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. __________________ 13 14 10/20 A/67/278, para. 31. Ibid., para. 32. 14-58890

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