Migration and the right to adequate housing 2010, para. 28
Paragraph- Paragraph text
- The protection of migrants against discrimination needs to go further to include some differential treatment or special measures in order to obtain substantive equal treatment, putting all members of the community on an equal footing. States are required to take affirmative action to attenuate or suppress the conditions that perpetuate discrimination and to rectify its cumulative adverse effects on housing (ibid., para. 9). Indeed, the Human Rights Committee pointed out, in General Comment No. 18 on non-discrimination, that not every differentiation in treatment will constitute discrimination if the aim is to achieve a purpose which is legitimate under the International Covenant on Civil and Political Rights and if the criteria used are reasonable and objective. However, the differential treatment should not go beyond what is needed to achieve the goal. Moreover, the Committee on Economic, Social and Cultural Rights has pointed out that the obligation to facilitate the prohibition of discrimination may entail the adoption of measures to ensure equal opportunities for minorities in fields such as health, employment, housing and education. In General Comment No. 16, the Committee also stressed that temporary special measures may sometimes be needed in order to bring disadvantaged or marginalized groups of persons to the same substantive level as others.
- 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
- Person(s) affected
- Persons on the move
- Year
- 2010
- Paragraph type
- Other
- Reference
- SR Housing, Report to the UNGA (2010), A/65/261, para. 28.
- Paragraph number
- 28
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