How can we make sure our rights are protected? The right to a decent home is a binding obligation in international law. However, in Aotearoa, it has not been explicitly incorporated into domestic human rights law, specifically the New Zealand Bill of Rights Act 1990. As a result, individuals cannot directly seek enforcement of this right through the court system in Aotearoa. There are some aspects of the right to a decent home that are reflected in our laws. For example, regulations like the Healthy Homes Standards help to protect habitability of our rental housing, and it is unlawful to discriminate against someone when you are providing housing or accommodation. Tenancy Services and the Tenancy Tribunal can handle complaints about Healthy Homes compliance and other aspects of the right to a decent home that are covered by our Residential Tenancies Act. The Human Rights Commission provides free mediation and dispute resolution for complaints of discrimination, including in housing. Some cases may be referred to the Office of Human Rights Proceedings, which is an independent part of the Commission that can take cases to the Human Rights Review Tribunal. These free mediation and legal services uphold the right to not be discriminated against in housing (one element of the right to a decent home), but the Commission is not legally able to provide the same services for other elements such as affordability or substandard housing conditions. While the direct enforceability of the right to a decent home may be limited within the current legal framework, it is important for individuals to be aware of their rights and the available channels to address housing-related issues. Engaging with organisations like the Commission can give you access to guidance and support in navigating instances of discrimination and seeking resolution through mediation or legal processes. 6 Human Rights Commission Accountability and participation are both key features of the right to a decent home. You have the right to participate in housing decision making, and to call for people to be held responsible for progressing the right to a decent home. One of our Inquiry’s key recommendations is creating effective accountability structures that will keep our housing system on track and hold government to account on delivering the right to a decent home as they have promised. Achieving the right to a decent home requires accountability Effective and accessible accountability is a crucial feature of human rights, including the right to a decent home. Without accountability, the right to a decent home can become an empty promise. Accountability is about ensuring our laws, policies, strategies, plans, and promises are respected. It does not need to be about blame and punishment. But it’s not enough for government just to monitor and keep an eye on what’s happening. It’s about identifying what works so it can be repeated and what doesn’t work so it can be adjusted and fixed for the future. Accountability can hold different cultural meanings and can be designed in different ways to reflect cultural understandings, needs, and customs. Here, we talk about a particular framework of accountability that is used in the human rights field (called constructive accountability). If you are interested in exploring the topic of accountability from a te ao Māori perspective, you can read about our discussion paper Understanding Accountability for Māori.

اختر الفقرة المستهدفة3