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.
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