Obligations and violations
Progressively realised over time
International human rights law allows for the full
implementation of the right to a decent home
to be realised over time. Progressive realisation,
however, is not an excuse for government
to avoid or delay implementation of binding
international legal obligations. 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.
How to measure progressive realisation:
indicators and benchmarks
The United Nations has also confirmed that
progressive realisation of the right to a decent
home should be tracked by using indicators and
benchmarks. The indicators are broken down
into areas of prohibited discrimination, such as
ethnicity, disability, gender and age.
By way of Tiriti partnership and a consultative
process, attention should be given to identifying
suitable national indicators for the right to a
decent home in Aotearoa. The indicators will have
to reflect Te Ao Māori, tikanga and Te Tiriti.
Core obligations of immediate effect
The United Nations recognises that some features
of the right to a decent home are so important
they are deemed core obligations of immediate
effect i.e. these features are not subject to
progressive realisation over time. By way of
Tiriti partnership and a consultative process,
attention should be given to elaborating these
core obligations for the right to a decent home in
Aotearoa.
A human rights approach to policy making
The human right to a decent home is subject
to resource availability. Even high-income
countries, such as Aotearoa, cannot avoid difficult
decisions about resource allocation. Prioritisation
and trade-offs are common features of every
approach to policy making. The human rights
approach grounded on Te Tiriti is distinctive
because of the conditions it imposes on the
policy making process. The Guidelines outline the
conditions that apply to policy making in relation
to the right to a decent home grounded on Te
Tiriti.
Obligations to respect, protect and fulfil human
rights
Human rights give rise to different types of
obligations, widely known as obligations to
respect, protect and fulfil. Understanding that
human rights give rise to these obligations makes
it easier to hold central and local government
(and other duty-bearers) accountable and to
identify human rights violations. The Guidelines
outline some obligations and corresponding
violations in relation to the right to a decent home
grounded on Te Tiriti.
7