United Nations, The legal responsibility of local authorities to respect the right to housing
The United Nations Special Rapporteur on adequate housing Leilani Farha
We are publishing the Report of the United Nations Special Rapporteur for the Right to Housing, presented during the 28th sessión of the United Nations Human Rights Council (Geneva , 2-27th March 2015). It is a very important document in that it clarifies that the ratification by States signatory to the International Covenant for Economic, Social and Cultural Rights, establishes the legal obligation by local authorities to protect this right through effective actions and policies.
It is to be read closely and used during local conflicts, notably in the fight against evictions, wherein local authorities ofteh play a primary role.
This means that there are no excuses for the disengagement of certain local authorities. On the contrary, it has to be clear to the whole world that they also have legal obligations to act to defend the right to housing.
HRC 28th session (2-27 March 2015)
Annual report: UN Special Rapporteur on Right to adequate Housing:
Responsibilities of local and other subnational governments in relation to the right to adequate housing
A/HRC/28/62
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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, Leilani Farha
| Summary |
| The present report is submitted by 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, Leilani Farha, in accordance with Human Rights Council resolutions 15/8 and 25/17. The report focuses on the roles of local and other subnational levels of government and considers how they can be fully engaged in the realization of the right to adequate housing. In the context of a trend toward decentralization of responsibilities, the report finds that while decentralization may have significant advantages, it must always be guided by human rights. Local and subnational governments should be cognizant of and accountable to the human rights obligations that go along with their growing responsibilities and States must ensure that they have the capacity and resources needed to fulfil those obligations. |
| While international human rights obligations extend to all levels of government, international human rights mechanisms tend to focus more on the role of national level governments. The Special Rapporteur emphasizes the importance of international human rights mechanisms engaging constructively with the responsibilities of local governments and finds that communications procedures and country missions provide positive opportunities in that regard. |
| The report finds that housing rights claims at the domestic level often address the role of local and other subnational governments and have generated contextualized understandings of the right to adequate housing. Drawing inspiration from emerging human rights initiatives bringing together cities and subnational governments, civil society, community-based organizations and human rights institutions, the report underscores the benefit of interactive relationships with local struggles for the realization of the right to adequate housing. |
Contents
I. Introduction
II. International human rights framework
III. Responsibilities of local and other subnational governments in relation to the right to adequate housing
IV. Challenges to the implementation of the right to adequate housing by local and other subnational level governments
V. International accountability
A. Treaty body monitoring mechanisms
B. Universal periodic review
C. Special procedures
VI. Accountability under domestic law
VII. Emerging initiatives for human rights accountability of subnational level governments in relation to housing
A. Cities and human rights
B. Access to justice at the local and subnational levels
VIII. Conclusions and recommendations
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