What are Housing Rights? (by COHRE)
Housing Rights are Human Rights
The right to housing is entrenched in a number of international human rights instruments such as the Universal Declaration of Human Rights (UDHR) (Article 25 (1)), the Convention on the Elimination of Discrimination Against Women (CEDAW) (Article 14(2) and 16(h)), the Convention on the Elimination of All Forms of Racial Discrimination (Article 5(e)(iii)), the Convention on the Rights of the Child (CRC) (Article 27) and, perhaps most importantly, the International Covenant on Economic, Social and Cultural Rights (ICESCR) (Article 11(1)) which states:
The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions.
The right to housing is a human right which extends to EVERYONE: men, women and children. This right must not be subject to any form of discrimination and should be ensured to all persons irrespective of income or access to economic resources.
The right to housing implies more than just the right to four walls and a roof over one' s head, nor should housing be viewed exclusively as a commodity (as a human right housing is an entitlement) but it must be regarded as an instrument for the promotion of justice, equality and peace. The right to housing should be seen as the right to live somewhere in PEACE, SECURITY and DIGNITY.
The right to housing cannot be viewed in isolation from other human rights contained in international human rights instruments. For example, the Human Rights Committee . which monitors government compliance with the International Covenant on Civil and Political Rights has recognized the links between homelessness and the right to life. The Committee on Economic, Social and Cultural Rights (which monitors government compliance with the ICESCR) has noted, for example, the link between the right to participate in public decision-making and the realization of the right to housing. The United Nations Special Rapporteur on the right to housing (1993 - 1995), Justice Rajindar Sachar stated in his first report:
The right to a secure place to live is a fundamental one. The sense of security, dignity, and community gained from being able to retain a home is an essential prerequisite for the pursuit and exercise of a variety of other human rights, including the right to choose one place of residence, the right to vote, the right to popular participation, the right to health, the right to a safe environment and other rights comprising a dignified life.
Under international human rights law, in particular Article 11(1) of the ICESCR, the right to housing refers not just to "housing" but to ADEQUATE housing. There are a number of factors which must be taken into account in determining whether housing is adequate. In General Comment No. 4 "the most authoritative legal interpretation of the right to housing" the Committee on Economic, Social and Cultural Rights has developed the following 7 factors which must be considered in assessing the adequacy of housing:
Legal Security of Tenure
Notwithstanding the type of tenure (rental accommodation, cooperative housing, lease, owner-occupation etc.), all persons should possess a degree of security of tenure which guarantees legal protection against forced eviction, harassment and other threats. Governments should take immediate measures aimed at conferring legal security of tenure upon those persons and households lacking such protection, in genuine consultation with affected persons and groups.
