(e) Accessibility Adequate housing must be accessible
to those entitled to it. Disadvantaged groups must
be accorded full and sustainable access to adequate
housing resources. Thus, such disadvantaged groups
as the elderly, children, the physically disabled, the
terminally ill, HIV-positive individuals, persons with
persistent medical problems, the mentally ill, victims
of natural disasters, people living in disaster-prone
areas and other groups should be ensured some
degree of priority consideration in the housing sphere.
Both housing law and policy should take fully into
account the special housing needs of these groups.
Within
many
States
parties
increasing
by landless or impoverished
should constitute a central
access
to land
seqments of the society
policy goal. Discemible
governmental obligations need to be developed aiming
to substantiate the right of all to a secure place to live
in peace and dignity, including access to land as an
entitlement;
(f)
Location. Adequate
housing
must
be in a location
home or correspondence constitutes a very important
dimension in defining the right to adequate housing,
10. Regardless of the state of development of any
country, there are certain steps which must be taken
immediately, As recognized in the Global Strategy for
Shelter and in other international analyses, many of
the measures required to promote the right to housing
would only require the abstention by the Government
from certain practices and a commitment to facilitating
“self-help” by affected groups. To the extent that any
such steps are considered to be beyond the maximum
resources available to a State party, it is appropriate
that a request be made as soon as possible for
intemational cooperation in accordance with articles 11
(1), 22 and 23 of the Covenant, and that the Committee
be informed thereof.
11.
States parties must give due priority to those social
groups living in unfavourable conditions by giving them
particular consideration. Policies and legislation should
which allows access to employment options, health-care
correspondingly
services,
advantaged social groups at the expense of others.
The Committee Is aware that external factors can
affect the right to a continuous improvement of living
conditions, and that in many States parties overall
schools,
child-care
centres
and
other
social
facilities. This is true both in large cities and in rural
areas where the temporal and financial costs of getting
to and from the place of work can place excessive
demands
upon the budgets of poor households.
not be designed
to benefit already
Similarly, housing should not be built on polluted sites
living conditions declined during the 1980s. However,
as noted by the Committee in its General Comment 2
nor in immediate
(1990) (E/1990/23, annex Ill), despite externally caused
proximity
to pollution
sources
that
problems, the obligations under the Covenant continue
threaten the right to health of the inhabitants;
to apply and are perhaps even
(g) Cultural adequacy. The way housing is constructed,
the building materials used and the policies supporting
these
must
appropriately
enable
the
expression
of
cultural identity and diversity of housing. Activities
geared towards development or modernization in
the housing sphere should ensure that the cultural
dimensions of housing are not sacrificed, and that, inter
alia, modern technological facilities, as appropriate are
also ensured.
9. As noted above, the right to adequate housing
cannot be viewed in isolation from other human rights
more
pertinent during
times of economic contraction. It would thus appear
to the Committee that a general decline in living and
housing conditions, directly attributable to policy and
legislative decisions by States parties, and in the
absence
of accompanying
compensatory
measures,
would be inconsistent with the obligations under the
Covenant.
12, While the most appropriate means of achieving
the full realization of the right to adequate housing
will inevitably vary significantly from one State party
contained in the two International Covenants and other
applicable international instruments. Reference has
to another, the Covenant clearly requires that each
State party take whatever steps are necessary for
that purpose. This will almost invariably require the
already been
adoption ofa national housing strategy which, as stated
made
in this regard to the concept of
human dignity and the principle of non-discrimination. In
addition, the full enjoyment of other rights - such as the
right to freedom of expression, the right to freedom of
association (such as for tenants and other communitybased groups), the right to freedom of residence and
the right to participate in public decision-making - is
indispensable if the right to adequate
be
realized
Similarly,
or
and
maintained
housing
by all groups
the right not to be subjected
unlawful
interference
with
one's
is to
in society.
to arbitrary
privacy,
20 — chrP ECONOMIC, SOCIAL AND CULTURAL RIGHTS HANDBOOK
family,
in paragraph
32
of the
Global
Strategy
for Shelter,
"defines the objectives for the development of shelter
conditions, identifies the resources available to meet
these goals and the most cost-effective way of using
them and sets out the responsibilities and time-frame
for the implementation of the necessary measures”.
Both for reasons of relevance and effectiveness, as
well as In order to ensure respect for other human
rights, such a strategy should reflect extensive genuine
consultation with, and participation by, all of those