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.
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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