Who is responsible for the human right to a decent home?
The right to a decent home as informed by and
giving effect to te Tiriti o Waitangi doesn’t just
place obligations on central and local government.
It also includes responsibilities for others, including
the private sector, landlords, property managers,
service providers, and tenants.
The government has the main responsibility
to progress and fulfil the right to a decent
home, because it has made this commitment in
international law.
The government is also responsible for making
sure others, including the private sector, respect
and contribute to achieving the right to a decent
home for everyone. For example, government
must take reasonable steps to make sure that
private landlords:
• Don’t unlawfully discriminate against people
when they are providing housing
•
Provide decent homes that are consistent with
the key features of this human right (warm,
dry, safe, healthy, accessible, and affordable).
The United Nations Guiding Principles on Business
and Human Rights, which the government has
affirmed, says “Business enterprises should
respect human rights. This means that they should
avoid infringing on the human rights of others and
should address adverse human rights impacts with
which they are involved.”
What does the right to a decent home include?
A decent home has key features that can
be measured
The United Nations have highlighted seven
principles that help determine whether housing is
adequate and decent. These principles don’t sit in
isolation – they overlap with each other.
If our homes and housing initiatives don’t reflect
these principles, they are not achieving the right
to a decent home, unless it can be shown that all
reasonable steps have been taken to comply.
A decent home is habitable
Our homes should be warm, dry,
and healthy, and protect us from
cold, damp, heat, rain, wind,
structural hazards, disease, and
other threats to our health. Our
homes should protect us from
and mitigate the effects of climate change.
A decent home is affordable
Our housing costs should not
compromise our ability to afford
other basic and reasonable
needs such as doctor’s visits and
groceries. Housing is usually
understood as unaffordable
when housing costs are more than 30% of a
household’s take-home income. In particular,
tenants should be protected appropriately against
unreasonable rent levels and increases.
A decent home is accessible
We should all be able to
access a home that meets
our needs, whether through
home ownership, private
rental, social housing, or other
forms of housing. Accessibility
has multiple different levels
The right to a decent home in Aotearoa – for the private sector
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