E/C.12/61/D/5/2015
14.2 States parties do not only have the obligation to respect Covenant rights, and, it
follows, to refrain from infringing them, but they also have the obligation to protect them
by adopting measures to prevent the direct or indirect interference of individuals in the
enjoyment of these rights.28 If a State party does not take appropriate measures to protect a
Covenant right, it has a responsibility even when the action that undermined the right in the
first place was carried out by an individual or a private entity. Thus, although the Covenant
primarily establishes rights and obligations between the State and individuals, the scope of
the provisions of the Covenant extends to relations between individuals. An eviction related
to a rental contract between individuals can, therefore, involve Covenant rights.
Accordingly, the State party’s argument that the communication deals with a dispute that is
exclusively between individuals and therefore does not fall under the Covenant does not
stand.
The right to housing for evicted persons and access to public housing
15.1 In some circumstances, the eviction of people living in rental accommodation may
be compatible with the Covenant, as long as the eviction is provided for by law and is
carried out as a last resort, and that the persons concerned have had prior access to an
effective judicial remedy, in order to ascertain that the measure in question is duly justified,
for example, in the case of persistent non-payment of rent or of damage to rented property
without just cause. In addition, there must be a real opportunity for genuine prior
consultation between the authorities and the persons concerned, there must be no less
onerous alternative means or measures available and the persons concerned must not
remain in or be exposed to a situation constituting a violation of other Covenant or human
rights.
15.2 In particular, evictions should not render individuals homeless. Where those affected
do not have the means to acquire alternative housing, States parties must take all
appropriate measures to ensure, where possible, that adequate alternative housing,
resettlement or access to productive land, as the case may be, is available.29 States parties
should pay particular attention to evictions that involve women, children, older persons,
persons with disabilities or other vulnerable individuals or groups who are subjected to
systemic discrimination. The State party has a duty to take reasonable measures to provide
alternative housing to persons who are left homeless as a result of eviction, irrespective of
whether the eviction is initiated by its authorities or by an individual such as the lessor.
15.3 The obligation to provide alternative housing to evicted persons who need it implies
that, under article 2 (1) of the Covenant, States parties must take all necessary steps, to the
maximum of their available resources, to uphold this right. States parties can choose a
variety of policies to achieve this purpose, including the establishment of housing subsidies
for those unable to obtain affordable housing. 30 However, any measures adopted must be
deliberate, specific and as straightforward as possible to fulfil this right31 as swiftly and
efficiently as possible. Policies on alternative housing in case of eviction should be
commensurate with the need of those concerned and the urgency of the situation and should
respect the dignity of the person. Moreover, States parties should take consistent and
coordinated measures to resolve institutional shortcomings and structural causes of the lack
of housing.32
15.4 Human rights are indivisible and interdependent. Accordingly, State obligations
with regard to the right to housing should be interpreted together with all other human
rights obligations and, in particular, in the context of eviction, with the obligation to
28
29
30
31
32
GE.17-12396
General comment No. 7, para. 9. See also general comment No. 22 (2016) on the right to sexual and
reproductive health, para. 42; and No. 23 (2016) on the right to just and favourable conditions of work,
para. 59.
General comment No. 7, para. 16.
General comment No. 4, para. 8 (c). See also paragraph 13.
General comment No. 3, para. 2. See also the letter of 16 May 2012 from the Chair of the Committee
to the States parties to the Covenant.
See, for example, the submission in this case of the Special Rapporteur on adequate housing as a
component of the right to an adequate standard of living, and on the right to non-discrimination in this
context, and her report (A/HRC/31/54, paras. 28–38).
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