How can we make sure our rights are protected? The right to a decent home is a binding obligation in international law. However, in Aotearoa, it has not been explicitly incorporated into domestic human rights law, specifically the New Zealand Bill of Rights Act 1990. As a result, individuals cannot directly seek enforcement of this right through the court system in Aotearoa. There are some aspects of the right to a decent home that are reflected in our laws. For example, regulations like the Healthy Homes Standards help to protect habitability of our rental housing, and it is unlawful to discriminate against someone when you are providing housing or accommodation. Tenancy Services and the Tenancy Tribunal can handle complaints about Healthy Homes compliance and other aspects of the right to a decent home that are covered by our Residential Tenancies Act. The Human Rights Commission provides free mediation and dispute resolution for complaints of discrimination, including in housing. Some cases may be referred to the Office of Human Rights Proceedings, which is an independent part of the Commission that can take cases to the Human Rights Review Tribunal. These free mediation and legal services uphold the right to not be discriminated against in housing (one element of the right to a decent home), but the Commission is not legally able to provide the same services for other elements such as affordability or substandard housing conditions. While the direct enforceability of the right to a decent home may be limited within the current legal framework, it is important for individuals to be aware of their rights and the available channels to address housing-related issues. Engaging with organisations like the Commission can give you access to guidance and support in navigating instances of discrimination and seeking resolution through mediation or legal processes. Efforts are under way to further advance the recognition and enforceability of the right to a decent home within domestic legislation. Ongoing advocacy for its explicit inclusion in laws and policies is crucial. (See our concluding recommendations for an overview of how this should be implemented at a system level.) The right to a decent home includes a right to meaningful participation Inclusive participation is an essential feature of the right to a decent home. Everyone has the right to participate in decisions that affect their right to adequate housing, and participating in housing decision making – for example, in a policy development process – helps to ensure that the process is inclusive and accessible. The point of human rights-based participation is to empower individuals and communities to 32 Human Rights Commission actively influence the decisions, policies, rules, and conditions that directly affect their lives. When we don’t include everyone, we miss opportunities to improve our housing system. By centring human rights and embracing a comprehensive approach to participation, we seize opportunities to enhance our housing system and uphold the fundamental right to a decent home for all.45

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