The human rights issue The human rights argument The NIHE’s “Decent Homes Standard” says The CESCR has interpreted the obligation to use the maxi­mum of available resources to that publicly-funded housing must: - Meet the statutory fitness standard— […] be free from serious dampness… - Provide a reasonable degree of thermal comfort. realize ESC rights to mean that governments’ actions on ESC rights must be effective. This standard is in line with article 11 of the ICESCR, which guaran­tees the right to adequate housing. The CESCR’s General They must have the effect of realizing rights, in this case the effect of ensuring the habitability and affordability of the social housing. Governments have an obligation of conduct —i.e., they must take actions to realize human rights— and of result. With regard to the government’s budget this means that Comment 4 [para. 8(d)] interprets this right it is not enough for government to spend money, in this case on housing. Government to include habitability: Adequate housing must be habitable, in terms of providing the inhabitants with adequate space and protecting them from cold, damp […] or other threats to health… General Comment 4 also guarantees must do its utmost, within the funding available to it, to ensure that the plans, programs and projects it intends to implement are those most likely to realize people’s rights. When a government chooses, among the options available to it, projects and designs that are not likely to have the effect of realizing people’s rights—as the NIHE has done in this case—it is failing to use the maximum of available resources to realize ESC rights. affordability [para. 8(c)]. Article 25 of the International Covenant on Civil and Political Rights guarantees people the right to participate in public affairs. Moreover, by failing to give serious attention to informed alternatives proposed by residents, the NIHE has not respected their right to participate in a meaningful fashion in public affairs.