13. A decent home must be accessible to everyone
without discrimination on prohibited grounds,
such as disability, ethnicity, religion, age, gender
or sexual orientation. Effective measures, designed
to address the unfair disadvantage experienced by
some individuals and communities, are required.
14. In accordance with international human rights
treaties and declarations, ensure all individuals
and communities have the opportunity for active
and informed participation on housing issues
that affect them. Additionally, Te Tiriti requires
government to work in partnership, and share
decision-making, with its Tiriti partners.
15. Central and local government must have an
overarching housing strategy. The housing
strategy must be based on human rights and Te
Tiriti. Te Tiriti and human rights-based housing
strategy must have the right to a decent home at
its centre.
16. All housing initiatives must be subject to
constructive accountability i.e. initiatives must
be assessed against the human right to a
decent home grounded on Te Tiriti. Constructive
accountability must be both effective and
accessible to those in need.
17. If the government’s development and aid
programme includes housing initiatives, it has
a responsibility to ensure the initiatives are
consistent with the right to a decent home and,
where the recipient country has indigenous
peoples, the United Nations Declaration on the
Rights of Indigenous Peoples.
18. The right to a decent home grounded on Te Tiriti
places measurable obligations on central and
local government. Full implementation of the right
to a decent home may be progressively realised
over time. But central and local government
must take deliberate, concrete and targeted
steps towards realisation of the right to a decent
home. Government has a specific and continuing
obligation to move as expeditiously and effectively
as possible towards the human right’s full
implementation. Progress (or otherwise) must be
tracked by suitable indicators and benchmarks.
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Human Rights Commission
When prioritising in relation to the right to a
decent home, certain conditions apply, such as
consideration of colonisation and its continuing
impacts, Te Tiriti and the most disadvantaged
individuals and communities, including those
living in poverty.
19. Central and local government have obligations
arising from the right to a decent home grounded
on Te Tiriti. The obligation to respect places
a responsibility on government to refrain
from interfering directly or indirectly with the
enjoyment of the right to a decent home grounded
on Te Tiriti. The obligation to protect means
that 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. The obligation to fulfil
requires government to adopt all appropriate
measures, including legislative, administrative
and budgetary, to ensure the full realisation of
the right to a decent home grounded on Te Tiriti.
Breaches of these obligations may give rise to
violations of the right to a decent home grounded
on Te Tiriti.
20. The private sector has obligations arising from the
right to a decent home. Further attention should
be given to (a) clarifying the responsibilities of the
private sector in relation to the right to a decent
home grounded on Te Tiriti and (b) identifying
suitable constructive accountability arrangements
in relation to these private sector responsibilities.
21. These Guidelines provide a framework on which
we can all build. All stakeholders are encouraged
to develop and apply the framework with a view
to enhancing the right to a decent home grounded
on Te Tiriti for everyone in Aotearoa.