for Shelter (paras. 6-67) has drawn attention to the types of measures that might be taken in
this regard and to their importance.
16.
In some States, the right to adequate housing is constitutionally entrenched. In such
cases the Committee is particularly interested in learning of the legal and practical
significance of such an approach. Details of specific cases and of other ways in which
entrenchment has proved helpful should thus be provided.
17.
The Committee views many component elements of the right to adequate housing as
being at least consistent with the provision of domestic legal remedies. Depending on the
legal system, such areas might include, but are not limited to: (a) legal appeals aimed at
preventing planned evictions or demolitions through the issuance of court-ordered
injunctions; (b) legal procedures seeking compensation following an illegal eviction; (c)
complaints against illegal actions carried out or supported by landlords (whether public or
private) in relation to rent levels, dwelling maintenance, and racial or other forms of
discrimination; (d) allegations of any form of discrimination in the allocation and availability
of access to housing; and (e) complaints against landlords concerning unhealthy or
inadequate housing conditions. In some legal systems it would also be appropriate to explore
the possibility of facilitating class action suits in situations involving significantly increased
levels of homelessness.
18.
In this regard, the Committee considers that instances of forced eviction are prima
facie incompatible with the requirements of the Covenant and can only be justified in the
most exceptional circumstances, and in accordance with the relevant principles of
international law.
19.
Finally, article 11 (1) concludes with the obligation of States parties to recognize “the
essential importance of international cooperation based on free consent”. Traditionally, less
than 5 per cent of all international assistance has been directed towards housing or human
settlements, and often the manner by which such funding is provided does little to address the
housing needs of disadvantaged groups. States parties, both recipients and providers, should
ensure that a substantial proportion of financing is devoted to creating conditions leading to a
higher number of persons being adequately housed. International financial institutions
promoting measures of structural adjustment should ensure that such measures do not
compromise the enjoyment of the right to adequate housing. States parties should, when
contemplating international financial cooperation, seek to indicate areas relevant to the right
to adequate housing where external financing would have the most effect. Such requests
should take full account of the needs and views of the affected groups.