A/HRC/31/54 migrant domestic workers have reported being forced to sleep in hallways, unprotected living spaces or closets of the homes in which they work.34 47. Persons with disabilities are particularly vulnerable to homelessness. In all parts of the world, psychosocial disability can make it impossible for people to secure employment and earn a living to pay for housing. 35 At the same time, many States do not ensure access to the community-based support that people with disabilities need. In States where people with perceived psychosocial disabilities are institutionalized, the support or housing available upon their release are often inadequate.36 Where deinstitutionalization has been implemented, States have failed to provide the necessary social support for housing in the community. VI. The human rights framework for addressing homelessness and access to justice A. State obligations 48. Homelessness lies at the extreme end of the spectrum of violations of the right to adequate housing. As such, States should treat homelessness with the highest level of urgency. Twenty-five years ago, the Committee on Economic, Social and Cultural Rights stated that a State party to the International Covenant on Economic, Social and Cultural Rights in which any significant number of individuals are deprived of basic shelter and housing is, prima facie, failing to discharge its obligations under the Covenant.37 States are required to demonstrate that every effort has been made to use all resources that are at their disposition in an effort to satisfy, as a matter of priority, those minimum obligations.38 49. State obligations in relation to homelessness have been clearly articulated and can be summarized as follows: (a) States have an immediate obligation to adopt and implement strategies to eliminate homelessness. These strategies must contain clear goals and timelines and must set out the responsibilities of all levels of government and of other actors for the implementation of specific, time-bound measures, in consultation with and with participation by homeless people;39 (b) States must combat discrimination, stigma and negative stereotyping of homeless people as a matter of urgency and provide legal protection from discrimination because of social and economic situation, which includes homelessness;40 34 35 36 37 38 39 40 12 Human Rights Watch, “Domestic plight: how Jordanian laws, officials, employers and recruiters fail abused migrant domestic workers” (27 September 2011), available from www.hrw.org/report/2011/09/27/domestic-plight/how-jordanian-laws-officials-employers-andrecruiters-fail-abused. Response to questionnaire from the Ombudsman of Albania. Response to the questionnaire from Human Rights Watch, United States. See Committee on Economic, Social and Cultural Rights, general comment No. 3 (1990) on the nature of States parties’ obligations, para. 10. Ibid. See Committee on Economic, Social and Cultural Rights, general comment No. 4 (1991) on the right to adequate housing, para 12; concluding observations of the Committee on Economic, Social and Cultural Rights on Canada (E/C.12/CAN/CO/4 and E/C.12/CAN/CO/5). See Committee on Economic, Social and Cultural Rights, general comment No. 20 (2009) on nondiscrimination in economic, social and cultural rights, para. 35.

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