Legal resources

In legal terms, the most powerful documents are called conventions, covenants or charters, as these are legally binding treaties.

 

Declarations and recommendations are also of vital importance, but are accorded less legal weight than treaties.

 

Arguments supporting housing rights are much stronger if you can show that your country has ratified or acceded to any of the conventions, covenants or charters listed below. If your country has ratified any of these then your government has a voluntarily acquired legal obligation to fulfil the particular housing rights provisions contained in that treaty. If your government has only signed a treaty and not ratified or acceded to it, that treaty is not technically binding on your government.

 

The UDHR is the first major international agreement on human rights and forms a key part of the International Bill of Rights. It is considered to have been the inspiration to all subsequent human rights treaties. It is also the first human rights standard to recognise housing rights. Adopted and proclaimed by the General Assembly on 10 December 1948, Article 25 of the UDHR enshrines a specific right for everyone to adequate housing: 

 

Article 25: "Everyone has the right to a standard 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."

 

At the international level, the most significant articulation of the right to housing is found in the ICESCR. The ICESCR is a treaty and became law on 3 January 1976 and is now legally binding on more than 149 countries. The right to adequate housing is found in article 11(1). This is the most legally significant universal codification provision recognizing this right and has been subject to the greatest analysis, application and interpretation of all international legal sources of housing rights. Although the Covenant recognises the right to housing as a part of the larger right to an adequate standard of living, under international human rights law the right to adequate housing is understood as an independent or free-standing right. The Committee on Economic, Social and Cultural Rights (CESCR) is responsible for monitoring State party compliance with the Covenant. 

 

Article 11(1): "The State parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and for 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."