Obligations to respect, protect and fulfil human rights 93. It has been clear since the 1980s that human rights give rise to different types of obligations, widely known as obligations to respect, protect and fulfil human rights.34 Understanding that human rights give rise to these obligations makes it easier to hold central and local government accountable and to identify human rights violations. The obligations to respect and protect often tend to be less costly than the obligation to fulfil.35 94. The human rights obligations to respect, protect and fulfil apply to the right to a decent home. These obligations are inextricably connected with the Crown’s obligations arising from Te Tiriti, for example, to actively protect Māori rangatiratanga over taonga, including land. By way of illustration, some of these obligations, and corresponding violations, are outlined in the following paragraphs. 95. The obligation to respect places a responsibility on government to refrain from interfering directly or indirectly with the enjoyment of the right to a decent home grounded on Te Tiriti. For example, government must neither discriminate in the provision of state housing, nor put in place restrictive housing regulations that are unfair, culturally inappropriate, or lack a clear rationale. 96. Violations of the obligation to respect include: a) forcible eviction from state housing without procedural fairness; b) direct discrimination in relation to state housing; c) barriers to housing that are unfair, culturally inappropriate, inconsistent with Te Tiriti and community needs, or lack a clear rationale e.g. unjustified restrictive housing regulations; d) a housing initiative that fails to respect Te Tiriti; e) indirect discrimination in relation to state housing e.g. an inadequate supply of accessible state houses for disabled people; f) damp state housing causing ill-health of tenants; g) state housing with unreasonable rent levels and increases; h) state-owned enterprises that pollute and cause ill-health of inhabitants (whether in state or private housing). 97. The obligation to protect means that government must prevent third parties, such as private landlords, from interfering with the enjoyment of the right to a decent home grounded on Te Tiriti. For example, government must take all reasonable steps to ensure that private landlords and their managers (a) do not discriminate in the provision of housing and (b) provide decent homes that are consistent with the key features outlined in these Guidelines e.g. warm, dry, safe, healthy, accessible and affordable. Government has a responsibility to put in place a legislative framework that provides tenants with security of tenure in the private sector. 98. Violations of the obligation to protect include ineffective regulation to stop: a) private enterprises from developing Māori land without free, prior and informed consent of mana whenua; b) private landlords and property managers discriminating against individuals applying for a tenancy, for example, on the grounds of ethnicity, disability, age, religion or sexual orientation; c) private landlords harassing their tenants; d) private landlords renting accommodation which is likely to cause the ill-health of tenants e.g. mouldy, vermin-infested housing; Section 4: Obligations and Violations 35