Section 4: Obligations and Violations 81. While the preceding section outlines the eight key features of the right to a decent home grounded on Te Tiriti, the present section looks at some of the obligations that arise in relation to these key features. Having identified the key features, and some of the obligations arising from them, it becomes possible to identify possible violations. This section signals some of the obligations, and possible violations, arising from the right to a decent home grounded on Te Tiriti. 82. The international right to a decent home is subject to progressive realisation and resource availability, both of which bear upon obligations and violations.28 So, a few comments are required about progressive realisation and resource availability before turning to obligations and violations. Progressive realisation 83. The right to a decent home gives rise to reasonable entitlements and obligations. It would be unreasonable to expect the right to a decent home to be implemented overnight. According to international human rights law, full implementation of the right to a decent home may be progressively realised over time. But progressive realisation must not be used as an escape hatch by the government to avoid or delay implementation of its binding international legal obligations. 32 Human Rights Commission 84. For this reason, the United Nations has confirmed that the government is required to take “steps which are deliberate, concrete and targeted as clearly as possible towards” realisation of the right to a decent home. Also, the government has a specific and continuing obligation “to move as expeditiously and effectively as possible towards” full implementation of the right to a decent home.29

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