Housing

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:

Housing is frequently inseparable from other ESC rights, such as adequate water and health. CESR has not produced reports specifically on the right to housing. Instead, we work to incorporate housing rights into broader evaluations of economic and social rights.

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

The General Assembly,

Bearing in mind the purposes and principles of the Charter of the United Nations relating to the achievement of international co-operation in solving international problems of an economic, social, cultural or humanitarian nature, and in promoting and encouraging respect for human rights and fundamental freedoms for all without distinction as to race, sex, language or religion,

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

The General Assembly,

Mindful of the pledge of Members of the United Nations under the Charter to take joint and separate action in co-operation with the Organization to promote higher standards of living, full employment and conditions of economic and social progress and development,

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

Whereas the peoples of the United Nations have, in the Charter, reaffirmed their faith in fundamental human rights and in the dignity and worth of the human person, and have determined to promote social progress and better standards of life in larger freedom,

PAPERS

What are Housing Rights? Housing Rights are Human Rights
by the Centre on Housing Rights and Evictions (COHRE)

Is There A Woman In The House? Women and the Right to Adequate Housing [pdf]

LEGAL INSTRUMENTS

Universal Declaration of Human Rights
Article 25: “Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including… housing…”

click here for the UDHR in other languages

Preamble

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

Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people,

Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, 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 the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom,

Whereas Member States have pledged themselves to achieve, in cooperation with the United Nations, the promotion of universal respect 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 common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction.

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

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 for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions". The human right to adequate housing, which is thus derived from the right to an adequate standard of living, is of central importance for the enjoyment of all economic, social and cultural rights.