{"id":11869,"date":"2024-07-17T16:02:56","date_gmt":"2024-07-17T20:02:56","guid":{"rendered":"https:\/\/contrib-prod.ombudsmantoronto.ca\/?page_id=11869"},"modified":"2024-09-10T11:10:57","modified_gmt":"2024-09-10T15:10:57","slug":"our-housing-rights-framework","status":"publish","type":"page","link":"https:\/\/www.ombudsmantoronto.ca\/our-housing-rights-framework\/","title":{"rendered":"Our Housing Rights Framework"},"content":{"rendered":"\n
Our Housing Rights Framework outlines how we understand \u201cthe right to adequate housing\u201d and how our Housing Unit<\/a> applies this concept to our systemic investigations and system reviews of the City\u2019s housing programs and services. A PDF of the framework<\/a> is also available to download.<\/p>\n\n\n\n International law recognizes adequate housing as a fundamental human right that is central to people\u2019s dignity and well-being. This is established in the International Covenant on Economic, Social and Cultural Rights and the Toronto Housing Charter is based on these principles.<\/p>\n\n\n\n Other international legal agreements, such as the United Nations Declaration on the Rights of Indigenous Peoples, the Convention on the Rights of Persons with Disabilities, and the 1951 Convention Relating to the Status of Refugees, address the specific housing-related rights of certain groups. Ombudsman Toronto will use these international legal agreements to help assess whether the City is living up to its obligation to progressively realize the right to adequate housing.<\/p>\n\n\n\n \u201cProgressive realization\u201d means that, while the City can\u2019t solve the housing crisis right away, it must use all available resources and tools to constantly move forward and help people realize their right to adequate housing.* As part of this work, the City must measure its progress and do so in a transparent way. We will help to hold the City to account on this work.<\/p>\n\n\n\n Canadian laws, including the Canadian Charter of Rights and Freedoms<\/em>, Ontario\u2019s Human Rights Code<\/em>, the Residential Tenancies Act<\/em>, the Building Code Act, <\/em>and the City\u2019s HousingTO 2020-2030 Action Plan also inform the Housing Unit\u2019s work. The 2020-2030 Action Plan sets out the blueprint for the City to fulfill its obligations under the Toronto Housing Charter.<\/p>\n\n\n\n The starting point for evaluating the City’s decisions, actions, and inactions regarding housing is the lived experience of different social groups and communities.<\/p>\n\n\n\n The first question we ask is whether the City\u2019s actions have negatively affected people in any of the three components of the right to adequate housing. These three components are: adequacy, non-discrimination, and participatory rights. We call this \u201cStage 1\u201d of our analysis.<\/p>\n\n\n\n If we find the City has negatively affected people in one or more of these three components, we will then consider whether the City\u2019s actions are consistent with its obligation to progressively realize the right to adequate housing (the City is obligated to work towards the realization of the right to adequate housing for all residents). We call this \u201cStage 2\u201d of our analysis. In some cases, we may find that while people have been negatively affected, the City has still met its obligations. In other cases, we may find that the City has more work to do.<\/p>\n\n\n\n If we find that the City has more work to do, we will make recommendations to help the City meet its obligations under the right to adequate housing. This is \u201cStage 3\u201d of our analysis.<\/p>\n<\/div>\n<\/div>\n\n\n\n Seven principles guide the City as it moves towards the realization of the human right to adequate housing. We will assess the City\u2019s actions against these principles to determine whether the City has taken every reasonable step to satisfy its obligations under the Housing Charter and the law.<\/p>\n\n\n\n The recommendations from our investigations will help the City better meet its obligations to progressively realize the right to adequate housing. We make recommendations that are both ambitious and achievable, put people first, and are in line with this framework and the Housing Charter. After we make recommendations, we follow up with the City until they have successfully implemented them.<\/p>\n<\/div>\n<\/div>\n\n\n\n * \u201cProgressive realization\u201d refers to Article 2(1) of the International Covenant on Economic Social and Cultural Rights (ICESCR), which requires a government \u201cto take steps\u2026to the maximum of its available resources, with a view to achieving progressively the full realization of the rights recognized in the present Covenant by all appropriate means, including particularly the adoption of legislative measures.\u201d<\/em><\/p>\n\n\n\n ** The concept of \u2018intersectionality\u2019 has been defined as \u201cintersectional oppression [that] arises out of the combination of various oppressions which, together, produce something unique and distinct from any one form of discrimination standing alone….\u201d From the Ontario Human Rights Commission, quoting from M. Eaton, \u201cPatently Confused, Complex Inequality and Canada v. Mossop<\/em>\u201d (1994) 1 Rev. Cons. Stud. 203 at 229, https:\/\/www.ohrc.on.ca\/en\/intersectional-approach-discrimination-addressing-multiple-grounds-human-rights-claims\/introduction-intersectional-approach#fn6<\/a><\/em> <\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n","protected":false},"excerpt":{"rendered":"","protected":false},"author":2,"featured_media":11947,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"tags":[],"acf":[],"_links":{"self":[{"href":"https:\/\/www.ombudsmantoronto.ca\/wp-json\/wp\/v2\/pages\/11869"}],"collection":[{"href":"https:\/\/www.ombudsmantoronto.ca\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/www.ombudsmantoronto.ca\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/www.ombudsmantoronto.ca\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.ombudsmantoronto.ca\/wp-json\/wp\/v2\/comments?post=11869"}],"version-history":[{"count":55,"href":"https:\/\/www.ombudsmantoronto.ca\/wp-json\/wp\/v2\/pages\/11869\/revisions"}],"predecessor-version":[{"id":12109,"href":"https:\/\/www.ombudsmantoronto.ca\/wp-json\/wp\/v2\/pages\/11869\/revisions\/12109"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.ombudsmantoronto.ca\/wp-json\/wp\/v2\/media\/11947"}],"wp:attachment":[{"href":"https:\/\/www.ombudsmantoronto.ca\/wp-json\/wp\/v2\/media?parent=11869"}],"wp:term":[{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.ombudsmantoronto.ca\/wp-json\/wp\/v2\/tags?post=11869"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}The Human Right to Adequate Housing<\/h2>\n\n\n\n
A Human Rights-Based Approach to Housing Investigations and Reviews<\/h2>\n\n\n\n
Stage 1: Components of the Human Right to Adequate Housing<\/h3>\n\n\n\n
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Stage 2: Guiding Principles for City Decisions and Actions<\/h3>\n\n\n\n
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Stage 3: Recommendations<\/h3>\n\n\n\n