A/72/128 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. 41. Article 9 should also be read in conjunction with the obligation to progressively realize the right to adequate housing under article 28. As Gerard Quinn observed, “many of these obligations will require resources and extensive systemic change — all subject to the overall obligation of progressive achievement contained in article 4.2 with respect to socioeconomic rights”. 35 The obligations of States under article 9 can be seen as components of the requirement to immediately implement inclusive rights-based strategies for the realization of the right to housing. Both housing strategies and plans for the implementation of accessibility must establish definite time frames, allocate adequate resources, prescribe the duties of the public authorities, including regional and local authorities, and private actors and ensure participation and consultation with those affected. 36 Ensuring that any new housing is developed in accordance with barrier -free design requirements is an immediate obligation of States. States must also adopt, as quickly as possible, legislation and plans to ensure that barriers in existing housing are removed over time. 37 4. Participation and access to justice 42. Participation is integral to the implementation of the right to housing of persons with disabilities. In article 4 (3) of the Convention, it is stated that, in the implementation of legislation, policy or other decisions, States must closely consult with and actively involve persons with disabilities through their representative organizations. As stated by the Special Rapporteur on the rights of persons with disabilities, participation leads to the promotion of agency and empowerment, ownership, pride and better decisions, since persons with disabilities are best placed to identify their diverse needs. 38 Effective participation, however, must be grounded in human rights and meaningful accountability. Under article 33 of the Convention, all States are required to develop independent institutions to monitor its implementation, including the right to housing, ensuring that persons with disabilities and their representative organizations are involved and participate fully in the monitoring process. 43. Under article 13 of the Convention, it is required that persons with disabilities have effective access to justice in all stages of legal proceedings, on an equal basis with others. States should ensure access to justice for claims relating to the right to adequate housing of persons with disabilities, establish complaints and accountability mechanisms and ensure that courts are authorized and adequately resourced to hear and adjudicate claims relating to the right to adequate housing of persons with disabilities. National human rights institutions also have an important role to play in facilitating participation and effective monitoring by providing independent accountability mechanisms and in facilitating access to justice through complaints procedures or by supporting or initiating systemic claims before courts or tribunals. __________________ 35 36 37 38 17-11724 Gerard Quinn, “The interaction of non-discrimination with article 9: added reasonment”, unpublished paper, September 2010, cited by Janet Lord in a presentation given in 2010 for the general day of discussion on accessibility of the Committee on the Rights of Persons with Disabilities. Committee on Economic, Social and Cultural Rights, general comment No. 4, para. 12; Committee on the Rights of Persons with Disabilities, general comment No. 2, para. 24. Committee on the Rights of Persons with Disabilities, general comment No. 2, para. 14. A/HRC/31/62, paras. 28-31. 13/23

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