usefully be spent on direct construction of new housing, in most cases, experience has
shown the inability of Governments to fully satisfy housing deficits with publicly
built housing. The promotion by States parties of “enabling strategies”, combined
with a full commitment to obligations under the right to adequate housing, should thus
be encouraged. In essence, the obligation is to demonstrate that, in aggregate, the
measures being taken are sufficient to realize the right for every individual in the
shortest possible time in accordance with the maximum of available resources.
15.
Many of the measures that will be required will involve resource allocations
and policy initiatives of a general kind. Nevertheless, the role of formal legislative and
administrative measures should not be underestimated in this context. The Global
Strategy for Shelter (paras. 6-67) has drawn attention to the types of measures that
might be taken in this regard and to their importance.
16.
In some States, the right to adequate housing is constitutionally entrenched. In
such cases the Committee is particularly interested in learning of the legal and
practical significance of such an approach. Details of specific cases and of other ways
in which entrenchment has proved helpful should thus be provided.
17.
The Committee views many component elements of the right to adequate
housing as being at least consistent with the provision of domestic legal remedies.
Depending on the legal system, such areas might include, but are not limited to: (a)
legal appeals aimed at preventing planned evictions or demolitions through the
issuance of court-ordered injunctions; (b) legal procedures seeking compensation
following an illegal eviction; (c) complaints against illegal actions carried out or
supported by landlords (whether public or private) in relation to rent levels, dwelling
maintenance, and racial or other forms of discrimination; (d) allegations of any form
of discrimination in the allocation and availability of access to housing; and (e)
complaints against landlords concerning unhealthy or inadequate housing conditions.
In some legal systems it would also be appropriate to explore the possibility of
facilitating class action suits in situations involving significantly increased levels of
homelessness.
18.
In this regard, the Committee considers that instances of forced eviction are
prima facie incompatible with the requirements of the Covenant and can only be
justified in the most exceptional circumstances, and in accordance with the relevant
principles of international law.
19.
Finally, article 11 (1) concludes with the obligation of States parties to
recognize “the essential importance of international cooperation based on free
consent”. Traditionally, less than 5 per cent of all international assistance has been
directed towards housing or human settlements, and often the manner by which such
funding is provided does little to address the housing needs of disadvantaged groups.
States parties, both recipients and providers, should ensure that a substantial
proportion of financing is devoted to creating conditions leading to a higher number
of persons being adequately housed. International financial institutions promoting
measures of structural adjustment should ensure that such measures do not
compromise the enjoyment of the right to adequate housing. States parties should,