Migration and the right to adequate housing 2010, para. 25
Paragraph- Paragraph text
- To ensure the effective implementation of equality and non-discrimination principles, States must guarantee that the prohibition of discrimination is also respected by private parties. States are obliged to ensure that migrants receive fair treatment even when the State is not the provider of housing or related services. Hence, States must guarantee that private providers comply with the principle of non-discrimination and make sure that the private provision of services does not represent an impediment to the availability, accessibility, habitability and affordability of housing for all sectors of society. In this respect, the obligation to protect entails the obligation to ensure that individuals and entities in the private sphere do not discriminate on prohibited grounds and thus the adoption of all necessary measures to prevent, eradicate and punish discriminatory practices between private actors (see E/C.12/GC/20, paras. 11 and 36-40). In that regard, the Committee on the Elimination of Racial Discrimination stressed that to the extent that private institutions influence the exercise of rights or the availability of opportunities, the State party must ensure that the result has neither the purpose nor the effect of creating or perpetuating racial discrimination" (CERD/48/Misc.6/Rev.2, para. 5).
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2010
- Paragraph type
- Other
- Reference
- SR Housing, Report to the UNGA (2010), A/65/261, para. 25.
- Paragraph number
- 25
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