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270Towards safer and more secure citiesThe creative use ofregulation andregulatory audits has… been suggested asan innovative way of… increasing tenuresecurityFew would argueagainst the view thatthe universal enjoymentof housingrights remains a verylong-term propositionStates are obliged torespect, protect andfulfil all humanrights, including thehousing rights ofhomeless personscontinues unabated. As noted earlier, the MillenniumDevelopment Goal (MDG) of improving the lives of 100million slum dwellers by 2020 does, indeed, pale in comparisonwith the projected urban population growth of some 2billion between 2000 and 2020 (see also Box 6.1). 30The creative use of regulation and regulatory auditshas also been suggested as an innovative way of promotingimprovements in the urban landscape and increasing tenuresecurity. Developed as a means for promoting the upgradingof existing informal settlements, this approach seeks tostrengthen regulatory frameworks to better benefit the poor.Among the positive aspects of regulation are that it allowsorderly land development and efficient land management;attracts and guides inward local investment; maximizespublic revenues; protects the environment and publichealth; mitigates the impact of disasters; helps the pooraccess improved housing, services and credit; protectsoccupants from unscrupulous developers; minimizesharmful externalities; and allows for common land uses.Conversely, the negative aspects of regulation include thedangers of over-regulating and, therefore, discouraginginvestment; imposing regulations, standards or administrativeprocedures that increase costs to levels that manypeople cannot afford; failing to reflect the cultural prioritiesof different groups, especially in the ways in which peopleperceive and use dwellings and open space; institutionalizingcorruption through fees for non-enforcement; and creatingoverlapping or contradictory conditions that expose developersor individuals to the risk of conforming to one regulationor standard and therefore of contravening another. 31COMBATINGHOMELESSNESS ANDPROTECTING THE RIGHTSOF HOMELESS PEOPLEAs discussed above, the international legal foundations ofthe human right to adequate housing are designed to ensureaccess to a secure, adequate and affordable home for allpeople in all countries. The long recognition of this rightunder international human rights law, however, has yet tosufficiently influence national policy, law and practice onhousing rights; as a result, few rights are denied asfrequently, on such a scale and with the degree of impunityas housing rights. Whether in terms of outright homelessness,forced evictions and other forms of displacement;life-threatening, unhealthy and dangerous living conditions;the destruction of homes during armed conflict; systematichousing discrimination against certain vulnerable groups(particularly women); campaigns of ‘ethnic cleansing’; or anynumber of other circumstances where housing rights aredenied, few would argue against the view that the universalenjoyment of housing rights remains a very long-term proposition.In essence, states are obliged to respect, protect andfulfil all human rights, including the housing rights ofhomeless persons. The obligation to respect human rightsrequires states to refrain from interfering with the enjoymentof rights. As noted, housing rights are violated if a stateengages in arbitrary forced evictions. The obligation toprotect requires states to prevent violations of such rights bythird parties, such as landlords or private developers. If theexercise of these two obligations does not result in theaccess by everyone to an adequate home, then the obligationto fulfil becomes relevant, requiring states to take appropriatelegislative, administrative, budgetary, judicial and othermeasures towards the full realization of such rights. Thus,the failure of states to take such steps, to the maximum of itsavailable resources, to achieve the universal enjoyment ofhousing rights, would not comply with human rights principles.32 So, while states are not necessarily required to buildhomes for the entire population, they are required to undertakea whole range of steps, both positive and negative innature, grounded in human rights law, which are designed toensure the full realization of all human rights, including theright to adequate housing by the homeless.At the same time, there are a number of states thathave accepted the fundamental legal responsibility of providingan adequate home to certain specifically identifiedhomeless groups. There are laws and jurisprudence inseveral states, indicating that under certain circumstances,the state is legally required to provide particular individualsor groups with adequate housing in an expedient manner:• In Finland, the law requires local government authoritiesto provide housing resources for the severelyhandicapped under certain circumstances. Furthermore,local governments are required to rectify inadequatehousing conditions or, as the case may be, to provide forhousing when inadequate or non-existent housingcauses the need for special child welfare or constitutesa substantial hindrance to rehabilitating the child or thefamily. 33• In the UK, local city councils are required to provideadequate accommodation to homeless families andpersons ‘in priority need’ (see Box 11.7).• In Germany, two additional legal duties are added to thelegal framework relating to the rights of the homeless.First, the law provides that social welfare payments maybe used to pay rent arrears in order to maintain thedwelling and to prevent homelessness. Second, itproclaims that individuals (including the homeless) whohave special social difficulties that they cannotthemselves overcome may claim assistance to avert,eliminate or ease particular difficulties – includingmeasures to help procure and maintain a dwelling. 34In addition to these national-level rights of the homeless,many states approach housing requirements, at least in a defacto manner, in terms of providing housing to the homelessfollowing natural disasters, and to refugees and displacedpersons, and while perhaps not invariably accepting suchduties in law, in practice temporary (and sometimes permanent)homes are provided. Interestingly, the ICESCR is now