26
23
ibid, para. 30.
24
CESCR Concluding Observations on the Fourth Periodic Report of New Zealand, May 2018 (UN Doc. No.
E/C.12/NZL/CO/41), para. 32.
25
CESCR, General Comment No. 23 on the right to just and favourable conditions of work, para. 1.
26
The right to social security is enshrined in article 9 of the ICESCR, and elaborated by the CESCR in General
Comment No. 19 on social security. See further, Report of the UN Special Rapporteur on extreme poverty
and human rights, Philip Alston, on the implementation of the right to social protection through the adoption
of social protection floors, 11 August 2014 (UN Doc. A/69/297). It is further protected in CEDAW (article 14),
CRC (article 26), and the CRPD (article 28).
27
CESCR in General Comment No. 19, para. 1.
28
ibid.
29
CESCR General Comment No. 19, para. 2; CESCR General Comment No. 23, para. 1.
30
The right to housing is set out in article 11 of the ICESCR, which protects the right to an adequate standard
of living. CESCR has developed a number of interpretive guides to understanding this right, in particular
General Comment No. 4 on the right to adequate housing, and General Comment No. 7 on the prohibition
against forced evictions. The Committee, along with the various UN Special Rapporteur on the Right to
Housing mandate-holders, have elaborated seven normative components of the right to housing: (i) security
of tenure, for example legal protection from arbitrary eviction; (ii) availability of services, for example
sustainable access to potable water, sanitation and emergency services; (iii) affordability, for example
housing costs as a ratio of income; (iv) habitability, for example the soundness of physical structure and
the absence of dampness and crowding; (v) accessibility, for example by all ethnic, racial, national minority
and other social groups; (vi) location, for example in relation to employment and schools; and (vii) cultural
adequacy, for example taking into account traditional housing patterns.
31
The right to housing for women, children and disabled people, respectively, is specifically mentioned in
CEDAW, the CRC and the CRPD. Further, the right to housing is protected in the CERD (article 5), CMW (article
43), the International Convention relating to the Status of Refugees (article 21), and the UNDRIP (article 21).
32
Most recently, housing in Aotearoa New Zealand was the subject of a mission and report by the UN Special
Rapporteur on the right to housing, Leilani Farha, to be presented to the UN Human Rights Council in 2020.
33
CESCR Concluding Observations on the Fourth Periodic Report of New Zealand, May 2018 (UN Doc. No.
E/C.12/NZL/CO/41), para. 39.
34
The right of everyone to the enjoyment of the highest attainable standard of physical and mental health,
often referred to as the right to health, is set out in article 12 of the ICESCR, and further elaborated in CESCR,
General Comment No. 14 on the right to the highest attainable standard of health (Article 12), 2000 (UN Doc.
E/C.12/2000/4). The right to health is also protected in other international human rights law treaties to which
Aotearoa New Zealand is a party, including CERD (article 5), CEDAW (articles 11, 12 and 14), CRC (article 24),
CMW (articles 28, 43, and 45), and the CRPD (article 25). See further WHO and OHCHR, Fact Sheet No. 31 on
the Right to Health, 2008, available at https://www.ohchr.org/Documents/Publications/Factsheet31.pdf
35
Report of the UN Special Rapporteur on the right of everyone to the enjoyment of the highest attainable
standards of physical and mental health, Paul Hunt, 13 February 2003 (UN Doc. E/CN.4/2003/58).
36
CESCR, General Comment No. 14.
37
OHCHR and WHO, Human Rights, Health and Poverty Reduction Strategies, Health and Human Rights
Publications Series, Issue No 5, December 2008, available at https://www.who.int/hdp/publications/human_
rights.pdf
Human Rights Responses to Poverty in Working Households