competing needs, economic policy and
international assistance. There is no simple formula for defining the precise legislative
measures that are required or for ascertaining the necessary budgetary allocations.
However, the fact that compliance with these aspects of the right to adequate
housing can be assessed only in the context of particular circumstances should not
lead to a lack of human rights accountability or to the ignoring of violations.
31. The nature of State obligations in different circumstances must be clarified
through procedures and mechanisms through which obligations can be assessed in
context. Just as legal norms governing security of tenure and evictions are clarified
through adjudication in particular circumstances, so too the obligations linked to
progressive realization, such as maximum available resources and appropriate
legislative measures, must be fleshed out by human rights bodies and courts to
clarify their meaning in particular circumstances.
32. One of the most significant advances in both domestic and international law in
recent years has been the recognition that all aspects of the right to adequate
housing and other economic and social rights are justiciable. 11 Debates about the
justiciability of economic, social and cultural rights, in particular the obligation of
progressive realization, are now, thankfully, behind us. Domestic courts and regional
bodies have demonstrated that all components of economic and social rights can be
competently adjudicated. Accordingly, a comprehensive approach to access to
justice was affirmed in the Optional Protocol to the International Covenant on
Economic, Social and Cultural Rights, adopted by the General Assembly on the
sixtieth anniversary of the Universal Declaration of Human Rights. 12 The
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11
12
14-58890
See General Assembly resolution 63/117.
See Catarina de Albuquerque, “Chronicle of an announced birth: The coming into life of the
Optional Protocol to the International Covenant on Economic, Social and Cultural Rights — The
missing piece of the International Bill of Human Rights”, in Human Rights Quarterly, vol. 32,
No. 1 (2010); see also Bruce Porter, “The reasonableness of article 8 (4) — Adjudicating claims
from the margins”, in Nordic Journal of Human Rights, vol. 27, No. 1 (2009).
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