Background

Please note that the visit of the United Nations Special Rapporteur on the right to adequate housing, Mr Balakrishnan Rajagopal, to the Kingdom of the Netherlands will take place between 11 and 21 December 2023. His visit aims at assessing the efforts to protect the right to adequate housing in the Netherlands.

The Special Rapporteur invites all interested individuals and organizations, including civil society organizations, activists, and academics, to provide new input or to send their updates on the priority issues listed below to assist him in preparing for the visit.

The Special Rapporteur

The Special Rapporteur is an independent expert appointed by the UN Human Rights Council who regularly undertakes country visits to report on human rights issues. Visits, which typically last for ten days to two weeks, include meetings between the Special Rapporteur and individuals whose right to adequate housing is affected, public officials, members of parliamentary and judicial bodies, official institutions, civil society organizations, and academics. At the conclusion of country visits, the Special Rapporteur presents a detailed statement of his initial findings. He subsequently submits a final report to the UN Human Rights Council in Geneva. The report informs other processes, including the review of the country in the Universal Periodic Review (UPR) of the Human Rights Council and by human rights treaty bodies.

The Special Rapporteur, Mr. Balakrishnan Rajagopal, assumed his function as Special Rapporteur on the right to adequate housing on 1 May 2020. He is Professor of Law and Development at the Department of Urban Studies and Planning at the Massachusetts Institute of Technology (MIT). A lawyer by training, he is an expert on many areas of human rights, including economic, social and cultural rights, the UN system, and the human rights challenges posed by development activities.

Key questions and types of input/comments sought

Respondents are requested to limit their comments to a maximum of 2,000 words. Additional supporting materials, such as reports, academic studies, and other background materials may be annexed to the submission.

While all submissions are welcome, the Special Rapporteur would be grateful for comments that address topics such as:

• The legal, institutional and policy framework for the protection of the right to adequate housing, at local and national level
• Housing affordability and the role and impact of private and public actors on housing affordability
• The effects of financialization and speculative practices on the right to adequate housing
• Availability of housing and its habitability
• Security of tenure, tenant protection, including against forced evictions
• How different communities and groups enjoy the right to adequate housing in the country and how are they protected from discrimination in housing and spatial segregation (e.g. migrants, refugees, asylum seekers, women, persons with disabilities, Roma, Sinti and Travellers, minorities, LGBTQ+, or any other groups)
• Homelessness
• The contribution of housing to the climate crisis and the protection of individuals from loss of housing due to climate-related disasters including relevant response, mitigation and adaptation measures
• The right to adequate housing in the context of the Covid-19 pandemic and in the post-Covid-19 recovery phase
• The protection and promotion of the right to adequate housing in the context of Dutch development cooperation or extraterritorial activities of public and private actors headquartered in the Netherlands.
• Access to justice and remedies for persons who may have experienced housing rights violations

While the Special Rapporteur will only visit the territory of the Kingdom in Western Europe, written submissions from Aruba, Curaçao, St Maarten, Bonaire, Sint Eustatius, and Saba would also be very welcome.

The Special Rapporteur’s visit will lead to a detailed end of mission statement on 21 December 2023, and a final report presented to the UN Human Rights Council in February-March 2024.

Treatment of inputs/comments received

Your responses will be kept confidential. Neither you, nor your organization will be identified, and your submission will not be attributed to you or your organization.

The Special Rapporteur greatly appreciates the effort that goes into making such contributions and looks forward to reading all submissions.

Media inquiries

On 21 December 2023, the Special Rapporteur will hold a press conference in the Hague where he will present a statement with his initial findings.

Media inquiries, including requests to join the Special Rapporteur’s press list, may be directed to Ms Mariya Stoyanova (mariya.stoyanova@un.org)

Twitter: @adequatehousing