A/HRC/54/30
right to an adequate standard of living, and on the right to non-discrimination in this context4
and the Committee on the Rights of the Child.5
21.
Homelessness has long been regarded as contrary to international human rights law.
First and foremost, it is a violation of the right to adequate housing under article 11 of the
International Covenant on Economic, Social and Cultural Rights. 6 Other rights, such as the
rights to life, health, liberty and security, as well as freedom from inhuman or degrading
treatment, are also affected simultaneously, emphasizing the indivisibility and
interdependence of human rights. Homelessness also serves as a cause of contemporary
forms of slavery, in contravention of the existing international standards, including the
Slavery Convention of 1926, the ILO Forced Labour Convention, 1930 (No. 29), and the ILO
Worst Forms of Child Labour Convention, 1999 (No. 182).
22.
There are clear human rights obligations related to homelessness. States should
prevent homelessness before it arises and if it occurs. In this regard, they should provide safe,
secure and dignified emergency accommodations and, as soon as possible, provide access to
affordable and adequate long-term and permanent housing. 7 The prohibition of evictions
which lead to homelessness is also an immediate and absolute obligation.8 To this end, States
should, to the maximum of their available resources, ensure that adequate alternative housing,
resettlement or access to land are available for those already affected or likely to be affected
by evictions.9
23.
Aside from housing related obligations, States are to adopt and implement measures
to eliminate homelessness as expeditiously as possible, with clear goals and timelines and
sufficient consultation with persons experiencing homelessness. 10 As part of this, securing
equal and adequate access to education, essential services and decent work is important, as
this can prevent persons experiencing homelessness from being victimized in contemporary
forms of slavery. An important principle in this regard is non-discrimination. States must
implement legislative and other appropriate measures to eliminate discrimination against
persons experiencing homelessness.11 As an example, requiring proof of address, payments
or identity documents to gain access to housing and essential public services is to be regarded
as discriminatory. 12 It is also important to recognize that such persons often suffer from
additional, intersecting forms of discrimination, based on their age, gender identity, sexual
orientation, race, ethnicity, migration status and disability, that must also be addressed at the
same time.
24.
Particular care and attention must be paid to children in street situations, who are
among the most vulnerable to contemporary forms of slavery. Their best interests must be
taken into consideration at all times in developing and implementing an appropriate strategy
to facilitate their reintegration into their families and communities, including through the
provision of tailored childcare arrangements and support to their parents, guardians or
caregivers.13 Equal access to education, health care, information and justice should also be
guaranteed without discrimination. To this end, relevant professionals and service providers
should be properly trained. The Special Rapporteur regards it as necessary that such training
4
5
6
7
8
9
10
11
12
13
4
A/HRC/31/54, sect. II.B.
Committee on the Rights of the Child, general comment No. 21 (2017) on children in street situations,
para. 4.
See also article 27 of the Convention on the Rights of the Child, article 14 of the Convention on the
Elimination of All Forms of Discrimination against Women and article 28 of the Convention on the
Rights of Persons with Disabilities.
A/HRC/43/43, para. 33.
Committee on Economic, Social and Cultural Rights, general comment No. 7 (1997) on forced
evictions, para. 16.
López Albán et al. v. Spain (E/C.12/66/D/37/2018), para. 9.3; and A/HRC/4/18, paras. 43 and 44.
Committee on Economic, Social and Cultural Rights, general comment No. 4 (1991) on the right to
adequate housing, para. 12; and Human Rights Committee, general comment No. 36 (2018) on the
right to life, para. 23.
Committee on the Rights of the Child, general comment No. 21 (2017), paras. 22 and 26; and
A/HRC/31/54, para. 49.
Committee on the Rights of the Child, general comment No. 21 (2017), para. 26.
Committee on the Rights of the Child, general comment No. 21 (2017), paras. 44–49.
GE.23-12640
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