81. It has been clear since the 1980s that human rights give rise to different types of
obligations, widely known as obligations to respect, protect and fulfil human
rights.12 Understanding that human rights give rise to these obligations makes it
easier to hold governments accountable and to identify human rights violations.
The obligations to respect and protect often tend to be less costly than the
obligation to fulfil.
82. The human rights obligations to respect, protect and fulfil apply to the right to a
decent home. These obligations are inextricably connected with the Crown’s
obligations arising from Te Tiriti, for example, to actively protect Māori
rangatiratanga over taonga, including land. By way of illustration, some of these
obligations, and corresponding violations, are outlined in the following
paragraphs.
83. The obligation to respect places a responsibility on the government to refrain
from interfering directly or indirectly with the enjoyment of the right to a decent
home grounded in Te Tiriti. For example, the government must neither
discriminate in the provision of state housing, nor put in place restrictive housing
regulations that are irrational, unfair and culturally inappropriate.
84. Violations of the obligation to respect include:
a) forcible eviction from state housing without procedural fairness.
b) direct discrimination in relation to state housing;
c) barriers to housing that are irrational, unfair, culturally inappropriate or
inconsistent with Te Tiriti e.g. unjustified restrictive housing regulations;
d) a housing initiative that fails to respect Te Tiriti;
e) indirect discrimination in relation to state housing e.g. an inadequate
percentage of accessible state houses for disabled people;
f) damp state housing causing ill-health of tenants;
g) state-owned enterprises that pollute and cause ill-health of inhabitants
(whether in state or private housing);
85. The obligation to protect means that the government must prevent third parties,
such as private landlords, from interfering with the enjoyment of the right to a
decent home grounded on Te Tiriti. For example, the government must take all
reasonable steps to ensure that private landlords (a) do not discriminate in the
provision of housing and (b) provide warm, dry, healthy, decent homes.
86. Violations of the obligation to protect include ineffective regulation to stop:
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