RES/37/4 Adequate housing as a component of the right to an adequate standard of living, and the right to non-discrimination in this context

 GE.18-05509(E)



Human Rights Council Thirty-seventh session

26 February–23 March 2018

Agenda item 3

Resolution adopted by the Human Rights Council on 22 March 2018

37/4. Adequate housing as a component of the right to an adequate standard

of living, and the right to non-discrimination in this context

The Human Rights Council,

Guided by the Charter of the United Nations,

Recalling the Universal Declaration of Human Rights, the International Covenant on

Economic, Social and Cultural Rights, the International Covenant on Civil and Political

Rights, the International Convention on the Elimination of All Forms of Racial

Discrimination, the Convention on the Elimination of All Forms of Discrimination against

Women, the Convention on the Rights of the Child and the Convention on the Rights of

Persons with Disabilities,

Recalling also all previous resolutions of the Human Rights Council and those

adopted by the Commission on Human Rights on the issue of the right to adequate housing

as a component of the right to an adequate standard of living, including Council resolutions

31/9 of 23 March 2016 and 34/9 of 23 March 2017,

Recalling further General Assembly resolution 70/1 of 25 September 2015 entitled

“Transforming our world: the 2030 Agenda for Sustainable Development”, in which the

Assembly adopted a comprehensive, far-reaching and people-centred set of universal and

transformative Sustainable Development Goals and targets, inter alia, the importance of

making cities and human settlements inclusive, safe, resilient and sustainable,

Recalling all previous resolutions adopted by the Commission on Human Rights on

the issue of women’s equal rights to ownership of, access to and control over land and the

equal rights to own and inherit property and to adequate housing, including resolution

2005/25 of 15 April 2005 on women’s equal ownership, access to and control over land and

the equal rights to own property and to adequate housing, and emphasizing the need, in

ensuring housing affordability, to develop strategies that take into account women’s

economic conditions and status, including as a result of gender wage gaps,

Reaffirming the principles and commitments with regard to adequate housing

enshrined in the relevant provisions of declarations and programmes adopted at major

United Nations conferences and summits and at special sessions of the General Assembly

and their follow-up meetings, inter alia, the New Urban Agenda, adopted at the United

Nations Conference on Housing and Sustainable Urban Development (Habitat III),

Recalling that States have the primary responsibility to ensure the full realization of

all human rights and to endeavour to take steps, individually and through international

assistance and cooperation, especially economic and technical, to the maximum of their

available resources, with a view to progressively achieving the full realization of the right

to adequate housing as a component of the right to an adequate standard of living by all

appropriate means, including the adoption of legislative measures,

Emphasizing that the adverse effects of climate change have a range of implications,

both direct and indirect, for the effective enjoyment of human rights, inter alia, the right to

adequate housing as a component of the right to an adequate standard of living, and

welcoming the adoption and nearly universal ratification of the Paris Agreement under the

United Nations Framework Convention on Climate Change, and calling upon States to

continue its implementation, as applicable,

Expressing deep concern at the number and scale of natural disasters and their

negative impact on the right to adequate housing, and in this regard affirming the need for

the continued implementation of the Sendai Framework for Disaster Risk Reduction 2015-

2030,

Noting with appreciation the work of the treaty bodies, in particular the Committee

on Economic, Social and Cultural Rights, in the promotion of the rights relating to adequate

housing as a component of the right to an adequate standard of living, including all its

relevant general comments and, for States parties to the Optional Protocol to the

International Covenant on Economic, Social and Cultural Rights, the examination of

individual communications,

Recalling the guiding principles on security of tenure for the urban poor, as laid out

in the report of the Special Rapporteur on adequate housing as a component of the right to

an adequate standard of living, and on the right to non-discrimination in this context,1

Concerned that the right to adequate housing is not realized for many throughout the

world and that millions continue to live in substandard housing and millions more are

homeless or at immediate risk of homelessness, and recognizing that this situation should

be addressed by urgent and immediate measures by States, in accordance with existing

international human rights commitments and obligations and with the support, where

necessary, of the international community,

Deeply concerned that inadequate housing, homelessness and forced eviction

disproportionately affect women, children and persons with disabilities, and other persons

who are marginalized and most vulnerable, each in different ways but with common

structural causes, and that homelessness and tenure insecurity per se might result in

discrimination, criminalization and further exclusion, particularly social and economic

exclusion,

Reaffirming that everyone is entitled to the right to adequate housing as a component

of the right to an adequate standard of living without discrimination of any kind as to race,

colour, sex, language, religion, political or other opinion, national or social origin, property,

birth or other status,

Emphasizing the importance of housing to dignity and equal rights for persons with

disabilities, who often face widespread and severe forms of discrimination in virtually all

aspects of housing, from the inaccessible design of buildings to barriers to finance or

discriminatory tenant selection and various forms of stigmatization, and acknowledging in

particular that persons with disabilities are at a greater risk of violence within and outside of

their homes simply because of their disability,

Recognizing that security of tenure enhances the enjoyment of the right to adequate

housing and is significant to the enjoyment of many other economic, social, cultural, civil

and political rights, and that all persons should possess a degree of security of tenure that

guarantees legal protection against forced eviction, harassment and other threats,

1 A/HRC/25/54.

Deeply concerned that investment in housing has often become primarily a financial

instrument solely and exclusively focused on seeking high returns, disconnecting it from its

social function as a place to live in security and dignity,

1. Welcomes the work of the Special Rapporteur on adequate housing as a

component of the right to an adequate standard of living, and on the right to non-

discrimination in this context, including the undertaking of country missions, and takes note

of her reports;

2. Calls upon States:

(a) To implement the 2030 Agenda for Sustainable Development, including

target 11.1, and in this context urges States to adopt, in consultation with relevant

stakeholders, including civil society, national human rights institutions and the private

sector, inclusive and cross-sectoral strategies that respect, protect and fulfil the human

rights of all, and to ensure that these strategies outline clear responsibilities at all levels of

government, contain measurable goals, targets and timelines and include appropriate

mechanisms for regular monitoring and review, with particular emphasis on the needs of

persons who are marginalized and most vulnerable;

(b) To give due consideration to integrating the human right to adequate housing

as a component of the right to an adequate standard of living in the implementation of the

New Urban Agenda;

(c) To take positive measures with a view to prevent and eliminate homelessness

by adopting and implementing cross-sectoral strategies that are gender-, age- and disability-

responsive and based on international human rights law;

(d) To take measures necessary to curb factors that result in a lack of affordable

housing, such as housing speculation and the “financialization of housing”,2 and to ensure

an effective remedy and the right to access to justice for all for violations in the context of

the realization of the right to adequate housing as a component of the right to an adequate

standard of living, including measures necessary to ensure that women and persons at risk

have equal access to justice;

(e) To ensure that the principles of equality and non-discrimination are respected

when fulfilling the right to adequate housing, and in this respect to take measures to the

maximum of available resources to address systemic homelessness and deprivation of

housing, which disproportionately affects persons with disabilities, and to strive towards the

full realization of the right to adequate housing for all, including for persons with

disabilities;

(f) To take steps necessary to ensure women’s equal right to adequate housing in

all aspects of housing strategies by, inter alia, addressing women’s distinct housing

experiences, including discrimination, violence against women and the disproportionate

impact on women of forced evictions, inadequate water and sanitation services and

pervasive poverty, and by undertaking legislative and other reforms to realize the equal

rights of women and men, as well as girls and boys where applicable, to access economic

and productive resources, including land and natural resources, and property and

inheritance rights;

3. Requests the Special Rapporteur, in fulfilling her mandate, to participate in

relevant international dialogues and policy forums relating to the implementation of the

2030 Agenda for Sustainable Development, particularly the implementation of Goals 1 and

11, and the New Urban Agenda, taking into account the need for an integrated approach to

the implementation of the 2030 Agenda for sustainable development, and to undertake

thematic research with a view to advise States, intergovernmental organizations, civil

society and other stakeholders on how to effectively respect, protect and fulfil the right to

adequate housing, and non-discrimination in this context;

2 See A/HRC/34/51.

4. Requests the Secretary-General and the United Nations High Commissioner

for Human Rights to provide all the assistance necessary to the Special Rapporteur for the

effective fulfilment of her mandate;

5. Notes with appreciation the cooperation extended to date to the Special

Rapporteur by different actors, and calls upon States:

(a) To continue to cooperate with the Special Rapporteur in the discharge of her

mandate and to respond favourably to her requests for information and visits;

(b) To enter into a constructive dialogue with the Special Rapporteur with

respect to the follow-up to and implementation of her recommendations;

6. Decides to continue its consideration of this matter under the same agenda

item.

53rd meeting

22 March 2018

[Adopted without a vote.]