Introduction
The International Bill of Rights
At the core of United Nations action to protect and
promote human rights and fundamental freedoms is the International
Bill of Rights. The Bill consists of three instruments:
The Universal Declaration of Human Rights
(1948);
The International Covenant on Economic, Social and
Cultural Rights (1966);
The International Covenant on Civil and Political
Rights (1966).
These three documents define and establish human
rights and fundamental freedoms. They form the foundation for the
more than 50 additional United Nations human rights conventions,
declarations, sets of rules and principles.
The Covenants are international legal instruments.
This means that members of the United Nations, when they become
parties to a Covenant or other conventions by ratifying or acceding
to them, accept major obligations grounded in law.
States parties voluntarily bind themselves to bring
national legislation, policy and practice into line with their
existing international legal obligations.
By ratifying these and other binding texts, States
become accountable to their citizens, other States parties to the
same instrument and to the international community at large by
solemnly committing themselves to respect and ensure the rights and
freedoms found in these documents. Many of the major international
human rights treaties also require States parties to report
regularly on the steps they have taken to guarantee the realization
of these rights, as well as on the progress they have made towards
this end.
This Fact Sheet addresses the foundations,
implications and content of one particular right found in many
international legal texts, including the Covenant on Economic,
Social and Cultural Rights and the Universal Declaration: the human
right to adequate housing. A series of important developments
concerning this right have taken place during the past several years
within various United Nations human rights bodies. These and other
issues will be outlined below.
Achieving economic, social and cultural
rights
Despite the fact that there are two Covenants, each
guaranteeing a separate set of human rights, the interdependence and
indivisibility of all rights are a long-accepted and consistently
reaffirmed principle. In reality, this means that respect for civil
and political rights cannot be separated from the enjoyment of
economic, social and cultural rights and, on the other hand, that
genuine economic and social development requires the political and
civil freedoms to participate in this process. It is these
underlying principles, of interdependence and indivisibility, which
guide the vision of human rights and fundamental freedoms advocated
by the United Nations.
Nevertheless, the mutually reinforcing nature of human
rights implying that all human rights should be treated equally
under law and in fact-has proven difficult to translate into
practice. While the implementation of all human rights is
problematic, the difficulties encountered in realizing economic,
social and cultural rights have proved particularly intractable. In
response to these challenges and in recognition of the direct link
between human rights and development, the United Nations is paying
an increasing degree of attention to economic, social and cultural
rights and to ways in which the international community can work
together to ensure their realization.
A number of specific steps towards the effective
implementation of economic, social and cultural rights have been
taken by various United Nations human rights bodies in recent years.
These include the establishment in 1987 of the Committee on
Economic, Social and Cultural Rights (see Fact Sheet No. 16); the
appointment by the Sub-Commission on Prevention of Discrimination
and Protection of Minorities of Special Rapporteurs on issues such
as the right to food, the realization of economic, social and
cultural rights, extreme poverty and promoting the realization of
the right to adequate housing.
Human rights permeate all areas of United Nations
activity and several of the specialized agencies, such as the
International Labour Organisation (ILO) and the United Nations
Educational, Scientific and Cultural Organization (UNESCO), have
maintained human rights portfolios for decades. An increasing number
of additional United Nations agencies have begun incorporating human
rights concerns into their respective programmes of work. This is
particularly true of the United Nations Children's Fund (UNICEF),
the United Nations Development Programme (UNDP) and the World Health
Organization (WHO).
Each of the above-mentioned developments have
facilitated and strengthened United Nations attention to these
rights. The right to adequate housing is one of the economic, social
and cultural rights to have gained increasing attention and
promotion, not only from the human rights bodies but also from the
United Nations Centre for Human Settlements (Habitat). This began
with the implementation of the Vancouver Declaration on Human
Settlements issued in 1976, followed by the proclamation of the
International Year of Shelter for the Homeless (1987) and the
adoption of the Global Strategy for Shelter to the Year 2000, by the
United Nations General Assembly in 1988.
What does housing have to do with human
rights?
At first glance, it might seem unusual that a subject
such as housing would constitute an issue of human rights. However,
a closer look at international and national laws, as well as at the
significance of a secure place to live for human dignity, physical
and mental health and overall quality of life, begins to reveal some
of the human rights implications of housing. Adequate housing is
universally viewed as one of the most basic human needs.
Yet as important as adequate housing is to everyone,
the United Nations Centre for Human Settlements estimates that
throughout the world over 1 billion people live in inadequate
housing, with in excess of 100 million people living in conditions
classified as homelessness.
Access to drinking water and adequate sanitation
facilities are additional basic needs directly associated with
housing. According to figures released by the World Health
Organization, 1.2 billion people in developing countries do not have
access to drinking water and 1.8 billion people live without access
to adequate sanitation (WHO Decade Assessment Report,
1990). These figures serve to illustrate the enormous
scale of the global struggle to fulfil the right to adequate
housing.
The International Year of Shelter for the Homeless in
1987 facilitated the raising of public awareness about the housing
and related problems still prevalent throughout the world. The
follow-up to the Year, the Global Strategy for Shelter to the Year
2000 has propelled housing issues forward, and has resulted in
housing rights being placed more prominently than ever before on the
human rights agenda of the United Nations.
The right to adequate housing forms a cornerstone of
the Global Shelter Strategy:
The right to adequate housing is universally
recognized by the community of nations . . . All nations without
exception, have some form of obligation in the shelter sector, as
exemplified by their creation of housing ministries or housing
agencies, by their allocation of funds to the housing sector, and by
their policies, programmes and projects . . . All citizens of all
States, poor as they may be, have a right to expect their
Governments to be concerned about their shelter needs, and to accept
a fundamental obligation to protect and improve houses and
neighbourhoods, rather than damage or destroy them. Adequate housing
is defined within the Global Strategy as meaning: adequate privacy,
adequate space, adequate security, adequate lighting and
ventilation, adequate basic infrastructure and adequate location
with regard to work and basic facilities-all at a reasonable cost.
How, then, has international human rights law sought
to translate this vision of adequate housing into practical legal
formulations?
The legal status of housing rights
With the adoption of the Universal Declaration of
Human Rights in 1948, the right to adequate housing joined the body
of international, universally applicable and universally accepted
human rights law. Since that time this right has been reaffirmed in
a wide range of additional human rights instruments, each of which
is relevant to distinct groups within society. No less than 12
different texts adopted and proclaimed by the United Nations
explicitly recognize the right to adequate housing (Annex I).
The housing rights of everyone
Many of the instruments that recognize the right to
adequate housing phrase this right as one to which everybody is
entitled. This is important, because although other texts mention
entitlement to adequate housing in the context of certain groups
(thus providing such groups added legal protection), ultimately,
adequate housing is the right of every child, woman and man-
everywhere. Article 25.1 of the Universal Declaration of Human
Rights thus proclaims that:
Everyone has the right to a standard of living
adequate for the health and well-being of himself and of 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.
The International Covenant on Economic, Social and
Cultural Rights has been ratified or acceded to by 108 States. This
text contains perhaps the most significant foundation of the right
to housing found in the entire body of legal principles which
comprise international human rights law. Article 11.1 of the
Covenant declares 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 co-operation based on free consent.
In addition to these two sources, both the United
Nations Declaration on Social Progress and Development (1969) and
the United Nations Vancouver Declaration on Human Settlements (1976)
recognize the rights of everyone to adequate housing.
Housing rights and non-discrimination
The International Convention on the Elimination of All
Forms of Racial Discrimination is presently the most widely ratified
of all United Nations human rights texts. Article 5 (e) of
this Convention includes the obligation of States parties to:
prohibit and eliminate racial discrimination in all
its forms and to guarantee the right of everyone, without
distinction as torace, colour, or national or ethnic origin, to
equality before thelaw, notably in the enjoyment of economic, social
and cultural rights in particular . . . the right to housing.
The housing rights of women
Equality of treatment is also the basis upon which all
women are accorded, among other rights, the right to housing. Under
article 14 of the Convention on the Elimination of All Forms of
Discrimination Against Women (1979), States parties are specifically
required to eliminate discrimination against women in rural areas
and to ensure to such women the right to enjoy adequate living
conditions, particularly in relation to housing, sanitation,
electricity and water supply.
The housing rights of children
Both the United Nations Declaration of the Rights of
the Child (1959) and the Convention on the Rights of the Child
(1989) address the special housing rights of children. Article 27 of
the Convention requires States parties to take appropriate measures
to assist parents and others responsible for the child to implement
the right to an adequate standard of living, and:
in case of need [to] provide material assistance and
support programmes, particularly with regard to nutrition, clothing
and housing.
The housing rights of migrant workers
The rights of migrant workers to equality of treatment
with respect to housing is guaranteed in article 43 of the
International Convention on the Protection of the Rights of All
Migrant Workers and Members of their Families (1990). This article
provides 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.
The housing rights of workers
The most lengthy international legal text concerning
housing is the 1961 International Labour Organisation (ILO)
Recommendation No. 115 on Worker's Housing. It contains a number of
clauses that recognize the central importance of housing, and which
augment other legal foundations of housing rights. After noting in
its preamble that the Constitution of ILO recognizes the solemn
obligation of the organization to further programmes which will
achieve the provision of adequate housing, Recommendation No. 115
states that:
it should be an objective of national housing policy
to . . . [ensure] that adequate and decent housing accommodation and
a suitable living environment are made available to all workers and
their families. A degree of priority should be accorded to those
whose needs are most urgent.
In total, some 37 ILO conventions and recommendations
mention in one respect or another, the subject of housing.
The housing rights of refugees
Under the 1951 Convention relating to the Status of
Refugees, the Contracting States are required to accord refugees
treatment as favourable as possible, and not less favourable than
that accorded to aliens generally in the same circumstances with
regard to housing.
The housing rights of indigenous peoples
The United Nations draft declaration on the rights of
indigenous peoples, though not yet adopted, mentions housing rights
twice: indigenous peoples shall have a right to determine, plan and
implement all housing and other social and economic programmes
affecting them; similarly, indigenous peoples shall also have the
right to autonomy in matters relating to their own internal and
local affairs, including housing.
In addition to being included in the various treaties
and declarations just noted, the right to adequate housing has also
been addressed in many resolutions adopted by all types of United
Nations decision-making organs. While such resolutions are not
legally binding, they serve the important function of articulating
internationally accepted standards. This method of recognition
reveals the sustained global attention and support given to the
right to adequate housing, at least in principle, by the
international community. Most of the resolutions concerning housing
rights have been directed at Governments, with a view to encouraging
them to do more to realize this right.
For example, in resolution 42/146, the General
Assembly reiterated the need to take, at the national and
international levels, measures to promote the right of all persons
to an adequate standard of living for themselves and their families,
including adequate housing, and calls upon all States and
international organizations concerned to pay special attention to
the realization of the right to adequate housing in carrying out
measures to develop national shelter strategies and settlement
improvement programmes.
These sentiments have been restated in a number of
additional resolutions adopted by the Economic and Social Council,
the Commission on Human Rights and the Sub-Commission on Prevention
of Discrimination and Protection of Minorities. Most recently, in
its resolution 1991/26, the Sub-Commission urged
all States to pursue effective policies and adopt
legislation aimed at ensuring the realization of the right to
adequate housing of the entire population, concentrating on those
currently homeless or inadequately housed.
Housing and other rights: an often unrecognized
link
The indivisibility and interdependence of all human
rights find clear expression through the right to housing. As
recognized by several human rights bodies of the United Nations, the
full enjoyment of such rights as the right to human dignity, the
principle of non-discrimination, the right to an adequate standard
of living, the right to freedom to choose one's residence, the right
to freedom of association and expression (such as for tenants and
other community-based groups), the right to security of person (in
the case of forced or arbitrary evictions or other forms of
harassment) and the right not to be subjected to arbitrary
interference with one's privacy, family, home or correspondence is
indispensable for the right to adequate housing to be realized,
possessed and maintained by all groups in society.
At the same time, having access to adequate, safe and
secure housing substantially strengthens the likelihood of people
being able to enjoy certain additional rights. Housing is a
foundation from which other legal entitlements can be achieved. For
example: the adequacy of one's housing and living conditions is
closely linked to the degree to which the right to environmental
hygiene and the right to the highest attainable level of mental and
physical health can be enjoyed. The World Health Organization has
asserted that housing is the single most important environmental
factor associated with disease conditions and higher mortality and
morbidity rates.
This relationship or "permeability" between certain
human rights and the right to adequate housing show clearly how
central are the notions of indivisibility and interdependence to the
full enjoyment of all rights.
Clarifying
governmental obligations
The widespread legal recognition of the right to
adequate housing is of the utmost importance. In practical terms,
however, it is necessary to spell out the specific steps which
Governments should take to turn these legal rights into concrete
realities for the people who are entitled to them. It is sometimes
mistakenly thought that rights such as the right to housing simply
require Governments to provide sufficient public funds towards this
end and that the subsequent allocation of monetary resources is all
that is needed for obligations surrounding this right to be
satisfied. However, the right to housing and, indeed, all economic,
social and cultural rights confer a much more lengthy and complex
series of obligations on States.
The Committee on Economic, Social and Cultural Rights
has helped to clarify the various governmental obligations arising
from recognition of the right to adequate housing. It has done this
through a number of initiatives. These include: (a) holding a
"general discussion" on this right; (b) comprehensively
revising the guidelines for States' reports under articles 16 and 17
of the Covenant on Economic, Social and Cultural Rights (Annex II);
(c) adopting its General Comment No. 4 on the Right to
Adequate Housing (Annex III); and (d) including in its
concluding observations on some States parties' reports remarks to
the effect that the State in question was infringing the right to
adequate housing owing to the practice of forced eviction.
These steps, and of course the norms of the Covenant
and other legal sources of the right to housing outlined above, give
rise to various levels of governmental obligations towards the
realization of this right.
The legal obligations of Governments concerning the
right to housing consist of (i) the duties found in article 2.1 of
the Covenant; and (ii) the more specific obligations to recognize,
respect, protect and fulfil this and other rights.
Article 2.1 of the Covenant is of central importance
for determining what Governments must do and what they should
refrain from doing in the process leading to the society-wide
enjoyment of the rights found in the Covenant. This article reads as
follows:
Each State Party to the present Covenant undertakes to
take steps, individually and through international assistance and
co-operation, especially economic and technical, to the maximum of
its available resources, with a view to achieving progressively the
full realization of the rights recognized in the present Covenant by
all appropriate means, including particularly the adoption of
legislative measures.
Three phrases in this article are particularly
important for understanding the obligations of Governments to
realize fully the rights recognized in the Covenant, including the
right to adequate housing: (a) "undertakes to take steps . .
. by all appropriate means"; (b) "to the maximum of its
available resources"; and (c) "to achieve progressively".
(a) "undertakes to take steps . . . by all
appropriate means"
This obligation is immediate. Steps must be undertaken
by States directly upon ratification of the Covenant. One of the
first of these appropriate steps should be for the State party to
undertake a comprehensive review of all relevant legislation with a
view to making national laws fully compatible with international
legal obligations.
The Committee on Economic, Social and Cultural Rights
has recognized that in many instances legislation is highly
desirable, and in some cases, indispensable, for the fulfilment of
each of the rights found in the Covenant. At the same time, however,
the Committee has emphasized that the adoption of legislative
measures alone, or the existence of legislative compatibility is not
enough for a State party to fulfil its obligations under the
Covenant.
The term "by all appropriate means" has been broadly
interpreted. In addition to legislative measures, administrative,
judicial, economic, social and educational steps must also be taken.
In general terms, Governments must also take steps
which are deliberate, concrete and targeted as clearly as possible
towards meeting the obligations recognized in the Covenant.
Consequently, rapid steps are required to diagnose the existing
situation of the rights found in the Covenant.
States parties are also obliged to develop policies
and set priorities consistent with the Covenant, based upon the
prevailing status of the rights in question. They are also required
to evaluate the progress of such measures and to provide effective
legal or other remedies for violations.
With specific reference to the right to adequate
housing, States parties are required to adopt a national housing
strategy. This strategy should define the objectives for the
development of shelter conditions, identify the resources available
to meet these goals, as well as the most cost-effective way of using
them, and set out the responsibilities and time-frame for the
implementation of the necessary measures.
Such strategies should reflect extensive genuine
consultation with, and participation by, all social sectors,
including the homeless and the inadequately housed and their
representatives and organizations.
Additional steps are required to ensure effective
coordination between relevant national ministries and regional and
local authorities in order to reconcile related policies (economic,
agriculture, environment, energy and so forth) with the obligations
arising from article II of the Covenant.
(b) "to the maximum of its available
resources
This means that both the resources within a State and
those provided by other States or the international community must
be utilized for the fulfilment of each of the rights found in the
Covenant. Even when "available resources" are demonstrably
inadequate, States parties must still strive to ensure the widest
possible enjoyment of the relevant rights under the prevailing
circumstances.
Importantly, this principle requires an equitable and
effective use of and access to the resources available. Although the
alleged lack of resources is often used to justify non-fulfilment of
certain rights, the Committee on Economic, Social and Cultural
Rights has emphasized that even in times of severe economic
contraction and the undertaking of measures of structural adjustment
within a State, vulnerable members of society can and indeed must be
protected by the adoption of relatively low-cost targeted
programmes.
If a State claims that it is unable to meet even its
minimum obligations because of a lack of resources, it must at least
be able to demonstrate that every effort has been made to use all
resources that are at its disposal in an effort to satisfy, as a
matter of priority, those minimum obligations. However, lack of
resources can never be used to justify failure of a State to fulfil
its obligation to monitor non-enjoyment of the rights found in the
Covenant.
In essence, the obligation of States is to demonstrate
that, in aggregate, the measures being taken are sufficient to
realize the right to adequate housing for every individual in the
shortest possible time using the maximum available resources.
(c) "to achieve progressively"
This imposes an obligation on States to move as
quickly and effectively as possible towards the goal of realizing
fully each of the rights found in the Covenant. Put simply, States
cannot indefinitely postpone efforts to ensure their full
realization. However, not all rights under this text are subject to
progressive implementation. Both the adoption of legislation
relating to the non-discrimination clauses of the Covenant and
monitoring of the status of realization of the rights in question
must occur immediately following ratification.
This obligation "to achieve progressively" must be
read in the light of article 11.1I of the Covenant, in particular
the reference to the right to the "continuous improvement of living
conditions". Any deliberately retrogressive measures in that regard
would require the most careful consideration and would need to be
fully justified by reference to the totality of the rights provided
for in the Covenant and in the context of the full use of the
maximum available resources.
The obligation of progressive realization, moreover,
exists independently of any increase in resources. Above all, it
requires effective use of resources available.
"A minimum core obligation"
Under the Covenant on Economic, Social and Cultural
Rights, each State party, notwithstanding its level of economic
development, is under a minimum core obligation to ensure the
satisfaction of, at the very least, minimum essential levels of each
of the rights found in this instrument. Under the same Covenants, a
State party in which any significant number of individuals is
deprived of basic shelter and housing is, prima facie, failing to
perform its obligations under the Covenant. Beyond this core
requirement are four levels of additional governmental obligations
relating to the right to adequate housing.
"To Recognize"
The obligation of States to recognize the right to
housing manifests itself in several key areas. First, all countries
must recognize the human rights dimensions of housing, and ensure
that no measures of any kind are taken with the intention of eroding
the legal status of this right.
Second, legislative measures, coupled with appropriate
policies geared towards the progressive realization of housing
rights, form part of the obligation "to recognize". Any existing
legislation or policy which clearly detracts from the legal
entitlement to adequate housing would require repeal or amendment.
Policies and legislation should not be designed to benefit already
advantaged social groups at the expense of those in greater need.
Another dimension of the duty to recognize this right
can be expressed in terms of policy. Specifically, housing rights
issues should be incorporated into the overall development
objectives of States. In addition, a national strategy aimed at
progressively realizing the right to housing for all through the
establishment of specific targets should be adopted.
Third, the recognition of the right to housing means
that measures must be undertaken by States to assess the degree to
which this right is already enjoyed by the population at the time of
ratification. Even more importantly, a genuine attempt must be made
by States to determine the degree to which this right is not in
place, and to target housing policies and laws towards attaining
this right for everyone in the shortest possible time. In this
respect, States must give due priority to those social groups living
in unfavourable conditions by according them particular
consideration.
"To Respect"
The duty to respect the right to adequate housing
means that Governments should refrain from any action which prevents
people from satisfying this right themselves when they are able to
do so. Respecting this right will often only require abstention by
the Government from certain practices and a commitment to facilitate
the "self-help" initiatives of affected groups. In this context,
States should desist from restricting the full enjoyment of the
right to popular participation by the beneficiaries of housing,
rights, and respect the fundamental right to organize and assemble.
In particular, the responsibility of respecting the
right to adequate housing means that States must abstain from
carrying out or otherwise advocating the forced or arbitrary
eviction of persons and groups. States must respect people's rights
to build their own dwellings and order their environments in a
manner which most effectively suits their culture, skills, needs and
wishes. Honouring the right to equality of treatment, the right to
privacy of the home and other relevant rights also form part of the
State's duty to respect housing rights.
"To Protect"
To protect effectively the housing rights of a
population, Governments must ensure that any possible violations of
these rights by "third parties" such as landlords or property
developers are prevented. Where such infringements do occur, the
relevant public authorities should act to prevent any further
deprivations and guarantee to affected persons access to legal
remedies of redress for any infringement caused.
In order to protect the rights of citizens from acts
such as forced evictions, Governments should take immediate measures
aimed at conferring legal security of tenure upon all persons and
households in society who currently lack such protection. In
addition, residents should be protected, by legislation and other
effective measures, from discrimination, harassment, withdrawal of
services or other threats.
Steps should be taken by States to ensure that
housing-related costs for individuals, families and households are
commensurate with income levels. A system of housing subsidies
should be established for sectors of society unable to afford
adequate housing, as well as for the protection of tenants against
unreasonable or sporadic rent increases.
States should ensure the creation of judicial,
quasi-judicial, administrative or political enforcement mechanisms
capable of providing redress to alleged victims of any infringement
of the right to adequate housing.
"To Fulfil"
In comparison with the duties to recognize, to respect
and to protect, the obligation of a State to fulfil the right
to adequate housing is both positive and interventionary. It is in
this category, in particular, that issues of public expenditure,
government regulation of the economy and land market, the provision
of public services and related infrastructure, the redistribution of
income and other positive obligations emerge.
The Committee on Economic, Social and Cultural Rights
has asserted that identifiable governmental strategies aimed at
securing the right of all persons to live in peace and dignity
should be developed. Access to land as an entitlement should be
included in such strategies. The Committee has stated further that
many of the measures required to satisfy the right to housing will
involve resource allocations and that, in some cases, public funds
allocated to housing might most usefully be spent on direct
construction of new housing.
Generally, on the issue of housing finance, States
must establish forms and levels of expenditure which adequately
reflect society's housing needs, and which are consistent with the
obligations arising from the Covenant and other legal sources.
As proclaimed in the Limburg Principles on the
Implementation of the Covenant on Economic, Social and Cultural
Rights, and reiterated subsequently by the Committee, due priority
shall be given, in the use of all available resources, to the
realization of rights recognized in the Covenant, mindful of the
need to assure to everyone the satisfaction of subsistence
requirements, as well as the provision of essential services.
Other initiatives
In his 1990 report to the Sub-Commission on Prevention
of Discrimination and Protection of Minorities, the Special
Rapporteur on the realization of economic, social and cultural
rights initiated a process of elaborating the content of housing
rights within the framework of possible areas of future
standard-setting by the United Nations.
In 1992, a working paper entitled "The right to
adequate housing" prepared by the Special Rapporteur was considered
by the Sub-Commission. A key element of this paper was the effort
further to elucidate the obligations of States vis-à-vis this
right. The study also explored the question of whether the United
Nations should eventually adopt a specific convention on housing
rights.
The obligations of
the international community
The obligations of the international community (a term
which encompasses all States and international agencies) towards the
realization of the right to adequate housing are more extensive than
is generally assumed.
For example, under Articles 55 and 56 of the Charter
of the United Nations and in accordance with well-established
principles of international law, international cooperation for the
realization of economic, social and cultural rights is an obligation
of all States. This responsibility is particularly incumbent
upon those States which are in a position to assist others in this
regard.
Similarly, the 1986 Declaration on the Right to
Development emphasizes that in the absence of an active programme of
international, technical and financial assistance and cooperation,
the full realization of economic, social and cultural rights will
remain an unfulfilled aspiration in many countries.
In more specific terms, related to the right to
adequate housing, the international community as a whole is legally
obligated to ensure protection of this right through a number of
measures, such as:
Refraining from coercive measures designed to force a
State to abrogate or infringe its housing rights obligations;
Providing financial or other assistance to States
affected by natural, ecological or other disasters, resulting in,
inter alia, the destruction of homes and settlements;
Ensuring the provision of shelter and/or housing to
displaced persons and international refugees fleeing persecution,
civil strife, armed conflict, droughts, famine, etc.;
Responding to abject violations of housing rights
carried out in any State; and
Diligently reaffirming the importance of the right to
adequate housing, at regular intervals, and ensuring that newly
adopted legal texts do not in any way detract from existing levels
of recognition accorded to this right.
The entitlements
of housing rights
One of the barriers to achieving housing rights
has been the absence of a universally recognized definition of the
set of entitlements comprising this norm. This hurdle was perhaps
more the result of perception than genuine legal analysis. In recent
times, a number of steps have been taken to refine legal approaches
to this matter. Most notably, General Comment No. 4, of the
Committee on Economic, Social and Cultural Rights, on the Right to
Adequate Housing defines this right as being comprised of a variety
of specific concerns. Viewed in their entirety, these entitlements
form the core guarantees which, under international law, are legally
vested in all persons.
1. Legal security of tenure
All persons should possess a degree of security of
tenure which guarantees legal protection against forced eviction,
harassment and other threats. Governments should consequently take
immediate measures aimed at conferring legal security of tenure upon
those households currently lacking such protection. Such steps
should be taken in genuine consultation with affected persons and
groups.
2. Availability of services, materials and
infrastructure
All beneficiaries of the right to adequate housing
should have sustainable access to natural and common resources,
clean drinking water, energy for cooking, heating and lighting,
sanitation and washing facilities, food storage facilities, refuse
disposal, site drainage and emergency services.
3. Affordable housing
Personal or household costs associated with housing
should be at such a level that the attainment and satisfaction of
other basic needs are not threatened or compromised. Housing
subsidies should be available for those unable to obtain affordable
housing, and tenants should be protected from unreasonable rent
levels or rent increases. In societies where natural materials
constitute the chief sources of building materials for housing,
steps should be taken by States to ensure the availability of such
materials.
4. Habitable housing
Adequate housing must be habitable. In other words, it
must provide the inhabitants with adequate space and protect them
from cold, damp, heat, rain, wind or other threats to health,
structural hazards and disease vectors. The physical safety of
occupants must also be guaranteed.
5. Accessible housing
Adequate housing must be accessible to those entitled
to it. Disadvantaged groups must be accorded full and sustainable
access to adequate housing resources. Thus, such disadvantaged
groups as the elderly, children, the physically disabled, the
terminally ill, HIV-positive individuals, persons with persistent
medical problems, the mentally ill, victims of natural disasters,
people living in disaster-prone areas and other vulnerable groups
should be ensured some degree of priority consideration in the
housing sphere. Both housing law and policy should take fully into
account the special housing, needs of these groups.
6. Location
Adequate housing, must be in a location which allows
access to employment options, health care services, schools, child
care centres and other social facilities. Housing should not be
built on polluted sites nor in immediate proximity to pollution
sources that threaten the right to health of the inhabitants.
7. Culturally adequate housing
The way housing is constructed, the building materials
used and the policies underlying these must appropriately enable the
expression of cultural identity and diversity. Activities geared
towards development or modernization in the housing sphere should
ensure that the cultural dimensions of housing are not sacrificed.
These extensive entitlements reveal some of the
complexities associated with the right to adequate housing. They
also show the many areas which must be fully considered by States
with legal obligations to satisfy the housing rights of their
population. Any person, family, household, group or community living
in conditions in which these entitlements are not fully satisfied,
could reasonably claim that they do not enjoy the right to adequate
housing as enshrined in international human rights law.
Monitoring the right
to adequate housing
The wide range of issues arising from the right to
adequate housing requires the United Nations to undertake a variety
of monitoring activities.
Monitoring by Habitat
Many of the more technical issues associated with this
right are monitored by the United Nations Centre for Human
Settlements (Habitat) in accordance with the Global Strategy for
Shelter to the Year 2000.
Habitat has worked out a set of key indicators
designed to capture the essential elements of shelter sector
performance in all countries. These indicators emphasize the
availability of basic services as an integral component of shelter
adequacy. Other relevant factors include price, quantity, quality,
supply and demand. Reports from Governments based on these
indicators are to be prepared every two years for consideration by
the Commission on Human Settlements.
Related monitoring of the implementation of the Global
Strategy for Shelter to the Year 2000 is also coordinated by
Habitat. This process is designed to indicate action taken and
progress made, not just by States Members of the United Nations but
also by agencies of the United Nations system as well as regional,
bilateral and non-governmental organizations.
On 5 May 1993, the Commission on Human Settlements
adopted a resolution on the human right to adequate housing (see
excerpt reproduced in Annex I). The Resolution recommends, inter
alia, that the Preparatory Committee for the planned 1996 United
Nations Conference on Human Settlements (Habitat II), consider the
question of the human right to adequate housing
Monitoring by the United Nations human rights
system
Under the Covenant on Economic, Social and Cultural
Rights, States parties are required to submit reports once every
five years, outlining, inter alia, the legislative and other
measures they have taken to realize for all people under their
jurisdiction the right to adequate housing.
The Committee on Economic, Social and Cultural Rights
issues guidelines to assist States parties in compiling their
reports. These guidelines were completely revised in 1990. The
guidelines on the right to adequate housing are contained in Annex
II.
States parties to the Covenant are encouraged under
the new guidelines to report on such developments and measures as:
the number of homeless individuals and families; the number of
people currently inadequately housed; the number of persons evicted
during the previous five-year period; the number of people lacking
legal protection against arbitrary or forced evictions; the
existence of legislation affecting the realization of the right to
adequate housing; measures taken to release unutilized land for the
purposes of housing; and measures taken to ensure that international
assistance for housing and human settlements is used to fulfil the
needs of the most disadvantaged groups.
The Committee on Economic, Social and Cultural Rights
examines these reports very carefully along with any other available
information. It also engages in discussions with the representative
of the State party presenting his or her country's report. Through
this process, the Committee is in a position to monitor the degree
to which the rights set forth in the Covenant have been realized by
and in each State party.
With respect to the right to adequate housing, the
Committee and other United Nations human rights bodies have
recognized that comprehensively monitoring the extent to which this
right is respected and enjoyed is a difficult task.
Part of the difficulty stems from the fact that very
few States systematically collect housing statistics or indicators
which are directly relevant to the concerns expressed in the
Covenant.
However, the Committee in its General Comment No. 4
makes it clear that the obligation to monitor effectively the
situation with respect to housing is a positive one. States parties
are therefore required to take whatever steps are necessary, either
alone or on the basis of international cooperation, to ascertain the
full extent of homelessness and inadequate housing within their
jurisdiction.
States parties must, in particular, provide detailed
information to the Committee about those groups within society that
are vulnerable and disadvantaged with regard to housing.
Reports from each of the States parties to the
Covenant are public. Copies are available from the United Nations
Centre for Human Rights in Geneva.
Towards the
justiciability of housing rights
The question of whether the legal principle of
justiciability or the provision of domestic legal remedies are
applicable to economic, social and cultural rights, in particular
the right to adequate housing, has been answered affirmatively by
the Committee on Economic, Social and Cultural Rights. According to
the Committee, areas where such provisions would apply, include:
(a) Legal appeals aimed at preventing planned
evictions or demolitions through the issuance of court-ordered
injunctions;
(b) Legal procedures seeking compensation
following an illegal eviction;
(c) Complaints against illegal actions carried
out or supported by landlords (whether public or private) in
relation to rent levels, dwelling maintenance and racial or other
forms of discrimination;
(d) Allegations of any form of discrimination
in the allocation and availability of access to housing;
(e) Complaints against landlords concerning
unhealthy or inadequate housing conditions; and
(f) Class action suits in situations involving
significantly increased levels of homelessness.
Violations of housing rights
Various United Nations human rights bodies have
confirmed that housing rights can be violated by Governments. In one
of the first opinions on this issue, the Committee on Economic,
Social and Cultural Rights noted at its fourth session (1990) that:
The right to housing can be subject to violation. Acts
and omissions constituting violations will need to be explored by
the Committee, especially in the context of evictions.
Also at its fourth session, in its General Comment No.
2 which dealt with international technical assistance measures, the
Committee asserted that the international financial institutions and
development agencies
should scrupulously avoid involvement in projects
which . . . involve large-scale evictions or displacement of persons
without the provision of all appropriate protection and compensation
. . . Every effort should be made, at each phase of a development
project, to ensure that the rights contained in the Covenant are
taken duly into account.
Since that time, the Committee has strengthened its
approach towards the compliance by State parties with housing rights
obligations. On two separate occasions the Committee determined that
tolerance by Governments of forced evictions on their territory
constituted a violation of the norms of the Covenant. General
Comment No. 4 on the Right to Adequate Housing provides further
insight into the views of the Committee on this matter:
The Committee considers that instances of forced
evictions are prima facie incompatible with the requirements of the
Covenant and can only be justified in the most exceptional
circumstances, and in accordance with the relevant principles of
international law.
Similarly, in its resolution 1991/12 the
Sub-Commission on Prevention of Discrimination and Protection of
Minorities draws attention to
the fact that the practice of forced evictions
constitutes a gross violation of human rights, in particular the
right to adequate housing, [and] the need for immediate measures to
be undertaken at all levels aimed at eliminating the practice of
forced eviction.
More recently, the Commission on Human Rights, in its
resolution 1993/77 affirmed that
the practice of forced evictions constitutes a gross
violation of human rights, in particular, the right to adequate
housing.
To date, the United Nations has only considered
violations of housing rights in the context of forced evictions
either conducted or tolerated by the State. However, it is likely
that in the near future, other actual and potential violations of
the right to housing will also be considered. In 1991, the Committee
on Economic, Social and Cultural Rights ventured an opinion that "a
general decline in liviing and housing conditions, directly
attributable to policy and legislative decisions by States parties,
and in the absence of accompanying compensatory measures, would be
inconsistent with the obligations found in the Covenant".
Other acts and omissions which could provoke concern
regarding possible infringements of the right to adequate housing
include, but are not limited to: acts of racial or other forms of
discrimination in the housing sphere; demolition or destruction of
housing as a punitive measure; failing to take "appropriate steps"
as described above; failing to reform or repeal legislation
inconsistent with the Covenant; or not ensuring to any significant
number of individuals a basic minimum level of shelter or housing.
Housing rights: is there a right to
complain?
The Covenant on Economic, Social and Cultural Rights
creates no formal mechanisms by which individuals could submit
complaints alleging non-compliance by their Governments with their
housing rights. Nevertheless, by working with non-governmental
organizations which are active at the annual sessions of the
Committee on Economic, Social and Cultural Rights, affected persons
and groups can draw the attention of this body to practices and
legislation of States parties that are believed to be inconsistent
with the obligations of the Covenant.
A number of complaints may be expanded in the future.
The Committee has been discussing the idea of incorporating an
optional protocol similar to the Optional Protocol to the Covenant
on Civil and Political Rights. Among other things, such a protocol
would allow citizens of States which had ratified the Covenant to
submit complaints about alleged violations of the rights contained
in that instrument directly to the Committee for consideration.
In addition, the complaint mechanisms under the
International Convention on the Elimination of All Forms of Racial
Discrimination (Fact Sheet Nos. 7, 12), the Optional Protocol to the
Covenant on Civil and Political Rights (Fact Sheet Nos. 7, 15), the
Convention on the Rights of the Child (revised Fact Sheet No. 10),
the Economic and Social Council resolution 1503 procedure and the
enforcement mechanisms of the International Labour Organisation
could be utilized by persons alleging that they are the victims of
certain types of housing rights violations.
Furthermore, specific issues and cases relating to the
right to adequate housing can be raised by Member States, the
specialized agencies and non-governmental organizations in a number
of different United Nations forums: the Sub-Commission on Prevention
of Discrimination and Protection of Minorities, the Commission on
Human Rights (either directly or through its country-oriented
Special Rapporteurs or Working Groups if appropriate), the Economic
and Social Council and the General Assembly.
States themselves, of course, can always raise their
concerns about the housing rights situation in another State if this
situation should constitute infringements of existing legal
obligations undertaken by the latter State. Some treaties include
the right of States parties to initiate "inter-State complaints"
against other States parties to the same human rights instrument.
Non-governmental organizations and housing
rights
Non-governmental organizations are both local and
international, important actors in efforts to promote and enforce
the right to adequate housing.
At the local and national levels, non-governmental
organizations can carry out a wide range of initiatives designed to
promote the realization of the right to adequate housing. With
specific regard to the Covenant on Economic, Social and Cultural
Rights, they can publicize and distribute this instrument to
vulnerable and disadvantaged groups in society. They can also seek
to participate in the reporting process engaged in by governments.
Some non-governmental organizations have consultative
status with the United Nations. This allows them certain rights of
participation in the United Nations system. Individuals, local
groups and other organizations without consultative status can
forward their concerns through them to the Committee on Economic,
Social and Cultural Rights and other bodies dealing with housing
rights issues.
In addition, any person or group, anywhere, can send
information about violations by any State party of any of the rights
found in the Covenant directly to the secretary of the Committee at
the Centre for Human Rights. These communications are placed in the
relevant country file for eventual distribution to Committee
members.
Non-governmental organizations can provide legal
education, training and advice to citizens in States which have
ratified the Covenant or other relevant instruments, with a view to
informing people of their rights and how to enforce them.
Campaigns for housing rights exist in more than a
dozen countries, as well as at the international level. These
campaigns seek to monitor the situation as well as to enforce the
right to adequate housing through a variety of means including
reliance on the international legal standards which have been set
out in this Fact Sheet. A list of prominent organizations engaged in
the struggle for universal recognition of the right to adequate
housing can be found in Annex IV.
ANNEXES
ANNEX I
Legal sources of the right to adequate housing
under international human rights law
INTERNATIONAL CONVENTIONS AND COVENANTS
International Covenant on Economic, Social and
Cultural Rights (1966),adopted by United Nations General
Assembly resolution 2200 A (XXI) on 16 December 1966, entered into
force on 3 January 1976; 106 States Parties as of June 1992. State
compliance with the Covenant is monitored by the Committee on
Economic, Social and Cultural Rights. Article 11. I 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 States Parties will take appropriate steps to ensure the
realization of this right, recognizing to this effect the essential
importance of international co-operation based on free consent."
International Convention on the Elimination of
All Forms of Racial Discrimination (1965),
adopted by General Assembly resolution 2106 A (XX) on 21
December 1965, entered into force on 4 January 1969; 130 States
Parties as of January 1992. State compliance with the Convention is
monitored by the Committee on the Elimination of Racial
Discrimination. Article 5 states:
"In compliance with the fundamental obligations laid
down in article 2 of this Convention, States Parties undertake to
prohibit and eliminate racial discrimination in all 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 the following rights: . . . (e)
Economic, Social and Cultural rights in particular: . . . (iii) The
right to housing."
Convention on the Elimination of All Forms of
Discrimination Against Women (1979), adopted by General Assembly
resolution 34/180 of 18 December 1979, entered into force on 3
September 1981; 99 States Parties as of January 1992. State
compliance with the Convention is monitored by the Committee on the
Elimination of Discrimination Against Women. Article 14.2 states:
"States Parties shall take 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."
Convention on the Rights of the Child (1989),
adopted by General Assembly resolution 44/25 on 20 November
1989, entered into force on 2 September 1990; 69 States Parties as
of January 1992. State compliance with this Convention is monitored
by the Committee on the Rights of the Child. Article 27.3 states:
"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 case of need provide material assistance and
support programmes, particularly with regard to nutrition, clothing
and housing. "
Convention Relating to the Status of Refugees
(1951), adopted on 28 July 1951 by the United Nations Conference
of Plenipotentiaries of the Status of Refugees and Stateless
Persons, entered into force on 22 April 1954. Article 21 states:
"As regards housing, the Contracting States, in
so far as the matter is regulated by laws or regulations or is
subject to the control of public authorities, shall accord to
refugees lawfully staying in their territory treatment as favourable
as possible and, in any event, not less favourable than that
accorded to aliens generally in the same circumstances."
International Convention on the Protection of the
Rights of All Migrant Workers and Members of their Families
(1990), adopted by General Assembly resolution 45/158 on 16
December 1990; not yet in force. State compliance with this
Convention will be monitored by the Committee on the Protection of
the Rights of All Migrant Workers and Members of their Families.
Article 43.1 states:
"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."
INTERNATIONAL DECLARATIONS AND RECOMMENDATIONS
The Universal Declaration of Human Rights (1948),
adopted and proclaimed by United Nations General Assembly
resolution 217 A (III) of 10 December 1948. Article 25.1 states:
"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."
Declaration of the Rights of the Child (1959),
proclaimed by General Assembly resolution 1386 (XIV) on 29
November 1959. Principle 4 states:
"The child shall enjoy the benefits of social
security. He shall be entitled to grow and develop in health; to
this end special care and protection shall be provided to him and
his mother, including adequate pre-natal and post-natal care. The
child shall have the right to adequate nutrition, housing,
recreation and medical services."
International Labour Organisation (ILO)
Recommendation No. 115 on Worker's Housing (1961),
adopted at the forty-fourth session of the ILO Governing Body on
7 June 1961. Principle 2 states:
"It should be an objective of national [housing]
policy to promote, within the framework of general housing policy,
the construction of housing and related community facilities with a
view to ensuring that adequate and decent housing
accommodation and a suitable living environment are made
available to all workers and their families. A degree of priority
should be accorded to those whose needs are most urgent."
Declaration on Social Progress and Development
(1969), proclaimed by General Assembly resolution 2542 (XXIV) on
11 December 1969. Part II states:
"Social progress and development shall aim at the
continuous raising of the material and spiritual standards of living
of all members of society, with respect for and in compliance with
human rights and fundamental freedoms, through the attainment of the
following main goals:
". . .
"Article 10
". . .
(f) The provision for all, particularly persons
in low-income groups and large families, of adequate housing
and community services."
Vancouver Declaration on Human Settlements
(1976), adopted by the United Nations Conference on Human
Settlements in 1976. Section I (8) and Chapter II (A.3) state,
respectively:
"Adequate shelter and services are a basic
human right which places an obligation on governments to ensure
their attainment by all people, beginning with direct assistance to
the least advantaged through guided programmes of self-help and
community action. Governments should endeavour to remove all
impediments hindering attainment of these goals. Of special
importance is the elimination of social and racial segregation,
inter alia, through the creation of better balanced
communities, which blend different social groups, occupations,
housing and amenities."
"The ideologies of States are reflected in their human
settlement policies. These being powerful instruments for change,
they must not be used to dispossess people from their homes or land
or to entrench privilege and exploitation. The human settlement
policies must be in conformity with the declaration of principles
and the Universal Declaration of Human Rights."
Declaration on the Right to Development (1986),
adopted by General Assembly resolution 41/128 on 4 December
1986. Article 8.1 states:
"States should undertake, at the national level, all
necessary measures for the realization of the right to development
and shall ensure, inter-alia, equality of opportunity for all
in their access to basic resources, education, health services,
food, housing, employment and the fair distribution of
income. Effective measures should be undertaken to ensure that women
have an active role in the development process. Appropriate economic
and social reforms should be carried out with a view to eradicating
all social injustices."
SELECTED UNITED NATIONS RESOLUTIONS
General Assembly resolution 41/146, entitled
"The realization of the right to adequate housing", adopted on 4
December 1986, states in part:
"The General Assembly expresses its deep concern that
millions of people do not enjoy the right to adequate housing."
General Assembly resolution 42/146, entitled
"The realization of the right to adequate housing", adopted on 7
December 1987, states in part:
"The General Assembly reiterates the need to take, at
the national and international levels, measures to promote the right
of all persons to an adequate standard of living for themselves and
their families, including adequate housing; and calls upon all
States and international organizations concerned to pay
special attention to the realization of the right to adequate
housing in carrying out measures to develop national shelter
strategies and settlement improvement programmes within the
framework of the Global Strategy for Shelter to the Year 2000."
Economic and Social Council resolution 1987/62,
entitled "The realization of the right to adequate housing",
adopted on 29 May 1987, states in part:
"Recognizing that the Universal Declaration of Human
Rights and the International Covenant on Economic, Social and
Cultural Rights provide that all persons have the right to an
adequate standard of living for themselves and their families,
including adequate housing, and that States should take appropriate
steps to ensure the realization of that right."
Commission on Human Rights resolution 1986/36,
entitled "The realization of the right to adequate housing",
adopted on 12 March 1986, states in part:
"The Commission on Human Rights reiterates the right
of all persons to an adequate standard of living for themselves and
their families, including adequate housing."
Commission on Human Rights resolution 1987/22,
entitled "The realization of the right to adequate housing",
adopted on 10 March 1987, states in part:
"The Commission on Human Rights reiterates the need to
take appropriate measures, at the national and international levels,
for promoting the right of all persons to an adequate standard of
living for themselves and their families, including adequate
housing."
Commission on Human Rights resolution 1988/24,
entitled "The realization of the right to adequate housing",
adopted on 7 March 1988, states in part:
"The Commission on Human Rights decides . . . to keep
the question of the right to adequate housing under periodic review.
"
Commission on Human Rights resolution 1993/77,
entitled "Forced evictions", adopted on 10 March 1993, states in
part:
"The Commission on Human Rights . . . affirms that the
practice of forced evictions constitutes a gross violation of human
rights, in particular the right to adequate housing;
". . . urges governments to undertake immediate
measures, at all levels, aimed at eliminating the practice of forced
evictions . . . to confer legal security of tenure on all persons
currently threatened with forced evictions;
". . . recommends that all Governments provide
immediate restitution, compensation and/or appropriate and
sufficient alternative accommodation or land . . . to persons or
communities that have been forcibly evicted;
". . . . requests the Secretary-General to compile an
analytical report on the practice of forced evictions, based on an
analysis of international law and jurisprudence and information
submitted [by] Governments, relevant United Nations bodies . . .
regional intergovernmental and non-governmental organizations and
community-based organizations."
Commission on Human Settlements resolution 14/6,
entitled "The human right to adequate housing", adopted on 5 May
1993, states in part:
"The Commission on Human Settlements urges all States
to cease any practices which could or do result in the infringements
of the human right to adequate housing, in particular the practice
of forced, mass evictions and any form of racial or other
discrimination in the housing sphere;
. . .
"Invites all States to repeal, reform or amend any
existing legislation, policies, programmes or projects which in any
manner negatively affect the realization of the right to adequate
housing;
"Urges all States to comply with existing
international agreements concerning the right to adequate housing,
and to this end, to establish . . . appropriate monitoring
mechanisms to provide, for national and international consideration,
accurate data and indicators on the extent of homelessness,
inadequate housing conditions, persons without security of tenure,
and other issues arising from the right to adequate housing and
providing insights into policy, structural and other impediments to
the efficient operation of the shelter sector."
Sub-Commission on Prevention of Discrimination
and Protection of Minorities resolution 1991/12, entitled
"Forced evictions" adopted on 28 August 1991, states in part:
"The Sub-Commission,
"Recognizing that the practice of forced eviction
involves the involuntary removal of persons, families and groups
from their homes and communities, resulting in the destruction of
the lives and identities of people throughout the world, as well as
increasing homelessness,
. . .
"Draws the attention of the Commission on Human Rights
to . . . (b) The fact that the practice of forced evictions
constitutes a gross violation of human rights, in particular the
right to adequate housing; (c) The need for immediate
measures to be undertaken at all levels aimed at eliminating the
practice of forced eviction;
. . .
"Emphasizes the importance of the provision of
immediate, appropriate and sufficient compensation and/or
alternative accommodation, consistent with the wishes and needs of
persons and communities forcibly or arbitrarily evicted, following
mutually satisfactory negotiations with the affected person(s) or
group(s)."
Sub-Commission on Prevention of Discrimination
and Protection of Minorities resolution 1991/26, entitled
"Promoting the realization of the right to adequate housing",
adopted on 29 August 1991, states in part:
"The Sub-Commission urges all States to pursue
effective policies and adopt legislation aimed at ensuring the
realization of the right to adequate housing of the entire
population, concentrating on those currently homeless or
inadequately housed."
ANNEX II
Revised guidelines regarding the form and
contents of States reports to be submitted by States parties
under Articles 16 and 17 of the Covenant on Economic, Social
and Cultural Rights
THE RIGHT TO ADEQUATE HOUSING
(a) Please furnish detailed statistical
information about the housing situation in your country.
(b) Please provide detailed information about
those groups within your society that are vulnerable and
disadvantaged with regard to housing. Indicate, in particular:
(i) The number of homeless individuals and families;
(ii) The number of individuals and families currently
inadequately housed and without ready access to basic amenities such
as water, heating (if necessary), waste disposal, sanitation
facilities, electricity, postal services, etc. (in so far as you
consider these amenities relevant in your country). Include the
number of people living in overcrowded, damp, structurally unsafe
housing or other conditions which affect health;
(iii) The number of persons currently classified as
living in "illegal" settlements or housing;
(iv) The number of persons evicted within the last
five years and the number of persons currently lacking legal
protection against arbitrary eviction or any other kind of eviction;
(v) The number of persons whose housing expenses are
above any government-set limit of affordability, based upon ability
to pay or as a ratio of income;
(vi) The number of persons on waiting lists for
obtaining accommodation, the average length of waiting time and
measures taken to decrease such lists, as well as to assist those on
such lists in finding temporary housing,;
(vii) The number of persons in different types of
housing tenure by: social or public housing; private rental sector;
owner-occupiers; "illegal" sector; and others.
(c) Please provide information on the existence
of any laws affecting the realization of the right to housing,
including:
(i) Legislation which gives substance to the right to
housing in terms of defining the content of this right;
(ii) Legislation such as housing acts, homeless person
acts, municipal corporation acts, etc.;
(iii) Legislation relevant to land use, land
distribution, land allocation, land zoning, land ceilings,
expropriations including provisions for compensation, land planning
including procedures for community participation;
(iv) Legislation concerning the rights of tenants to
security of tenure, to protection from eviction, to housing finance
and rent control (or subsidy), housing affordability, etc.;
(v) Legislation concerning building codes, building
regulations and standards and the provision of infrastructure;
(vi) Legislation prohibiting any and all forms of
discrimination in the housing sector, including against groups not
traditionally protected;
(vii) Legislation prohibiting any form of eviction;
(viii) Any legislative appeal or reform of existing
laws which detracts from the fulfilment of the right to housing;
(ix) Legislation restricting speculation on housing or
property, particularly when such speculation has a negative impact
on the fulfilment of housing rights for all sectors of society;
(x) Legislative measures conferring legal title to
those living in the "illegal" sector;
(xi) Legislation concerning environmental planning and
health in housing and human settlements.
(d) Please provide information on all other
measures taken to fulfil the right to housing, including:
(i) Measures taken to encourage "enabling strategies"
whereby local community-based organizations and the "informal
sector" can build housing and related services. Are such
organizations free to operate? Do they receive government funding?;
(ii) Measures taken by the State to build housing
units and to increase other construction of affordable rental
housing;
(iii) Measures taken to release unutilized,
underutilized or misutilized land;
(iv) Financial measures taken by the State, including
details of the budget of the Ministry of Housing or other relevant
Ministry as a percentage of the national budget;
(v) Measures taken to ensure that international
assistance for housing and human settlements is used to fulfil the
needs of the most disadvantaged groups;
(vi) Measures taken to encourage the development of
small and intermediate urban centres, especially at the rural level;
(vii) Measures taken during, inter-alia, urban
renewal programmes, redevelopment projects, site upgrading,
preparation for international events (Olympics, World Fairs,
conferences, etc.), "beautiful city" campaigns, etc., which
guarantee protection from eviction or guarantee rehousing based on
mutual agreement, by any persons living on or near to affected
sites.
(e) During the reporting period, have there been any
changes in the national policies, laws and practices negatively
affecting the right to adequate housing? If so, please describe the
changes and evaluate their impact.
English | Español |
Français |
| 
| 
