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 . 19/23

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