9. The International Bill of Rights, which New Zealand helped to draft, provides the
foundation for all international human rights. Successive New Zealand
governments have promised to comply with the International Bill of Rights, which
includes the right to a decent home.
10. Building on the International Bill of Rights, additional human rights agreements
have been adopted and several of them, such as the Convention on the Rights of
the Child, include the right to a decent home. The United Nations Declaration on
the Rights of Indigenous Peoples includes numerous provisions that highlight the
critical importance of home (kāinga) and land (whenua) to tangata whenua.
Successive New Zealand governments have helped to write these additional
human rights agreements and have also promised to comply with them.
11. Many of the international human rights promises made by New Zealand
governments are not only ethically compelling, they are also binding in
international law (Appendix 2). The right to a decent home is one of the human
rights that New Zealand has agreed, under binding international law, to
implement. This human right is well-established in international law. Although it
is binding on New Zealand in international law, the right to a decent home is
almost unknown and invisible in Aotearoa.
12. International law is silent on the socio-economic system required for
implementation of the right to a decent home.2 This deliberately neutral position
is subject to three important conditions. The socio-economic system - or road chosen:
a) must be consistent with human rights and democratic principles;
b) must reach the destination i.e. it must enhance enjoyment of the right to a
decent home, including for the most disadvantaged, such as those living in
poverty;
c) in Aotearoa, the road chosen - and destination - must be consistent with Te
Tiriti o Waitangi.
13. In addition to its binding international legal obligations in relation to the right to
a decent home, New Zealand has committed to reaching Sustainable
Development Goals, including: “By 2020, ensure access for all to adequate, safe
and affordable housing and basic services”.3
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