The right to housing is the economic, social and cultural right to adequate housing and shelter. It is recognised in the Universal Declaration of Human Rights and International Covenant on Economic, Social and Cultural Rights.

Definition

The right to housing is recognised in a number of international human rights instruments. Article 25 of the Universal Declaration of Human Rights recognises the right to housing as part of the right to an adequate standard of living.[1]

“Everyone has the right to a standard of living adequate for the health and wellbeing of himself and his family, including food, clothing, housing and medical care and necessary social services”

Article 11(1) of the International Covenant on Economic, Social and Cultural Rights (ICESCR), again as part of the right to an adequate standard of living.[2]

In international human rights law the right to housing is regarded as a freestanding right. This was clarified in the 1991 General Comment no 4 on Adequate Housing of the UN Committee on Economic, Social and Cultural Rights. The general comment provides an authoritative interpretation of the right to housing in legal terms under international law.[3]

The right to housing is also enshrined in Article 16 of the European Social Charter (Article 31 of the Revised European Social charter) and in the African Charter on Human and Peoples' Rights.[4] According to UN Committee on Economic, Social and Cultural Rights, aspects of right to housing under ICESCR include: legal security of tenure; availability of services, materials, facilities and infrastructure; affordability; habitability; accessibility; location and cultural adequacy.[5] As a political goal, right to housing was declared in F. D. Roosevelt's 1944 speech on the Second Bill of Rights.

UN Habitat

The right to adequate housing was a key issue at the 1996 Habitat meeting in Istanbul and a main theme in the Istanbul Agreement and Habitat Agenda. Paragraph 61 of the agenda identifies the steps required by governments to "promote, protect and ensure the full and progressive realisation of the right to adequate housing". The 2001 Habitat meeting, known as Istanbul +5, reaffirmed the 1996 Istanbul Agreement and Habitat Agenda and established the UN Human Settlement Programme to promote the right to housing in cooperation with the Office of the High Commissioner for Human Rights. Known as UN–HABITAT, the programme is the most important international forum for the right to housing. It is tasked with promoting housing rights through awareness campaigns, to develop benchmarks and monitoring systems.[6]

References

  1. ^ Edgar, Bill (2002). Access to housing: homelessness and vulnerability in Europe. The Policy Press. p. 17. ISBN 9781861344823. ((cite book)): Unknown parameter |coauthors= ignored (|author= suggested) (help)
  2. ^ Edgar, Bill (2002). Access to housing: homelessness and vulnerability in Europe. The Policy Press. p. 17. ISBN 9781861344823. ((cite book)): Unknown parameter |coauthors= ignored (|author= suggested) (help)
  3. ^ Edgar, Bill (2002). Access to housing: homelessness and vulnerability in Europe. The Policy Press. p. 17. ISBN 9781861344823. ((cite book)): Unknown parameter |coauthors= ignored (|author= suggested) (help)
  4. ^ ACHR decision in case SERAC v. Nigeria - see para. 60 (p. 25)
  5. ^ The right to adequate housing (Art.11 (1)). CESCR General comment 4 - see para. 8
  6. ^ Edgar, Bill (2002). Access to housing: homelessness and vulnerability in Europe. The Policy Press. p. 17. ISBN 9781861344823. ((cite book)): Unknown parameter |coauthors= ignored (|author= suggested) (help)