A/72/128
Government to enact a law to protect the rights of persons with psychosocial
disabilities and to arrange health services and other necessary measures. 62 Local and
international organizations have continued to exert pressure on the Government to
implement the Court’s order in line with the Convention on the Rights of Persons
with Disabilities. In a decision adopted in 2012, the Court ordered the Government
to provide a monthly stipend, build shelters and appoint a social welfare worker in
each district. 63
67. 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 interna tional human
rights law. 64 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”. 65 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. 66
VI. Housing legislation, policies and strategies for persons
with disabilities
68. 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. 67
69. Few States have developed rights-based strategies to address the housing
circumstances of persons with disabilities within their jurisdiction, and even fewer
have adopted a holistic and systemic approach. Many States continue to rely
predominantly on charities and operate within an outdated charitable model in
relation to disability. Where rights-based housing strategies and programmes have
been developed, they are often not matched with commitments of funds or effective
__________________
62
63
64
65
66
67
17-11724
See Sudharshan Subedi on behalf of the Nepal Disabled Human Rights Centre (DHRC) et al v.
Council of Ministers, 2063 B.S., writ No. 129, order date 16 October 2008.
See Supreme Court of Nepal, Order No. 068-WO-0188, 14 August 2012. Available from
http://dhrcnepal.org.np/wp-content/uploads/2016/09/Supreme-Court-Verdict-English.pdf.
Committee on Economic, Social and Cultural Rights, general comment No. 9 (1998) on the
domestic application of the Covenant, para. 3.
Ibid., para 15.
For example, Tanudjaja v. Canada (Attorney General), 2014 ONCA 852, para. 33; Hotak v.
London Borough of Southwark, [2015] UKSC 30, para. 91.
See Denmark, Act on the prohibition of discrimination on the labour market, No. 1349 of 2008;
Council of the European Union, Council Directive 2000/78/EC of 27 November 2000
establishing a general framework for equal treatment in employment and occupation; Chile, Act
establishing measures against discrimination, No. 20.609 of 2012 .
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