A/72/128
no reason other than their disability. They endure isolation, stigmatization and
discrimination in all aspects of housing, whether access, design or policy
development and implementation. Their very lives are imperilled by housing
and communities that are based on exclusion and uniformity rather than
inclusion and diversity. Yet it is on the basis of those experiences and the claims
to equal dignity and rights advanced by those affected that the disability
human rights paradigm has emerged. This paradigm has the potential to
breathe new life into the right to adequate housing because it underscores and
amplifies the essence of that right, namely, having a place to live in dignity, it
allows persons with disabilities to participate in their communities and it
recognizes diversity as a strength that makes households and communities
thrive.
81. If the immense potential of the integration of the disability rights
paradigm with the right to housing is to be realized, States and other actors will
have to make a fundamental shift in the way in which they think about and
interact with the human rights of persons with disabilities.
82. In that regard,
recommendations:
the
Special
Rapporteur
offers
the
following
(a) In consultation with persons with disabilities and their organizations,
States should:
(i) Prioritize and recognize in domestic law the obligation to realize the
right to housing of persons with disabilities to the maximum of available
resources, tying this legal obligation to the commitment to ensure
adequate housing for all by 2030, in accordance with target 11.1 of the
Sustainable Development Goals;
(ii) Ensure that non-discrimination provisions are based on substantive
equality, recognizing positive obligations to address the systemic
inequality in housing experienced by persons with disabilities;
(iii) Ensure that all persons with disabilities are able to live free from
institutionalization and that access to adequate housing, the requisite
services and appropriately trained support is provided in the community;
(iv) Ensure access to justice and effective accountability mechanisms for
claims to the right to adequate housing by persons with disabilities,
including when States have failed to adopt reasonable programmatic
measures to realize the right;
(v) Adopt a clear policy framework for the inclusion of all persons with
disabilities in all areas of housing policy and design, ensuring that those
living in poverty or homelessness, women, ethnic, religious or linguistic
minorities, indigenous peoples, migrants and both young and older
persons are fully included;
(vi) Design and implement both qualitative and quantitative data
collection about the housing circumstances of persons with disabilities,
disaggregated on the basis of the standard survey questions of the
Washington Group on Disabilities;
(vii) Address homelessness among persons with disabilities on an urgent
basis and prioritize measures to address the circumstances of those living
in informal settlements and homeless encampments;
22/23
17-11724
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