11.
States parties must give due priority to those social groups living in unfavourable
conditions by giving them particular consideration. Policies and legislation should
correspondingly not be designed to benefit already advantaged social groups at the expense
of others. The Committee is aware that external factors can affect the right to a continuous
improvement of living conditions, and that in many States parties overall living conditions
declined during the 1980s. However, as noted by the Committee in its general
comment No. 2 (1990) (E/1990/23, annex III), despite externally caused problems, the
obligations under the Covenant continue to apply and are perhaps even more pertinent during
times of economic contraction. It would thus appear to the Committee that a general decline
in living and housing conditions, directly attributable to policy and legislative decisions by
States parties, and in the absence of accompanying compensatory measures, would be
inconsistent with the obligations under the Covenant.
12.
While the most appropriate means of achieving the full realization of the right to
adequate housing will inevitably vary significantly from one State party to another, the
Covenant clearly requires that each State party take whatever steps are necessary for that
purpose. This will almost invariably require the adoption of a national housing strategy
which, as stated in paragraph 32 of the Global Strategy for Shelter, “defines the objectives for
the development of shelter conditions, identifies the resources available to meet these goals
and the most cost-effective way of using them and sets out the responsibilities and time frame
for the implementation of the necessary measures”. Both for reasons of relevance and
effectiveness, as well as in order to ensure respect for other human rights, such a strategy
should reflect extensive genuine consultation with, and participation by, all of those affected,
including the homeless, the inadequately housed and their representatives. Furthermore, steps
should be taken to ensure coordination between ministries and regional and local authorities
in order to reconcile related policies (economics, agriculture, environment, energy, etc.) with
the obligations under article 11 of the Covenant.
13.
Effective monitoring of the situation with respect to housing is another obligation of
immediate effect. For a State party to satisfy its obligations under article 11 (1) it must
demonstrate, inter alia, that it has taken whatever steps are necessary, either alone or on the
basis of international cooperation, to ascertain the full extent of homelessness and inadequate
housing within its jurisdiction. In this regard, the revised general guidelines regarding the
form and contents of reports adopted by the Committee (E/C.12/1991/1) emphasize the need
to “provide detailed information about those groups within ... society that are vulnerable and
disadvantaged with regard to housing”. They include, in particular, homeless persons and
families, those inadequately housed and without ready access to basic amenities, those living
in “illegal” settlements, those subject to forced evictions and low-income groups.
14.
Measures designed to satisfy a State party’s obligations in respect of the right to
adequate housing may reflect whatever mix of public and private sector measures considered
appropriate. While in some States public financing of housing might most usefully be spent
on direct construction of new housing, in most cases, experience has shown the inability of
Governments to fully satisfy housing deficits with publicly built housing. The promotion by
States parties of “enabling strategies”, combined with a full commitment to obligations under
the right to adequate housing, should thus be encouraged. In essence, the obligation is to
demonstrate that, in aggregate, the measures being taken are sufficient to realize the right for
every individual in the shortest possible time in accordance with the maximum of available
resources.
15.
Many of the measures that will be required will involve resource allocations and
policy initiatives of a general kind. Nevertheless, the role of formal legislative and
administrative measures should not be underestimated in this context. The Global Strategy