A/HRC/31/54
progress; and incorporate claiming mechanisms for alleged violations of human
rights, including failures of States to adequately implement required strategies;
(c)
Homelessness strategies must be cross-sectoral, clearly allocate and
coordinate responsibilities of all levels of government and address the structural
causes of homelessness, including those that are particular to the needs of
marginalized or vulnerable groups;
(d)
More reliable measures of homelessness, inclusive of less visible forms of
homelessness and its qualitative dimensions, must be developed. Data collection
methodologies should combine longitudinal analysis of homelessness with point-intime counts. Beyond adopting definitions and methodologies suited to local
circumstances, States and subnational governments should apply internationally
agreed upon definitions, methodologies and indicators to permit a more objective
assessment of progress made, including with respect to target 11.1 of the Sustainable
Development Goals;
(e)
Any and all laws or measures that criminalize, impose fines on or restrict
homeless people or behaviour associated with being homeless, such as sleeping or
eating in public spaces, must be immediately repealed;
(f)
Homeless people must be recognized as a protected group in all relevant
domestic anti-discrimination and hate-crime laws, including where relevant in
national Constitutions, national and subnational human rights legislation and in city
charters;
(g)
A careful review of existing legislation and policies must be undertaken
to ensure that those that include discriminatory intent or effect against people who are
homeless are repealed or amended, in compliance with international human rights
law. Funding or transfer payments for local programmes should be made conditional
on the elimination of all laws that criminalize or discriminate against homeless
persons;
(h)
Homeless people must be ensured access to hearings and effective
remedies for violations of their rights, including as a result of the failure of States to
take reasonable measures within the maximum available resources to eliminate
homelessness. Class or group actions should be facilitated where possible and effective
remedies should be available in multiple forums, including courts, administrative
tribunals and national human rights institutions;
(i)
National and local governments must re-engage and recommit to their
role of providing social protection and ensuring access to affordable housing for
marginalized and vulnerable groups, reaffirming that housing is a human right rather
than a commodity. Subnational governments must have access to adequate resources
to meet their allocated responsibilities;
(j)
Any evictions that may result in homelessness, including those intended
to render homeless people less visible, such as to promote tourism or facilitate mega
events, must be recognized under domestic law as gross violations of human rights
and be immediately stopped. Forced evictions must not occur without prior
meaningful consultation with affected groups, an exploration of all alternatives,
including in situ upgrading, and the implementation of agreed-upon resettlement
options for those affected;
(k)
Special attention must be directed to homelessness among indigenous
peoples caused by displacement from land and resources and the destruction of
cultural identity. Indigenous peoples should be provided with resources to implement
22