As outlined in the Guidelines, the full
implementation of the right to a decent home may
be progressively realised over time.36 However, the
United Nations insists that some features of the
right to a decent home are so important that they
give rise to ‘core obligations of immediate effect’.37
In this report we call these ‘immediate obligations’,
because they must be delivered immediately –
they cannot be delivered slowly over time.
Here we signal four immediate obligations that
arise from the right to a decent home in relation
to homelessness. There may be others, and we
may refine these four immediate obligations in
light of discussions with duty-bearers (e.g. public
officials) and rights-holders (e.g. those without a
decent home). However, there is no doubt that
international human rights law places obligations
of immediate effect on local government, central
government, and the public sector in relation to
homelessness.
In this section we outline four immediate
obligations. In the next section we assess
whether these binding international human rights
obligations are being respected in Aotearoa New
Zealand.
Four immediate obligations of the
right to a decent home, in relation to
homelessness
Immediate obligation 1: Provide emergency
housing that meets minimum decency standards
and other key features of the right to a decent
home
Emergency housing is not required to fully meet
all requirements of the right to a decent home, but
it must provide for residents’ basic needs during
their stay. These basic needs include:
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Human Rights Commission
a) Minimum decency standards
Emergency housing must be clean, dry, safe,
secure, and in good repair. The UN decency
principles, as highlighted in the Guidelines,
require housing to provide for adequate space
and protection from cold, damp, heat, rain,
wind, disease and other threats to health.
They must ensure facilities essential for
health, security, and comfort, such as access
to safe drinking water, sanitation and washing
facilities, refuse disposal and emergency
services, and energy for heating, lighting, and
cooking.38
b) Other key features of the right to a decent
home
Emergency housing must be delivered in
accordance with equity, equality, and nondiscrimination. Emergency housing that fails to
meet the needs of the disabled population, for
example, is not consistent with the right to a
decent home.
Housing laws, regulations, rules, and
practices for emergency housing must be
fair, reasonable, proportionate, and culturally
appropriate.
These requirements of decency, equity,
equality, and non-discrimination, fairness,
reasonableness, proportionality, and
cultural appropriateness are all features of
the right to a decent home, as identified in
international human rights law and outlined
in the Guidelines. They apply to emergency
and transitional housing. However, whether
they are being met will depend on a range of
factors, such as the length of time someone is
likely to stay in the accommodation.