Indicators and benchmarks
85. The United Nations has also confirmed
that progressive realisation of the right to
a decent home, or the lack of it, can and
should be tracked by using suitable indicators
and benchmarks.30 The indicators require
disaggregation on prohibited grounds of
discrimination, such as ethnicity, disability,
gender and age.
86. 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.
87. Additionally, communities should be
encouraged to identify indicators that are
meaningful in their neighbourhoods. In this
way, communities can hold accountable those
who are responsible for the right to a decent
home in their localities.
Core obligations of immediate effect
88. The United Nations recognises some features
of the right to a decent home are so important
that they give rise to core obligations of
immediate effect i.e. these features are not
subject to progressive realisation over time.
For example, the obligation of the government
to refrain from direct discrimination against
disabled people is not subject to progressive
realisation, it is a core obligation of immediate
effect. Another core obligation of immediate
effect is the obligation to provide temporary
emergency housing for people who are
homeless as they transition to a decent home
which enjoys the key features highlighted in
these Guidelines (section 3).31
89. The following sub-section ‘Obligations to
respect, protect and fulfil human rights’
explains that some types of human rights
obligations are more costly than others. For
example, obligations to respect (which are
largely negative obligations), are less costly
than obligations to fulfil (which are positive
obligations subject to progressive realisation).
This distinction is important in the context of
core obligations. Core obligations usually include
respect obligations (e.g. the obligation to refrain
from direct discrimination against disabled
people) and less often include fulfil obligations
(e.g. obligations with significant budgetary
implications). Nonetheless, core obligations
occasionally extend to positive obligations with
budgetary implications, such as the provision of
temporary emergency (i.e. transitional) housing
for people who are homeless. As the United
Nations puts it, without such core obligations
human rights law “would be largely deprived of
its raison d’être.”32
90. By way of Tiriti partnership and a consultative
process, attention should be given to
elaborating the core obligations of immediate
effect of the right to a decent home in
Aotearoa.
Section 4: Obligations and Violations
33