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Housing

What are Housing Rights? (by COHRE)

Housing Rights are Human Rights

The right to housing is entrenched in a number of internationalhuman rights instruments such as the Universal Declaration of HumanRights (UDHR) (Article 25 (1)), the Convention on the Elimination ofDiscrimination Against Women (CEDAW) (Article 14(2) and 16(h)), theConvention 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 Covenanton Economic, Social and Cultural Rights (ICESCR) (Article 11(1)) whichstates:

CESR Work on Housing

Housing is frequently inseparable from other ESC rights, such as adequate water and health. CESR hasnot produced reports specifically on the right to housing. Instead, wework to incorporate housing rights into broader evaluations of economicand social rights.

Declaration on the Right to Development

Adopted by General Assembly resolution 41/128 of 4 December 1986

The General Assembly,

Bearing in mind the purposes and principles of the Charterof the United Nations relating to the achievement of internationalco-operation in solving international problems of an economic, social,cultural or humanitarian nature, and in promoting and encouragingrespect for human rights and fundamental freedoms for all withoutdistinction as to race, sex, language or religion,

Declaration on Social Progress and Development

Proclaimed by General Assembly resolution 2542 (XXIV) of 11 December 1969

The General Assembly,

Mindful of the pledge of Members of the United Nationsunder the Charter to take joint and separate action in co-operationwith the Organization to promote higher standards of living, fullemployment and conditions of economic and social progress anddevelopment,

Declaration of the Rights of the Child

Proclaimed by General Assembly resolution 1386(XIV) of 20 November 1959

Whereas the peoples of the United Nations have, in theCharter, reaffirmed their faith in fundamental human rights and in thedignity and worth of the human person, and have determined to promotesocial progress and better standards of life in larger freedom,

International Instruments on the Right to Housing

LEGAL INSTRUMENTS

Universal Declaration of Human Rights
Article 25: ???Everyone has the right to a standard of living adequatefor the health and well-being of himself and of his family, including???housing??????

Universal Declaration of Human Rights

click here for the UDHR in other languages

Preamble

Whereas recognition of the inherent dignity and of theequal and inalienable rights of all members of the human family is thefoundation of freedom, justice and peace in the world,

Whereas disregard and contempt for human rights haveresulted in barbarous acts which have outraged the conscience ofmankind, and the advent of a world in which human beings shall enjoyfreedom of speech and belief and freedom from fear and want has beenproclaimed as the highest aspiration of the common people,

Whereas it is essential, if man is not to be compelled tohave recourse, as a last resort, to rebellion against tyranny andoppression, that human rights should be protected by the rule of law,

Whereas it is essential to promote the development of friendly relations between nations,

Whereas the peoples of the United Nations have in theCharter reaffirmed their faith in fundamental human rights, in thedignity and worth of the human person and in the equal rights of menand women and have determined to promote social progress and betterstandards of life in larger freedom,

Whereas Member States have pledged themselves to achieve,in cooperation with the United Nations, the promotion of universalrespect for and observance of human rights and fundamental freedoms,

Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge,

Now, therefore,

The General Assembly,

Proclaims this Universal Declaration of Human Rights as a commonstandard of achievement for all peoples and all nations, to the endthat every individual and every organ of society, keeping thisDeclaration constantly in mind, shall strive by teaching and educationto promote respect for these rights and freedoms and by progressivemeasures, national and international, to secure their universal andeffective recognition and observance, both among the peoples of MemberStates themselves and among the peoples of territories under theirjurisdiction.

Committee on Economic, Social & Cultural Rights General Comment 7

THE RIGHT TO ADEQUATE HOUSING: FORCED EVICTIONS (ARTICLE 11.1))

SUBSTANTIVE ISSUES ARISING IN THE IMPLEMENTATION OF THE INTERNATIONAL
COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS

Committee on Economic, Social & Cultural Rights General Comment 4

THE RIGHT TO ADEQUATE HOUSING (ARTICLE 11 (1))

SUBSTANTIVE ISSUES ARISING IN THE IMPLEMENTATION OF THE INTERNATIONAL
COVENANT ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS

COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS
(Sixth session, 1991)*


1. Pursuant to article 11 (1) of the Covenant, States parties"recognize the right of everyone to an adequate standard of living forhimself and his family, including adequate food, clothing and housing,and to the continuous improvement of living conditions". The humanright to adequate housing, which is thus derived from the right to anadequate standard of living, is of central importance for the enjoymentof all economic, social and cultural rights.