(d) protection of communities that are relocated away from hazardous zones,
including protection against forced evictions without appropriate forms of legal or
other protection, including adequate consultation with affected persons.249
In terms of the progressive realization of the right to adequate housing, State parties are
obliged to take steps:
• to effectively monitor the situation with respect to housing, most notably the full
extent of homelessness;250
• to adopt a national housing strategy, developed in consultation with those
particularly affected, including the homeless, the inadequately housed and their
representatives;251
• to ensure that the percentage of housing-related costs is, in general, commensurate
with income levels by establishing housing subsidies for those unable to obtain
affordable housing, as well as forms and levels of housing finance which adequately
reflect housing needs and by protecting tenants against unreasonable rent levels or
rent increases;252
• to adopt measures “sufficient to realize the right for every individual in the shortest
possible time in accordance with the maximum of available resources” reflecting
“whatever mix of public and private sector measures considered appropriate,”
including for instance the public financing of housing or the promotion of “enabling
strategies”;253
• to provide appropriate legal remedies in the following areas: “(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.”254
The CESCR has also observed that “a general decline in living and housing conditions,
directly attributable to policy and legislative decisions by States parties, and in the absence of
accompanying compensatory measures, would be inconsistent with the obligations under the
Covenant.”255
Forced evictions
In situations where evictions are justified, the CESCR has specified that State parties must
ensure that they are carried out in a manner warranted by a law that is compatible with
applicable human rights standards, including the following procedural protections:
(a) an opportunity for genuine consultation with those affected;
(b) adequate and reasonable notice for all affected persons prior to the
scheduled date of eviction;
(c) information on the proposed evictions, and, where applicable, on the
alternative purpose for which the land or housing is to be used, to be made
available in reasonable time to all those affected;
62
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