A/69/274
communications procedure covers all aspects of the rights set out in the Covenant,
including the obligations linked to progressive realization under its article 2.1.
33. The Special Rapporteur intends to ensure that her mandate builds on the
comprehensive and fully inclusive approach to access to justice in relation to the
right to adequate housing. She will ensure that her mandate continues to address
concerns arising from forced evictions, demolitions, displacement and other State
actions, but she intends to place a particular focus on explaining and clarifying the
obligation of States to take reasonable steps, including appropriate legislative
measures, towards the full realization of the right to adequate housing.
34. The Special Rapporteur will also consider ways in which the mandate can
support access to justice in relation to all aspects of the right to adequate housing.
She recognizes that ensuring access to justice, particularly with respect to claims
involving the obligation of States to take positive measures towards the realization
of the right to adequate housing, presents new challenges. Courts and human rights
bodies need to be provided with reliable evidence concerning resource constraints
and competing needs. More participatory approaches to the adjudication of rights
need to ensure that all stakeholders, including marginalized groups, are able to have
their voices heard. Governments need to put accountability mechanisms in place,
and to work in partnership with claimants and other stakeholders to improve policies
and ensure effective remedies. Researchers and international monitoring groups
need to further develop methodologies for providing statistics and reliable indicators
of compliance with all aspects of the right to adequate housing.
35. Often, States have no effective mechanisms in place for the assessment of
housing programmes or policies, budgetary decisions or administrative decisions in
terms of compliance with the right to adequate housing. Vulnerable groups must
have access to procedures through which they can identify and seek redress for
potential violations of their rights. 13 As the Special Rapporteur on extreme poverty
and human rights has noted, the lack of judicial review or complaints mechanisms
for social policy, compounded by a lack of justiciability of economic, social and
cultural rights at the domestic level, creates the perception that social policy is a
charitable measure rather than part of an obligation to ensure the enjoyment of
human rights. The recognition of rights imposes the obligation to establish judicial
or other remedies that enable rights holders to invoke their protection in courts, or
before other similarly independent bodies, when they are infringed. 14
C.
Equality, non-discrimination and the right to adequate housing
36. The Special Rapporteur is deeply concerned about the discrimination and
inequality in housing experienced by various individuals and g roups, especially
those most marginalized and vulnerable to rights violations. Indigenous peoples,
persons with disabilities, particular groups of women (such as women with children
and older women), migrants, ethnic and racial minorities, and many other
marginalized groups continue to be disproportionately affected by homelessness and
inadequate housing.
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13
14
10/20
A/67/278, para. 31.
Ibid., para. 32.
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