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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
International Standards
In his preliminary report E/CN.4/2001/51
the Special Rapporteur set out the legal status of the right to
adequate housing and identified the main relevant international
human rights provisions.
- Art.25, par.1 UDHR “Everyone has the right to
a standard of living adequate for the health and well-being of
himself and his family, including food, clothing, housing and
medical care and necessary social services, and the right to
security in the event of unemployment, sickness, disability,
widowhood, old age or other lack of livelihood in circumstances
beyond his control.”
- Article 11.1 of the Covenant on Economic, Social and
Cultural Rights (ICESCR) states that: “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 States Parties will take
appropriate steps to ensure the realization of this right,
recognizing to this effect the essential importance of
international cooperation based on free consent.”
- Article 14.2 (h) of the Convention on the Elimination
of All Forms of Discrimination against Women (1979)
states that: “States Parties shall undertake all appropriate
measures to eliminate discrimination against women in rural areas
in order to ensure, on a basis of equality of men and women, that
they participate in and benefit from rural development and, in
particular, shall ensure to such women the right … (h) to enjoy
adequate living conditions, particularly in relation to housing,
sanitation, electricity and water supply, transport and
communications.”
- Article 16.1 of the Convention on the Rights of the
Child (1989) states that: “No child shall be subjected to
arbitrary or unlawful interference with his or her privacy,
family, home or correspondence, nor to unlawful attacks on his or
her honour and reputation.”
- Article 27.3 states that: “States Parties, in accordance with
national conditions and within their means, shall take appropriate
measures to assist parents and others responsible for the child to
implement this right and shall in the case of need provide
material assistance and support programmes, particularly with
regard to nutrition, clothing and housing.”
- Article 21 of the Convention relating to the Status of
Refugees (1951) provides that: “As regards housing, the
Contracting States, insofar as the matter is regulated by laws or
regulations or is subject to the control of public authorities,
shall accord refugees lawfully staying in their territory
treatment as favourable a s possible and, in any event, not less
favourable than that accorded to aliens generally in the same
circumstances.”
- Article 5 (e) (iii) of the International Convention on
the Elimination of All Forms of Racial Discrimination
(1965) obliges States “to prohibit and eliminate racial
discrimination in all of its forms and to guarantee the right of
everyone, without distinction as to race, colour , or national or
ethnic origin, to equality before the law, notably in the
enjoyment of … (e) … (iii) the right to housing”.
- Article 17.1 of the International Convention on Civil
and Political Rights (1966) states that: “No one shall be
subjected to arbitrary or unlawful interference with his privacy,
family, home or correspondence, nor to unlawful attacks on his
honour and reputation.”
- Article 43.1 of the International Convention on the
Protection of the Rights of All Migrant Workers and Members of
Their Families states that: “Migrant workers shall enjoy
equality of treatment with nationals of the State of employment in
relation to … (d) Access to housing, including social housing
schemes, and protection against exploitation in respect of rents.”
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