A/69/274
conditions, whether owing to administrative or legal obstacles or to de facto
discrimination and multiple discrimination. The Special Rapporteur hopes to work
collaboratively with the Committee on the Protection of the Rights of All Migrant
Workers and Members of Their Families and the Special Rapporteur on the human
rights of migrants to assess policies, programmes and measures in relation to the
right to an adequate standard of living, including housing, and to seek avenues for
cooperation to ensure adequate housing and living conditions for migrant workers.
B.
Homelessness
67. Homelessness is at the end of the housing spectrum and must be understood as
a prima facie violation of the right to adequate housing (i.e., where any significant
number of individuals are deprived of basic shelter or housing, a State is prima facie
failing to discharge its international human rights obligations). 22 During her
mandate, the Special Rapporteur intends to organize consultations and expert
discussions to explore various dimensions of this violation of the right to adequate
housing, including the obligation of the State to address homelessness.
68. The Special Rapporteur will also focus on developing a contextual analysis of
the causes and consequences of homelessness as experienced in both develope d
countries — particularly in the light of the effects of the global financial crisis —
and developing countries. She anticipates that this work will highlight the
interdependence of the right to housing with the broader right to an adequate
standard of living, as well as other rights such as health, social security, food and
work.
69. In coordination with relevant mandate holders, the Special Rapporteur wishes
to take up the problem of laws that criminalize homelessness or activities associated
with homelessness, such as sleeping in public places, and to consider the
discriminatory attitudes and perceptions that often lie behind such laws. In this
regard, the Special Rapporteur will explore in some depth the stigmatization and
discrimination often suffered by the homeless or those with other housing status (for
example, “squatters”, “slum dwellers” and “public/social housing tenants”), and will
build upon the previous work of mandate holders, including the report of the Special
Rapporteur on extreme poverty and human rights on the penalization of people
living in poverty (A/66/265) and the report of the Special Rapporteur on the human
right to safe drinking water and sanitation on stigma and the realization of the right
to safe drinking water and sanitation (A/HRC/21/42).
C.
Housing strategies based on human rights
70. The causes of homelessness and inadequate housing are multifarious,
interrelated and complex. They include not only forced evictions and conflict, but
also many other structural issues, such as inadequate services and infrastructure;
barriers to access to credit; land speculation and zoning; displacement and
migration; environmental degradation; and rapid urbanization and the development
of megacities. Tackling the causes of homelessness often requires a multifaceted
approach that relies on comprehensive and coordinated strategies, and is
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22
16/20
E/1991/23, annex III, para. 10.
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