Special Rapporteur of the Commission on Human Rights on adequate housing as a component of the right to an adequate standard of living, and on the right to non-discrimination in this context

Introduction

Having a secure place to live, is one of the fundamental elements for human dignity, physical and mental health and overall quality of life, which enables one’s development.  As such, the right to adequate housing has received a wide recognition as a fundamental human right in a number of international instruments and declarations, regional instruments and national laws.

Against this backdrop, the Commission on Human Rights, by its resolution 2000/9 of 17 April 2000 , appointed a Special Rapporteur on adequate housing, whose mandate is to focus on adequate housing as a component of the right to an adequate standard of living.

The Commission further requested him:

(a) to report on the status, throughout the world, of the realization of the rights that are relevant to the mandate;

(b) to promote, as appropriate, cooperation among and assistance to Governments in their efforts to secure these rights;

(c) to apply a gender perspective;

(d) to develop a regular dialogue and to discuss possible areas of collaboration with Governments, relevant United Nations bodies, specialized agencies, international organizations in the field of housing rights, inter alia the United Nations Centre for Human Settlements (UNCHS/Habitat), non-governmental organizations and international financial institutions, and to make recommendations on the realization of the relevant rights;

(e) to identify possible types and sources of financing for relevant advisory services and technical cooperation;

(f) to facilitate, where appropriate, the inclusion of issues relating to relevant United Nations missions, field presences and national offices;

(g) to submit to the Commission on Human Rights an annual report covering the activities relating to the mandate.

In the fulfilment of his mandate, the Special Rapporteur:

- Undertakes Country Visits (see Country Visits);

- Responds to information received on allegations concerning the situation of housing rights in particular countries (see Individual Complaints);

- Develops dialogues with Governments and civil society through questionnaires and a constructive approach that will help identify possible policy suggestions with demonstrated practicality from a housing rights perspective.

- Submits annual reports to the Commission on Human Rights covering the activities relating to the mandate (see Annual Reports).

Over the past decade, the UN human rights mechanism as a whole has been actively engaged in clarifying the content of the right to adequate housing.  In particular, the Committee on Economic, Social and Cultural Rights adopted General Comment No. 4 on adequate housing in 1991, and General Comment No. 7 on forced eviction in 1997.  During 1991-1995, the Special Rapporteur on the realization of the right to adequate housing appointed under the Sub-Commission on the Promotion and Protection of Human Rights produced four important papers that significantly contributed to clarifying the content of the right.

Independent Expert:

• Mr. Miloon Kothari ( India ), since 2000