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Legal Resources on Housing Rights
Details on the major international human rights instruments
Housing rights are entrenched in a number of international human rights instruments. Relevant excerpts from The Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, the Convention on the Elimination
of All Forms of Racial Discrimination , the Convention on the Elimination of All Forms of Discrimination Against Women and the Convention on the Rights of the Child are provided below.
Follow the link to the UN Committee on Economic, Social and Cultural Rights'
General Comment No. 4 which is widely seen as the single most authoritative
interpretation of the right to housing.
A number of regional human rights instruments also codify housing rights. You will find excerpts from the European Convention on Human Rights and Fundamental Freedoms, the European Social Charter, the European Community Charter of Fundamental Social Rights and the Charter of the Organization of American States on the Regional Resources on Housing Rights page.
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| Legal Resources on Housing Rights |
Sources 4: Legal Resources for Housing Rights
COHRE publication containing a compilation of many of the legal texts as well as references to fifty national constitutions containing housing rights provisions, 2nd edition.
 download pdf [en]
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International Legal Resources on Housing Rights
The legal resources listed below — declarations, covenants and conventions — together
form the body of international law recognising housing rights. Although the legal nature
of the various standards differ (just as the legal nature of a Constitution may differ from
that of a municipal guideline at the national level), they are all relevant legal standards
to refer to in support of housing rights for everyone, everywhere.
In legal terms, the most powerful documents are called conventions, covenants or
charters. 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, therefore, 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. You can find a list of countries that are party to a particular treaty by
following the link provided for each particular treaty. It can be very useful to find out
precisely which human rights treaties your country has ratified in order to determine
their precise legal obligations. Remember: if your government has only signed a treaty
and not ratified or acceded to it, that treaty is not technically binding on your
government.
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The Universal Declaration of Human Rights (UDHR)
The Universal Declaration of Human Rights 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.
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The Universal Declaration of Human Rights ( Link )
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International Covenant on Economic, Social and Cultural Rights (ICESCR)
At the international level, the most significant articulation of the right to housing is
found in the International Covenant on Economic, Social and Cultural Rights
(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.
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International Covenant on Economic, Social and Cultural Rights ( Link )
Committee on Economic, Social and Cultural Rights ( Link )
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International Covenant on Civil and Political Rights (ICCPR)
The ICCPR is a treaty and became law on 23 March 1976 and is now legally binding on more than 156 countries. The ICCPR has increasingly been used to enforce housing rights. For instance, homelessness has been found to threaten violations of the right to life (Art. 4) and forced evictions have been found to contravene the right to be free from arbitrary or unlawful interference with the home.
Article 17 (1) No one 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.
(2) Everyone has the right to the protection of the law against such interference or attacks.
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International Covenant on Civil and Political Rights ( Link )
Human Rights Committee ( Link )
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Convention on the Elimination of All Forms of Racial Discrimination (CERD)
The Convention on the Elimination of All Forms of Racial Discrimination became law
on 4 January 1969 and is currently legally binding on 158 countries. The UN
Committee on the Elimination of All Forms of Racial Discrimination (CERD) monitors
compliance with the Convention. The Convention expressly prohibits discrimination in
the housing sector.
Article 5(e)(iii). In compliance with the fundamental obligations laid down in article 2
of this Convention, State Parties undertake to prohibit and eliminate racial
discrimination in all of its forma and to guarantee the right of everyone, without
distinction as to race, colour, or national or ethnic origin to equality before the law,
notability in the enjoyment of the following rights:…(e) in particular…(iii) the right to
housing.
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Related Links |
International Convention on the Elimination of All Forms of Racial Discrimination ( Link )
Committee on the Elimination of Racial Discrimination ( Link )
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Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)
The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) became law on 3 September 1981 and is now legally binding on 163
countries. The UN Committee on the Elimination of All Forms of Discrimination
Against Women monitors State party compliance with the Convention. The Convention
protects the rights of rural women to adequate housing.
Article 14(2)(h). State 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.
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Related Links |
Declaration on the Elimination of Discrimination Against Women ( Link )
Committee on the Elimination of Discrimination Against Women ( Link )
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Convention on the Rights of the Child (CRC)
The Convention on the Rights of the Child became law on 2 September 1990 and is now legally binding on 191 countries. The Committee on the Rights of the Child monitors State party compliance with the Convention. The Convention protects the
housing rights of children.
Article 27(3). State Parties in accordance with national conditions and within their
means shall take appropriate measure 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 regards to nutrition, clothing and housing.
There are many more international legal standards enshrining housing rights. COHRE's
Sources 4: Legal Resources for Housing Rights provides excerpts from the following legal texts:
- International Convention Relating to the Status of Refugees (1951) link
- International Labour Organization (ILO) Convention No. 169 Concerning
Indigenous and Tribal Peopleslink
- International Labour Organization (ILO) Convention No. 161 Concerning
Occupational Health Services (1985)link
- International Labour Organization (ILO) Convention No. 117 Concerning Social
Policy (Basic Aims and Standards) (1962)link
- International Labour Organization (ILO) Convention No. 110 Concerning
Plantations (1958)link
- International Labour Organization (ILO) Convention No. 82 Concerning Social
Policy (Non-Metropolitan Territories) (1947)link
- Declaration on the Right to Development link(1986)
- Fourth Geneva Convention Relative to the Protection of Civilian Persons in Time of
Warlink
- 1977 Geneva Protocol I Additional the Geneva Conventions of 12 August 1949,
and Relating to the Protection of Victims of International Armed Conflictslink
- 1977 Geneva Protocol II Additional to the Geneva Conventions of 12 August 1949,
and Concerning Non-international Armed Conflicts (1977)link
- Statute of the International Tribunal for the Persecution of Persons Responsible for
Serious Violations of International Humanitarian Law Committed in the Territory
of the Former Yugoslavia Since 1991link
- Statute of the International Tribunal for the Prosecution of Persons Responsible for
Genocide and other Serious Violations of International Humanitarian Law
Committed in the Territory of Rwanda and Rwandan Citizens Responsible for
Genocide and other such Violations Committed in the Territory of Neighbouring
States, Between 1 January 1994 and 31 December 1994link
- Rome Statute for the Establishment of a Permanent International Criminal Courtlink
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Related Links |
Convention on the Rights of the Child ( Link )
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