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The right to adequate housing of persons with disabilities 2017, para. 24
- Original document
- Paragraph text
- Water, sanitation and hygiene facilities are often inaccessible and located some distance from the home. Those with mobility impairments may be dependent on assistance or forced to drag themselves along the ground to reach the facilities. In many situations, persons with disabilities are simply unable to gain access to toilets, must defecate in their homes and are often unable to remove waste. Streets or alleys in informal settlements are often sand, gravel or mud, sometimes built into steep cliffs and hill-sides, and are not accessible to persons in wheelchairs or with reduced mobility.
- 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
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Water & Sanitation
- Person(s) affected
- Persons with disabilities
- Year
- 2017
Paragraph
The right to adequate housing of persons with disabilities 2017, para. 75
- Original document
- Paragraph text
- In its recent white paper on the rights of persons with disabilities, the Department of Social Services of South Africa called for a comprehensive strategy to realize the right to adequate housing of persons with disabilities consistent with the transformative nature of the constitutional right to housing, including supported community living plans, subsidized housing support, universal design as a requirement in infrastructure grants and a sustainable community-based system for support for independent living. In the white paper, emphasis was laid on the critical importance of strengthening the enforcement of existing legislation, improving access to courts, complaints mechanisms and institutions and strengthening the capacity of institutions such as the South African Human Rights Commission and of organizations for persons with disabilities to support persons with disabilities in gaining access to justice.
- 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
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Persons with disabilities
- Year
- 2017
Paragraph
The right to adequate housing of persons with disabilities 2017, para. 79
- Original document
- Paragraph text
- Subnational and local governments have also initiated important efforts to address the right to adequate housing of persons with disabilities. Article XIV (1) of the World Charter for the Right to the City provides for universal realization of the right to housing and emphasizes the need for accessible and suitable locations. In article X of the Global Charter-Agenda for Human Rights in the City, it is recommended that cities adopt regulations to ensure the accessibility of housing for persons with disabilities. Some cities have sought to initiate inclusive zoning policies to prevent restrictions on supportive housing. Others have adopted measures to address affordability, such as housing benefits and/or allowances, grants or loans for required adaptations, lower interest rates on housing loans and reduced housing taxes for families with a family member with a disability.
- 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
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Families
- Persons with disabilities
- Year
- 2017
Paragraph
The right to adequate housing of persons with disabilities 2017, para. 38
- Original document
- Paragraph text
- Equality and non-discrimination are crucial for the realization of the right to housing of persons with disabilities under article 28. States must take positive measures to the maximum of available resources to address systemic homelessness and deprivation of housing, which disproportionately affects persons with disabilities, and to strive towards the full realization of the right to adequate housing for all persons with disabilities. In the Convention, it is made abundantly clear that the right to non-discrimination of persons with disabilities is not simply a negative right, requiring Governments and private actors to refrain from actions that exclude persons with disabilities, but also a positive right, requiring them to take measures to ensure the enjoyment of the right to housing. As Andrea Broderick notes, “the intersection of equality and socioeconomic rights in the [Convention on the Rights of Persons with Disabilities] may provide a key to unlocking the structural inequalities which disabled people, and by extension other marginalised groups, have encountered for too long now”.
- 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
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Persons with disabilities
- Year
- 2017
Paragraph
The right to adequate housing of persons with disabilities 2017, para. 82b (i)
- Original document
- Paragraph text
- [In that regard, the Special Rapporteur offers the following recommendations:] [Courts, tribunals and national human rights institutions should:] Interpret and apply domestic law in accordance with the right to adequate housing of persons with disabilities and in particular recognize that the rights to life, liberty, substantive equality and non-discrimination require Governments to address homelessness, provide support for living in the community and respond to the diverse housing needs of persons with disabilities;
- 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
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Persons with disabilities
- Year
- 2017
Paragraph
The right to life and the right to adequate housing: the indivisibility and interdependence between these rights 2016, para. 25
- Paragraph text
- There are numerous ways in which the housing conditions of people with disabilities collide with their right to live in dignity and security and to life itself. Independent living requires that persons with disabilities have a choice as to where and how they live. The failure of States to provide the supports required for independent living has meant that people with disabilities often live in deplorable conditions. They may be compelled to live with family members in circumstances of abuse or isolation, where they may be ostracized by their communities. When living in informal settlements, they often have no access to sanitation facilities, or have to use facilities without adequate supports or equipment, putting them at risk of disease. For those with limited mobility, lack of adequate supports results in their being virtual prisoners, trapped in their homes, a potentially lethal situation, particularly in natural disasters and emergencies.
- 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
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Water & Sanitation
- Person(s) affected
- Persons with disabilities
- Year
- 2016
Paragraph
The right to adequate housing of persons with disabilities 2017, para. 17
- Paragraph text
- Forced institutionalization often occurs as an indirect result of other violations of the right to adequate housing. When States fail to provide necessary forms of support for living in the community, or when persons with disabilities or their families simply have no means to afford housing, persons with disabilities may be forced to live in institutions because of a lack of housing options. Legislative protection of legal capacity and supportive decision-making can be rendered ineffective in the context of housing decisions when there is no support or affordable housing available for living in the community.
- 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
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Persons with disabilities
- Year
- 2017
Paragraph
The right to adequate housing of persons with disabilities 2017, para. 21
- Original document
- Paragraph text
- The Special Rapporteur has proposed a new rights-based framework under which homelessness is understood as a deprivation of housing (both physical and social) but also as a socially constructed group identity that is linked to stigmatization and discrimination, much of which is rooted in perceptions about persons with disabilities. As a result, in most places, that population suffers severe isolation and neglect. Homelessness and related violations of the right to life often result from deinstitutionalization without adequate community support or affordable housing in the community.
- 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
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Persons with disabilities
- Year
- 2017
Paragraph
The right to adequate housing of persons with disabilities 2017, para. 67
- Original document
- Paragraph text
- Effective remedies for violations of the right to adequate housing must be provided wherever possible by interpreting and applying domestic law consistently with the right to housing of persons with disabilities under international human rights law. The Committee on Economic, Social and Cultural Rights emphasized that “guarantees of equality and non-discrimination should be interpreted, to the greatest extent possible, in ways which facilitate the full protection of economic, social and cultural rights”. Unfortunately, even in the wealthiest countries, where there are sufficient resources to ensure the right to housing of persons with disabilities, courts have failed to interpret domestic human rights guarantees of equality consistently with the Convention on the Rights of Persons with Disabilities and refused to apply such guarantees so as to hold Governments accountable for failures to address widespread homelessness and inadequate housing among persons with disabilities.
- 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
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Persons with disabilities
- Year
- 2017
Paragraph
The right to adequate housing of persons with disabilities 2017, para. 80
- Original document
- Paragraph text
- Few marginalized groups suffer such egregious violations of the right to housing as do persons with disabilities. Across the world, they are commonly homeless, institutionalized and subjected to cruel and inhuman treatment for no reason other than their disability. They endure isolation, stigmatization and discrimination in all aspects of housing, whether access, design or policy development and implementation. Their very lives are imperilled by housing and communities that are based on exclusion and uniformity rather than inclusion and diversity. Yet it is on the basis of those experiences and the claims to equal dignity and rights advanced by those affected that the disability human rights paradigm has emerged. This paradigm has the potential to breathe new life into the right to adequate housing because it underscores and amplifies the essence of that right, namely, having a place to live in dignity, it allows persons with disabilities to participate in their communities and it recognizes diversity as a strength that makes households and communities thrive.
- 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
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Persons with disabilities
- Year
- 2017
Paragraph
The right to adequate housing of persons with disabilities 2017, para. 40
- Original document
- Paragraph text
- Under article 9, States are required to ensure that all housing available to the public, including social and private rental housing, takes into account all aspects of accessibility for persons with disabilities. In the article, a broad range of accessibility issues “encompassing the physical environment, transportation, information and communication, and services” are addressed and obligations are established to: ensure physical accessibility, such as through ramps and accessible doors, as well as the accessibility of windows, bathrooms and kitchens; remove the communication barriers confronted by persons with disabilities applying for and living in housing; and ensure access to work, services and public spaces — in short, to ensure that all aspects of the housing environment are accessible. As the Special Rapporteur has consistently noted in her dialogue with government officials, under that article, States are also required to address economic and social accessibility barriers by ensuring sufficient benefits or housing subsidies to cover the cost of adequate housing and other services.
- 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
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Persons with disabilities
- Year
- 2017
Paragraph
The right to adequate housing of persons with disabilities 2017, para. 23
- Original document
- Paragraph text
- Persons with disabilities living in poverty in cities commonly live in informal settlements or homeless encampments. The Special Rapporteur has been shocked by the deplorable conditions endured by persons with disabilities in those contexts. Many, including young children and older persons, are left to languish in isolation, sometimes in dark rooms without electricity, hidden from view at the back of the home, without access to community centres, social opportunities or health clinics.
- 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
- Topic(s)
- Equality & Inclusion
- Poverty
- Social & Cultural Rights
- Person(s) affected
- Children
- Older persons
- Persons with disabilities
- Youth
- Year
- 2017
Paragraph
The right to adequate housing of persons with disabilities 2017, para. 52
- Original document
- Paragraph text
- The inability to afford adequate housing is frequently the greatest obstacle facing persons with disabilities in realizing their right thereto. They are more likely to live in poverty, and they have higher housing, equipment and health-care costs. Family income is reduced when a family member has to take on the role of support person. Inadequate levels of financial assistance and/or housing subsidies often make it impossible for persons with disabilities to obtain adequate housing and significantly increase the risk of homelessness.
- 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
- Topic(s)
- Equality & Inclusion
- Poverty
- Social & Cultural Rights
- Person(s) affected
- Persons with disabilities
- Year
- 2017
Paragraph
The right to life and the right to adequate housing: the indivisibility and interdependence between these rights 2016, para. 53
- Paragraph text
- The Committee on the Rights of Persons with Disabilities has only started to grapple with communications addressing issues of grossly inadequate housing, lack of support for community living, institutionalization and lack of accessible housing which characterize the housing circumstances of millions of people with disabilities. In its periodic reviews, however, the Committee has emphasized the importance of States' obligations to take positive steps to implement inclusive, effective strategies to realize the right to housing and social protection and to address the particular issues affecting women, migrants and young people with disabilities.
- 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
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Persons with disabilities
- Women
- Youth
- Year
- 2016
Paragraph
The right to adequate housing of persons with disabilities 2017, para. 74
- Original document
- Paragraph text
- Finland reported that its framework for advancing the right to housing for persons with disabilities included: the constitutional protection of the right to housing; the provision of supportive housing and community-based support with a commitment to self-determination in the use of forms of support and services; funding for building and renovating housing to make it accessible and suitable; national action plans on homelessness; and a range of supervisory mechanisms, including an advisory board for the rights of persons with disabilities to oversee coordinated efforts. Finland stated that it considered those currently living in institutions to be homeless and had set a deadline of 2020 to close all institutions, emphasizing the right to live in the community with access to the necessary services and forms of support.
- 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
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Persons with disabilities
- Year
- 2017
Paragraph
Reflection on work undertaken in first 14 years of the mandate; outline of opportunities and priorities 2014, para. 36
- Paragraph text
- The Special Rapporteur is deeply concerned about the discrimination and inequality in housing experienced by various individuals and groups, especially those most marginalized and vulnerable to rights violations. Indigenous peoples, persons with disabilities, particular groups of women (such as women with children and older women), migrants, ethnic and racial minorities, and many other marginalized groups continue to be disproportionately affected by homelessness and inadequate housing.
- 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
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Children
- Ethnic minorities
- Persons on the move
- Persons with disabilities
- Women
- Year
- 2014
Paragraph
Centrality of the right to adequate housing for the development and implementation of the New Urban Agenda to be adopted at Habitat III in October 2016 2015, para. 76f
- Paragraph text
- [The Special Rapporteur recommends that the urban rights agenda should:] Focus on eliminating social exclusion, inequality and discrimination as human rights violations and prevent the criminalization and stigmatization of people on the basis of their housing status. Particular housing experiences and needs of all migrants, displaced persons, persons with disabilities and women, children and youth in situations of vulnerability should be addressed;
- 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
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Children
- Persons on the move
- Persons with disabilities
- Women
- Youth
- Year
- 2015
Paragraph
Reflection on work undertaken in first 14 years of the mandate; outline of opportunities and priorities 2014, para. 65
- Paragraph text
- In relation to persons with disabilities, the Special Rapporteur wishes to find avenues for collaborative work with the Committee on the Rights of Persons with Disabilities and the soon-to-be-appointed Special Rapporteur on the rights of persons with disabilities, to advance the understanding of the scope and nature of the right to adequate housing and the right to independent living in the light of the specific situations faced by persons with physical and mental disabilities.
- 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
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Persons with disabilities
- Year
- 2014
Paragraph
The right to adequate housing of persons with disabilities 2017, para. 82a (v)
- Original document
- Paragraph text
- [In that regard, the Special Rapporteur offers the following recommendations:] [In consultation with persons with disabilities and their organizations, States should:] Adopt a clear policy framework for the inclusion of all persons with disabilities in all areas of housing policy and design, ensuring that those living in poverty or homelessness, women, ethnic, religious or linguistic minorities, indigenous peoples, migrants and both young and older persons are fully included;
- 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
- Topic(s)
- Equality & Inclusion
- Poverty
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Persons with disabilities
- Women
- Youth
- Year
- 2017
Paragraph
Centrality of the right to adequate housing for the development and implementation of the New Urban Agenda to be adopted at Habitat III in October 2016 2015, para. 38
- Paragraph text
- Urbanization has created new patterns of discrimination and inequality based on spatial and socioeconomic marginalization. Exclusionary patterns of governance and citizenship have given disproportionate power and influence to property owners and investors while depriving those without land or property of a meaningful say in decisions that will have significant impact on their lives and on their ability to obtain housing. Refugees, migrants, persons with disabilities, children and youth, indigenous peoples, women and minorities are most likely to find themselves homeless or relegated to the most marginal and unsafe places in cities, treated as non-citizens or outsiders.
- 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
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Children
- Ethnic minorities
- Persons on the move
- Persons with disabilities
- Women
- Youth
- Year
- 2015
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 18
- Paragraph text
- In addition to the more obvious requirements, within the framework of human rights, to ensure that housing developers exercise due diligence, comply with safety standards and adopt policies of non-discrimination, for example, States may also be required to ensure that investment in housing complies with a rights-based housing strategy and with the target of ensuring adequate housing for all by 2030. Private actors may be required to take particular steps to ensure access to credit for disadvantaged households and to address the needs of residents of informal settlements, women, migrants and people with disabilities. The obligation of States to facilitate the realization of the right to housing by establishing a coherent strategy at both the national and international levels with clearly allocated roles and responsibilities is central to the commitments made by States in the 2030 Agenda for Sustainable Development and the New Urban Agenda.
- 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
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Persons with disabilities
- Women
- Year
- 2017
Paragraph
The right to adequate housing of persons with disabilities 2017, para. 62
- Original document
- Paragraph text
- The most substantive remedies with respect to the right to adequate housing of persons with disabilities have tended to emerge from claims relating to deinstitutionalization and forced evictions. In the decision of the Supreme Court of the United States in Olmstead v. L.C., the Court recognized that States had an obligation, pursuant to the Americans with Disabilities Act, to take reasonable measures to ensure that persons with psychosocial disabilities were able to live outside institutions in the least restrictive environment, with a waiting list for services that moved at a “reasonable” pace. The federal Government, through the Department of Housing Urban Development, has provided guidelines and support to states to encourage the implementation of the decision. In another case under the Act, an appeals court ordered a private landlord to be flexible with respect to employment and income qualifications for rental housing, recognizing their exclusionary effect on persons with disabilities.
- 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
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Persons with disabilities
- Year
- 2017
Paragraph
The right to adequate housing of persons with disabilities 2017, para. 9
- Paragraph text
- The lack of consistent implementation of accepted methods of surveying persons with disabilities has led to significant variance in data, making comparisons across countries or regions difficult. General surveys and censuses conducted by household often overlook individuals who are homeless or living in unrecognized informal settlements, institutions or group care facilities. When information has been collected on persons with disabilities, narrow definitions have usually been applied and housing concerns ignored.
- 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
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Persons with disabilities
- Year
- 2017
Paragraph
The right to adequate housing of persons with disabilities 2017, para. 11
- Paragraph text
- Surveys of the existing housing conditions of persons with disabilities reveal significant inequality in the enjoyment of the right to housing. In such a survey conducted by the Republic of Korea in 2015, it was found that persons with disabilities were far more likely than others to have difficulty paying rent and other housing expenses, less likely to have “suitable” housing and more likely to have housing that did not meet the minimum standards of habitability.
- 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
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Persons with disabilities
- Year
- 2017
Paragraph
Reflection on work undertaken in first 14 years of the mandate; outline of opportunities and priorities 2014, para. 23
- Paragraph text
- Civil society organizations have brought new and diverse housing issues before the Committee on Economic, Social and Cultural Rights, and also before the Human Rights Committee, the Committee on the Elimination of Racial Discrimination, the Committee on the Rights of the Child, the Committee on the Elimination of Discrimination against Women, the Committee on the Rights of Persons with Disabilities and the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families. By doing so, they have encouraged various treaty monitoring bodies to consider State obligations with respect to the right to housing in diverse circumstances and to clarify the links between the right to housing and other human rights. These dynamic interactions between national experiences and international human rights mechanisms benefit and strengthen both.
- 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
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Families
- Persons on the move
- Persons with disabilities
- Year
- 2014
Paragraph
Centrality of the right to adequate housing for the development and implementation of the New Urban Agenda to be adopted at Habitat III in October 2016 2015, para. 51
- Paragraph text
- Urban environments have served as a barrier to the inclusion and participation of persons with disabilities. Persons with disabilities face widespread lack of accessibility to built environments, including housing, public buildings and spaces, and to basic urban services such as sanitation and water, health, education and transportation. Cultural attitudes including negative stereotyping and stigma also contribute to the exclusion and marginalization of persons with disabilities in urban environments. In its articles 8 and 9, the Convention on the Rights of Persons with Disabilities emphasizes the importance of mainstreaming disability issues in all strategies of sustainable development and obliges States to ensure that housing is adequate, accessible and barrier free for person with disabilities.
- 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
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Water & Sanitation
- Person(s) affected
- Persons with disabilities
- Year
- 2015
Paragraph
The right to adequate housing of persons with disabilities 2017, para. 68
- Original document
- Paragraph text
- Human rights protection in housing for persons with disabilities varies considerably among States. A growing number of countries have expressly included the right to housing in their constitutions or human rights legislation, and many also enumerate disability as a prohibited ground of discrimination. Some countries rely on universal guarantees of equality and non-discrimination, which are extended to persons with disabilities. In other countries, however, non-discrimination laws regarding disability are written in the context of specific sectors, such as employment, but fail to include non-discrimination and the duty to provide reasonable accommodation in the context of housing.
- 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
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Persons with disabilities
- Year
- 2017
Paragraph
The right to adequate housing of persons with disabilities 2017, para. 70
- Original document
- Paragraph text
- Information provided by States to the Special Rapporteur for the present report indicates that progress is being made. Mexico reports that its Federal Law for the Inclusion of Persons with Disabilities of 2011 and its regulation of 2012 explicitly provide for the right to dignified housing (art. 18). The legislation also establishes the right to universal accessibility and housing (art. 16) and is complemented by initiatives and programmes that provide subsidies and lines of credit to make physical alterations to houses to enhance living conditions for persons with disabilities.
- 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
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Persons with disabilities
- Year
- 2017
Paragraph
The right to adequate housing of persons with disabilities 2017, para. 71
- Original document
- Paragraph text
- The Constitution of Kenya of 2010 prohibits discrimination on the ground of disability, affirms a right to reasonable access to all places, including the built environment and housing, and provides for the right to accessible and adequate housing. In the national disability policy of Kenya, it is recognized that ownership of land, housing and property is a fundamental human right of persons with disabilities, essential to security, self-reliance and livelihood. Through the policy, it is sought to eliminate barriers to acquiring and owning land, housing and property, such as high costs and societal prejudices against the ownership and inheritance of land by persons with disabilities. In all housing schemes, it is required to reserve at least 5 per cent of accessible houses for persons with disabilities, and accessible design standards are applied. In addition, inclusive financial and credit services targeting persons with disabilities are promoted.
- 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
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Persons with disabilities
- Year
- 2017
Paragraph
The right to adequate housing of persons with disabilities 2017, para. 29
- Original document
- Paragraph text
- Inaccessible housing and programmes designed without consideration of the needs of persons with disabilities deprive society of the benefits of the full participation of persons with disabilities in all areas of life and are costly to States. Moreover, reasonable accommodation of individual needs is considerably more costly and difficult than it would be if housing were designed to be accessible or easily modified.
- 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
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Persons with disabilities
- Year
- 2017
Paragraph