Global Report on Human Settlements 2007 - PoA-ISS

Enhancing tenure security and ending forced evictions
271
Box 11.7 The UK Homeless Persons Act
Section 65: Duties to persons found to be homeless:
1 This section has effect as regards the duties owed by the local
housing authority to an applicant where they are satisfied that
he is homeless.
2 Where they are satisfied that he has a priority need and are
not satisfied that he became homeless intentionally, they shall
… secure that accommodation becomes available for his
occupation.
3 Where they are satisfied that he has a priority need but are
also satisfied that he became homeless intentionally, they shall:
• secure that accommodation is made available for his
occupation for such period as they consider will give
him a reasonable opportunity of securing accommodation
for his occupation; and
• furnish him with advice and such assistance as they
consider appropriate in the circumstances in any
attempts he may make to secure that accommodation
becomes available for his occupation.
Section 66: Duties to persons found to be threatened with
homelessness:
1 This section has effect as regards the duties owed by the local
housing authority to an applicant where they are satisfied that
he is threatened with homelessness.
2 Where they are satisfied that he has a priority need and are
not satisfied that he become threatened with homelessness
intentionally, they shall take reasonable steps to secure that
accommodation does not cease to be available for his occupation.
Section 69:
1 A local housing authority may perform any duty under section
65 or 68 (duties to persons found to be homeless) to secure
that accommodation becomes available for the occupation of a
person by:
• making available suitable accommodation held by
them under Part II (provision of housing) or any
enactment; or
• securing that he obtains suitable accommodation
from some other person; or
• giving him such advice and assistance as will secure
that he obtains suitable accommodation from some
other person.
Source: 1985 UK Housing Act (amended) (Homeless Persons Act)
also seen to provide similar protections to all persons who
have faced forced eviction, notwithstanding the rationale
behind the eviction in question. The CESCR clearly asserts
that evictions ‘should not result in rendering individuals
homeless’, 35 thus making it incumbent on governments to
guarantee that people who are evicted – whether illegally or
in accordance with the law – are to be ensured some form of
alternative housing.
Many have questioned whether or not states that
have housing rights obligations are legally required to
provide, in a substantive sense, adequate housing directly to
homeless persons and families or even to the entire population.
Indeed, this comparatively minor issue in the overall
housing rights domain has unfortunately often dominated
debates on the legal status of housing rights. Critics of
housing rights have often equated ‘the human right to
adequate housing’ with the immediate duty of governments
to substantively provide a house to anyone who requests it to
do so. This overly literal translation of the term, however,
reflects neither general state practice or the interpretation
given to this right under international law, although there
are, as will be shown, specific instances where the direct
provision of housing is envisaged. CESCR attests that while
states are required to ‘take whatever steps are necessary’ to
achieve the full realization of the right to adequate housing,
it also stipulates that ‘Measures designed to satisfy a state
party’s obligations in respect of the right to adequate
housing may reflect whatever mix of public- and privatesector
measures [are] considered appropriate.’ 36
No state has ever, or could ever, hope to construct
adequate housing for the entire population, and the
advocacy of such approaches verges on the absurd. No
government, no United Nations institution and no NGOs
back this approach to implementing housing rights. Rather, a
perspective is required whereby a collective effort by all
relevant actors leads as rapidly as possible to the enjoyment
by all persons of an adequate home as a right. Ultimately,
there is a growing recognition that a continuum of rights
approaches is the most likely method to result in protecting
the rights of the homeless and the inadequately housed.
Coupled with this approach is the growing view that the
provision of appropriate forms of security of tenure can act
as an important means of preventing homelessness and,
conversely, that insufficient tenure security can far too easily
become the cause of homelessness. Human rights law and
the rights that this system of law provides in support of
housing rights and against forced eviction is developing
rapidly in this regard, and the manner by which it can be
used to protect against eviction is particularly noteworthy.
No state has ever, or
could ever, hope to
construct adequate
housing for the
entire population