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result of treating housing as a commodity rather than as a human right. It is rooted in
a global privileging of wealth and power, and scapegoating and scorning of those who
do not have a home.
87.
Homelessness disproportionately affects particular groups, including women,
young people, children, indigenous peoples, people with disabilities, migrants and
refugees, the working poor, and lesbian, gay, bisexual and transgender people, each in
different ways, but with common structural causes. These include: (a) the retreat by
all levels of government from social protection and social housing and the
privatization of services, infrastructure, housing and public space; (b) the
abandonment of the social function of land and housing; (c) the failure to address
growing inequalities in income, wealth and access to land and property; (d) the
adoption of fiscal and development policies that support deregulation and real estate
speculation and prevent the development of affordable housing options; and (e), in the
face of urbanization, the marginalization and mistreatment of those who are most
precariously housed in informal settlements, living in temporary overcrowded
structures, without access to water, sanitation or other basic services and living under
the constant threat of eviction.
88.
Instead of being treated as a group of rights bearers whose rights have been
systematically violated, homeless people have become a stigmatized group subject to
criminalization, discrimination and social exclusion. To be homeless is to experience
acts of violence, a shortened life span and ill-health and to be criminalized for survival
strategies for eating or sleeping in public space. Homeless people are rendered
voiceless and invisible, banished to the peripheries of cities and towns, out of sight.
Their humanity and dignity are rarely considered in legislation, public policies and
strategies.
89.
Failures to measure and document homelessness effectively, including in its less
visible forms and in its more qualitative dimensions, have contributed to the lack of
State-led or global responses. The absence of any reference to homelessness in
development goals attests to the continued marginalization of homeless people.
90.
From a human rights perspective, State obligations in relation to homelessness
are well established and have been clearly articulated. These include the following
immediate obligations of States: (a) to adopt and implement strategies to eliminate
homelessness, with clear goals, targets and timelines; (b) to eliminate the practice of
forced eviction, especially where it will lead to homelessness; (c) to combat and
prohibit in law discrimination, stigma and negative stereotyping of homeless people;
(d) to ensure access to legal remedies for violations of rights, including for the failure
of States to take positive measures to address homelessness; and (e) to regulate thirdparty actors so that their actions are consistent with the elimination of homelessness
and do not discriminate either directly or indirectly against homeless people.
91.
In line with the present conclusions, the Special Rapporteur offers the following
recommendations to States:
(a)
All States must commit to eliminating homelessness by 2030 or earlier if
possible, in a manner that upholds international human rights and in keeping with
target 11.1 of the Sustainable Development Goals;
(b)
All States must develop and implement, on an immediate basis,
coordinated rights-based strategies to prevent and eliminate homelessness. Those
strategies must include measureable goals and timelines; be developed and
implemented in consultation and collaboratively with stakeholders; make explicit
reference to international human rights law, including the right to adequate housing
and non-discrimination; include monitoring and review mechanisms to ensure
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