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Financialization of housing and the right to adequate housing 2017, para. 14
- Paragraph text
- The tripartite obligations of States in relation to the management of financial markets and the regulation of private actors are often interpreted too narrowly. Under international human rights law, States' obligations in relation to private investment in housing and the governance of financial markets extend well beyond a traditional understanding of the duty to simply prevent private actors from actively violating rights. The assumption, bolstered by neo-liberalism, that States should simply allow markets to work according to their own rules, subject only to the requirement that private actors "do no harm" and do not violate the rights of others, is simply not in accordance with the important obligation to fulfil the right to adequate housing by all appropriate means, including legislative measures.
- Organe
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2017
Paragraphe
Financialization of housing and the right to adequate housing 2017, para. 17
- Paragraph text
- The Committee on Economic, Social and Cultural Rights has suggested that the obligation to fulfil incorporates both an obligation to facilitate and an obligation to provide. In the context of the critical relationship between housing and financial markets, the articulation of a State's fulfilment obligation to not only provide housing when needed but also to facilitate the implementation of the right to housing is helpful in capturing the wide range of States' obligations to ensure that financial markets and the actions of private investors work towards the realization of the right to adequate housing.
- Organe
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- N.A.
- Année
- 2017
Paragraphe
Financialization of housing and the right to adequate housing 2017, para. 64
- Paragraph text
- Despite the growing attention to the importance of business and human rights and despite the fact that housing represents the largest global business sector, very little attention has been paid to the obligations of business enterprises and financial corporations operating in the real estate and housing sector with respect to the right to adequate housing. The "Practical guide to ESG integration for equity investing", for example, makes no reference to human rights in relation to investments in housing and other real estate. The International Organization of Securities Commissions, whose members regulate more than 95 per cent of the world's capital markets, has not addressed the central role that human rights in general and the right to housing in particular should play in the regulation of capital markets.
- Organe
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2017
Paragraphe
The right to adequate housing of persons with disabilities 2017, para. 44
- Paragraph text
- Article 2 (1) of the Convention mirrors the International Covenant on Economic, Social and Cultural Rights in its provision that each State party shall undertake to take measures to the maximum of its available resources, with a view to achieving progressively the full realization of the rights enshrined in those instruments. The reasonableness standard has been incorporated into the Optional Protocol to the Covenant. Courts, treaty bodies and commentators have articulated a standard of “reasonableness” in assessing whether the positive measures taken by States meet the requirements of international human rights law.
- Organe
- Rapporteur spécial sur le logement convenable en tant qu'élément du droit à un niveau de vie suffisant
- Type de document
- Rapport des procédures spéciales
- Thèmes
- Égalité & Inclusion
- Gouvernance & l'état de droit
- Santé
- Personnes concernées
- N.A.
- Année
- 2017
Paragraphe
Financialization of housing and the right to adequate housing 2017, para. 66
- Paragraph text
- Business and human rights guidelines in the housing sector must recognize the responsibility of private investors and the obligations of regulators of capital markets to ensure that the needs of vulnerable and marginalized groups are adequately addressed through inclusive investment strategies and to contribute to the realization of the right to housing and the implementation of the 2030 Agenda and the New Urban Agenda.
- Organe
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Equality & Inclusion
- Social & Cultural Rights
- Personnes concernées
- N.A.
- Année
- 2017
Paragraphe
The right to adequate housing of persons with disabilities 2017, para. 41
- Paragraph text
- 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”. 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. 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.
- Organe
- Rapporteur spécial sur le logement convenable en tant qu'élément du droit à un niveau de vie suffisant
- Type de document
- Rapport des procédures spéciales
- Thèmes
- Droits sociaux et culturels
- Égalité & Inclusion
- Gouvernance & l'état de droit
- Personnes concernées
- N.A.
- Année
- 2017
Paragraphe
Financialization of housing and the right to adequate housing 2017, para. 77b
- Paragraph text
- [The Special Rapporteur suggests that the way forward requires a shift to take hold so that States ensure that all investment in housing recognizes its social function and States' human rights obligations in that regard. That requires a transformation of the relationship between the State and the financial sector, whereby human rights implementation becomes the overriding goal, not a subsidiary or neglected obligation. The Special Rapporteur believes that can be achieved with more constructive engagement and dialogue between States, human rights actors, international and domestic financial regulatory bodies, private equity firms and major investors. In order to create those new conversations and achieve that shift, the Special Rapporteur recommends the following:] Strategies developed by States and local governments to achieve target 11.1 of the Sustainable Development Goals and the New Urban Agenda should include a full range of taxation, regulatory and planning measures in order to re-establish housing as a social good, promote an inclusive housing system and prevent speculation and excessive accumulation of wealth;
- Organe
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- N.A.
- Année
- 2017
Paragraphe
Financialization of housing and the right to adequate housing 2017, para. 38
- Paragraph text
- Patterns of inequality are often starkest in developing countries. In Africa, if current trends continue, the number of households living in informal settlements will continue to increase while the number of ultra-high-net-worth individuals is predicted to rise by almost 50 per cent in the next decade.
- Organe
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Equality & Inclusion
- Poverty
- Personnes concernées
- N.A.
- Année
- 2017
Paragraphe
Homelessness as a global human rights crisis that demands an urgent global response 2016, para. 17b
- Paragraph text
- [In light of these considerations, the Special Rapporteur proposes the following three-dimensional approach anchored in human rights:] The second dimension considers homelessness as a form of systemic discrimination and social exclusion, recognizing that being deprived of a home gives rise to a social identity through which "the homeless" is constituted as a social group subject to discrimination and stigmatization;
- Organe
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Social & Cultural Rights
- Personnes concernées
- N.A.
- Année
- 2016
Paragraphe
Homelessness as a global human rights crisis that demands an urgent global response 2016, para. 91g
- Paragraph text
- [In line with the present conclusions, the Special Rapporteur offers the following recommendations to States:] A careful review of existing legislation and policies must be undertaken to ensure that those that include discriminatory intent or effect against people who are homeless are repealed or amended, in compliance with international human rights law. Funding or transfer payments for local programmes should be made conditional on the elimination of all laws that criminalize or discriminate against homeless persons;
- Organe
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Personnes concernées
- N.A.
- Année
- 2016
Paragraphe
Homelessness as a global human rights crisis that demands an urgent global response 2016, para. 74
- Paragraph text
- The Special Rapporteur's consultations suggested that, while effective policy responses depend on particular circumstances, effective strategies must always be multi-pronged, engage a range of policies and programmes and address simultaneously social exclusion and housing deprivation. Most importantly, strategies must be led by stakeholders, combining social mobilization with legislative and policy reform.
- Organe
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- N.A.
- Année
- 2016
Paragraphe
Homelessness as a global human rights crisis that demands an urgent global response 2016, para. 49a
- Paragraph text
- [State obligations in relation to homelessness have been clearly articulated and can be summarized as follows:] States have an immediate obligation to adopt and implement strategies to eliminate homelessness. These strategies must contain clear goals and timelines and must set out the responsibilities of all levels of government and of other actors for the implementation of specific, time-bound measures, in consultation with and with participation by homeless people;
- Organe
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2016
Paragraphe
Homelessness as a global human rights crisis that demands an urgent global response 2016, para. 91c
- Paragraph text
- [In line with the present conclusions, the Special Rapporteur offers the following recommendations to States:] Homelessness strategies must be cross-sectoral, clearly allocate and coordinate responsibilities of all levels of government and address the structural causes of homelessness, including those that are particular to the needs of marginalized or vulnerable groups;
- Organe
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Personnes concernées
- N.A.
- Année
- 2016
Paragraphe
Homelessness as a global human rights crisis that demands an urgent global response 2016, para. 15
- Paragraph text
- Different definitions of homelessness serve different purposes. A universally applied definition with common measurement, as proposed by the Institute of Global Homelessness could play an important role in promoting enhanced State accountability and informing development goals.
- Organe
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Personnes concernées
- N.A.
- Année
- 2016
Paragraphe
Homelessness as a global human rights crisis that demands an urgent global response 2016, para. 91d
- Paragraph text
- [In line with the present conclusions, the Special Rapporteur offers the following recommendations to States:] More reliable measures of homelessness, inclusive of less visible forms of homelessness and its qualitative dimensions, must be developed. Data collection methodologies should combine longitudinal analysis of homelessness with point-in-time counts. Beyond adopting definitions and methodologies suited to local circumstances, States and subnational governments should apply internationally agreed upon definitions, methodologies and indicators to permit a more objective assessment of progress made, including with respect to target 11.1 of the Sustainable Development Goals;
- Organe
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Personnes concernées
- N.A.
- Année
- 2016
Paragraphe
Homelessness as a global human rights crisis that demands an urgent global response 2016, para. 49f
- Paragraph text
- [State obligations in relation to homelessness have been clearly articulated and can be summarized as follows:] States have a firm legal obligation to regulate and engage with non-State actors so as to ensure that all of their actions and policies are in accordance with the right to adequate housing and the prevention and amelioration of homelessness. Regulation of private actors should include requirements on developers and investors to address homelessness and work in partnership to provide affordable housing in all developments;
- Organe
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2016
Paragraphe
Responsibilities of local and other subnational governments in relation to the right to adequate housing 2015, para. 76e
- Paragraph text
- [In line with the above-mentioned conclusions, the Special Rapporteur wishes to offer the following recommendations:] Any processes of decentralization in relation to housing should be guided and informed by human rights, in particular the right to adequate housing. Transfers of responsibility for housing or other programmes from one level of government to another should be accompanied by a clarification of concomitant human rights obligations including requirements of monitoring and accountability.
- Organe
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- All
- N.A.
- Année
- 2015
Paragraphe
Centrality of the right to adequate housing for the development and implementation of the New Urban Agenda to be adopted at Habitat III in October 2016 2015, para. 76j (iv)
- Paragraph text
- [The Special Rapporteur recommends that the urban rights agenda should:] The implementation of an urban rights agenda must include the following baseline human rights requirements: The use of human rights-based indicators to monitor the implementation of the urban rights agenda, measuring both the process of implementation and progressive outcomes. Indicators should focus not only on housing quality but also on access to justice for all aspects of the right to adequate housing, including security of tenure, non discrimination and positive obligations of governments towards marginalized groups.
- Organe
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Social & Cultural Rights
- Personnes concernées
- N.A.
- Année
- 2015
Paragraphe
Centrality of the right to adequate housing for the development and implementation of the New Urban Agenda to be adopted at Habitat III in October 2016 2015, para. 63
- Paragraph text
- A central question at Habitat III will be how to bring coherence and strategic transformation to interactive systems of law and policy so that the new urban agenda genuinely promotes sustainable urban development and access to adequate housing for all. A human rights approach focused on the right to adequate housing is critical to meeting this challenge, because it provides an overarching framework and vision that binds an array of laws and policies within a common purpose and shared set of values.
- Organe
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Social & Cultural Rights
- Personnes concernées
- N.A.
- Année
- 2015
Paragraphe
Responsibilities of local and other subnational governments in relation to the right to adequate housing 2015, para. 25
- Paragraph text
- The absence of human rights obligations in the priorities promoted by donor and international development agencies in the context of decentralization is also a challenge for the implementation of the right to adequate housing. For instance, in Indonesia, the International Monetary Fund, the World Bank, the Asian Development Bank, the United Nations Development Programme and other donor agencies, at the turn of the millennium, actively promoted decentralization without sufficient attention to human rights.
- Organe
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2015
Paragraphe
Responsibilities of local and other subnational governments in relation to the right to adequate housing 2015, para. 21c
- Paragraph text
- [The Special Rapporteur has identified a number of common challenges experienced at the local level with respect to the implementation of the right to adequate housing:] Overlapping, unclear and conflicting web of responsibilities: In countries with large and rapidly expanding urban and peri-urban populations, there is often a complex web of overlapping and colliding responsibilities between different levels of government and between local governments. It is very difficult to ensure accountability to human rights obligations if there is a lack of clarity about which levels of government are responsible for what. In many cases there is tension between the interests of national and local and other subnational governments regarding priorities. Those in need of housing are caught in the middle, with no level of government assuming responsibility. In some other cases, lack of clarity or multiple layers create power vacuums and can become a fertile ground for abuse of authority.
- Organe
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2015
Paragraphe
Responsibilities of local and other subnational governments in relation to the right to adequate housing 2015, para. 70
- Paragraph text
- Effective implementation of the right to adequate housing cannot be achieved without the proactive involvement of local and subnational governments. Just as there are key responsibilities assigned or delegated to local and subnational governments within their domestic spheres of competence, there are also obligations to which they are bound in international human rights law as related to the right to adequate housing.
- Organe
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2015
Paragraphe
Responsibilities of local and other subnational governments in relation to the right to adequate housing 2015, para. 76j
- Paragraph text
- [In line with the above-mentioned conclusions, the Special Rapporteur wishes to offer the following recommendations:] States should be encouraged to establish local and subnational human rights institutions to complement national human rights institutions. Human rights institutions should ensure effective monitoring and protection of the right to adequate housing and access to effective remedies in case of violations at the local and subnational levels.
- Organe
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2015
Paragraphe
Responsibilities of local and other subnational governments in relation to the right to adequate housing 2015, para. 76m
- Paragraph text
- [In line with the above-mentioned conclusions, the Special Rapporteur wishes to offer the following recommendations:] Cities and municipalities should consider the adoption of charters with explicit guarantees of the right to adequate housing in order to clarify, reinforce or strengthen existing domestic and international human rights obligations. Municipal charters of rights may incorporate communication and monitoring mechanisms through which local challenges can be identified and addressed within a human rights framework.
- Organe
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2015
Paragraphe
Responsibilities of local and other subnational governments in relation to the right to adequate housing 2015, para. 73
- Paragraph text
- The responsibilities of different levels of government are not self-standing. They rarely fall into watertight categories and usually involve collaboration among different levels of government, in addition to other public or private actors. Responsibilities are governed by agreements or joint initiatives among different levels of governments as well as by relationships with community-based organizations and civil society. Where national or regional governments provide funding for housing and related programmes, the realization of the right to adequate housing does not rely solely on one or the other level of government, but on their relationship.
- Organe
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2015
Paragraphe
Responsibilities of local and other subnational governments in relation to the right to adequate housing 2015, para. 76i
- Paragraph text
- [In line with the above-mentioned conclusions, the Special Rapporteur wishes to offer the following recommendations:] States should provide training for all local and subnational authorities about their obligations to ensure the right to adequate housing, non-discrimination and related human rights in all decisions, policies, plans and programmes. Judicial review of administrative decisions and policies should require consistency with the right to adequate housing and other human rights.
- Organe
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Personnes concernées
- N.A.
- Année
- 2015
Paragraphe
Responsibilities of local and other subnational governments in relation to the right to adequate housing 2015, para. 76g
- Paragraph text
- [In line with the above-mentioned conclusions, the Special Rapporteur wishes to offer the following recommendations:] States must ensure that local and subnational governments have adequate financial and other resources for the discharge of their responsibilities, with capacity to respond to changing housing needs at the local level, particularly of marginalized and disadvantaged groups.
- Organe
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Personnes concernées
- N.A.
- Année
- 2015
Paragraphe
Responsibilities of local and other subnational governments in relation to the right to adequate housing 2015, para. 76n
- Paragraph text
- [In line with the above-mentioned conclusions, the Special Rapporteur wishes to offer the following recommendations:] Civil society and community-based organizations should develop local initiatives to monitor the implementation of the right to adequate housing and develop locally-based human rights standards which are complementary to and compatible with international standards.
- Organe
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Personnes concernées
- N.A.
- Année
- 2015
Paragraphe
Responsibilities of local and other subnational governments in relation to the right to adequate housing 2015, para. 76a
- Paragraph text
- [In line with the above-mentioned conclusions, the Special Rapporteur wishes to offer the following recommendations:] States should encourage local and subnational level governments to actively participate in all relevant international human rights mechanisms, including treaty body review and complaint procedures, the universal periodic review and special procedures.
- Organe
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2015
Paragraphe
Centrality of the right to adequate housing for the development and implementation of the New Urban Agenda to be adopted at Habitat III in October 2016 2015, para. 76a
- Paragraph text
- [The Special Rapporteur recommends that the urban rights agenda should:] Elaborate, concretize and give meaning to target 11.1 of the proposed sustainable development goals regarding access to adequate housing for all, while also safeguarding its vital link to binding international human rights obligations;
- Organe
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Social & Cultural Rights
- Personnes concernées
- All
- N.A.
- Année
- 2015
Paragraphe