1. Pursuant to article 11 (1) of the
Covenant, States parties “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 human right to
adequate housing, which is thus derived from the right to an adequate standard
of living, is of central importance for the enjoyment of all economic, social
and cultural rights.
2. The Committee has been able to
accumulate a large amount of information pertaining to this right. Since 1979, the Committee and its
predecessors have examined 75 reports dealing with the right to adequate
housing. The Committee has also devoted
a day of general discussion to the issue at each of its third (see E/1989/22,
para. 312) and fourth sessions (E/1990/23, paras. 281‑285). In addition, the Committee has taken careful
note of information generated by the International Year of Shelter for the
Homeless (1987) including the Global Strategy for Shelter to the Year 2000
adopted by the General Assembly in its resolution 42/191
of 11 December 1987.[1] The Committee has also reviewed relevant
reports and other documentation of the Commission on Human Rights and the
Sub-Commission on Prevention of Discrimination and Protection of
Minorities.[2]
3. Although a wide variety of
international instruments address the different dimensions of the right to
adequate housing[3] article 11
(1) of the Covenant is the most comprehensive and perhaps the most important of
the relevant provisions.
4. Despite the fact that the international
community has frequently reaffirmed the importance of full respect for the
right to adequate housing, there remains a disturbingly large gap between the
standards set in article 11 (1) of the Covenant and the situation prevailing in
many parts of the world. While the
problems are often particularly acute in some developing countries which confront
major resource and other constraints, the Committee observes that significant
problems of homelessness and inadequate housing also exist in some of the most
economically developed societies. The
United Nations estimates that there are over 100 million persons homeless
worldwide and over 1 billion inadequately housed.[4] There is no indication that this number is
decreasing. It seems clear that no
State party is free of significant problems of one kind or another in relation
to the right to housing.
5. In some instances, the reports of
States parties examined by the Committee have acknowledged and described
difficulties in ensuring the right to adequate housing. For the most part, however, the information
provided has been insufficient to enable the Committee to obtain an adequate
picture of the situation prevailing in the State concerned. This general comment thus aims to identify
some of the principal issues which the Committee considers to be important in
relation to this right.
6. The right to adequate housing applies
to everyone. While the reference to
“himself and his family” reflects assumptions as to gender roles and economic
activity patterns commonly accepted in 1966 when the Covenant was adopted, the
phrase cannot be read today as implying any limitations upon the applicability
of the right to individuals or to female‑headed households or other such
groups. Thus, the concept of “family”
must be understood in a wide sense.
Further, individuals, as well as families, are entitled to adequate
housing regardless of age, economic status, group or other affiliation or
status and other such factors. In
particular, enjoyment of this right must, in accordance with article 2 (2) of
the Covenant, not be subject to any form of discrimination.
7. In the Committee’s view, the right to
housing should not be interpreted in a narrow or restrictive sense which
equates it with, for example, the shelter provided by merely having a roof over
one’s head or views shelter exclusively as a commodity. Rather it should be seen as the right to
live somewhere in security, peace and dignity.
This is appropriate for at least two reasons. In the first place, the right to housing is integrally linked to
other human rights and to the fundamental principles upon which the Covenant is
premised. This “the inherent dignity of
the human person” from which the rights in the Covenant are said to derive
requires that the term “housing” be interpreted so as to take account of a
variety of other considerations, most importantly that the right to housing
should be ensured to all persons irrespective of income or access to economic
resources. Secondly, the reference in
article 11 (1) must be read as referring not just to housing but to adequate
housing. As both the Commission on
Human Settlements and the Global Strategy for Shelter to the Year 2000 have
stated: “Adequate shelter means ...
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”.
8. Thus the concept of adequacy is
particularly significant in relation to the right to housing since it serves to
underline a number of factors which must be taken into account in determining
whether particular forms of shelter can be considered to constitute “adequate
housing” for the purposes of the Covenant.
While adequacy is determined in part by social, economic, cultural,
climatic, ecological and other factors, the Committee believes that it is
nevertheless possible to identify certain aspects of the right that must be
taken into account for this purpose in any particular context. They include the following:
(a) Legal
security of tenure. Tenure takes a
variety of forms, including rental (public and private) accommodation,
cooperative housing, lease, owner‑occupation, emergency housing and
informal settlements, including occupation of land or property. Notwithstanding the type of tenure, all
persons should possess a degree of security of tenure which guarantees legal
protection against forced eviction, harassment and other threats. States parties should consequently take
immediate measures aimed at conferring legal security of tenure upon those
persons and households currently lacking such protection, in genuine
consultation with affected persons and groups;
(b) Availability
of services, materials, facilities and infrastructure. An adequate house must contain certain
facilities essential for health, security, comfort and nutrition. All beneficiaries of the right to adequate
housing should have sustainable access to natural and common resources, safe
drinking water, energy for cooking, heating and lighting, sanitation and
washing facilities, means of food storage, refuse disposal, site drainage and
emergency services;
(c) Affordability. Personal or household financial costs
associated with housing should be at such a level that the attainment and
satisfaction of other basic needs are not threatened or compromised. Steps should be taken by States parties to
ensure that the percentage of housing‑related costs is, in general,
commensurate with income levels. States
parties should establish housing subsidies for those unable to obtain
affordable housing, as well as forms and levels of housing finance which
adequately reflect housing needs. In
accordance with the principle of affordability, tenants should be protected by
appropriate means against 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 parties to ensure the availability of such materials;
(d) Habitability. Adequate housing must be habitable, in terms
of providing the inhabitants with adequate space and protecting them from cold,
damp, heat, rain, wind or other threats to health, structural hazards, and
disease vectors. The physical safety of
occupants must be guaranteed as well.
The Committee encourages States parties to comprehensively apply the Health
Principles of Housing[5]
prepared by WHO which view housing as the environmental factor most frequently
associated with conditions for disease in epidemiological analyses;
i.e. inadequate and deficient housing and living conditions are invariably
associated with higher mortality and morbidity rates;
(e) Accessibility. 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 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. Within many States parties
increasing access to land by landless or impoverished segments of the society
should constitute a central policy goal.
Discernible governmental obligations need to be developed aiming to
substantiate the right of all to a secure place to live in peace and dignity,
including access to land as an entitlement;
(f) Location. Adequate housing must be in a location which
allows access to employment options, health‑care services, schools,
childcare centres and other social facilities.
This is true both in large cities and in rural areas where the temporal
and financial costs of getting to and from the place of work can place
excessive demands upon the budgets of poor households. Similarly, housing should not be built on
polluted sites nor in immediate proximity to pollution sources that threaten
the right to health of the inhabitants;
(g) Cultural
adequacy. The way housing is
constructed, the building materials used and the policies supporting these must
appropriately enable the expression of cultural identity and diversity of
housing. Activities geared towards
development or modernization in the housing sphere should ensure that the
cultural dimensions of housing are not sacrificed, and that, inter alia, modern
technological facilities, as appropriate are also ensured.
9. As noted above, the right to adequate
housing cannot be viewed in isolation from other human rights contained in the
two International Covenants and other applicable international
instruments. Reference has already been
made in this regard to the concept of human dignity and the principle of non‑discrimination. In addition, the full enjoyment of other
rights ‑ such as the right to freedom of expression, the right to freedom
of association (such as for tenants and other community‑based groups),
the right to freedom of residence and the right to participate in public
decision‑making ‑ is indispensable if the right to adequate housing
is to be realized and maintained by all groups in society. Similarly, the right not to be subjected to
arbitrary or unlawful interference with one’s privacy, family, home or
correspondence constitutes a very important dimension in defining the right to
adequate housing.
10. Regardless of the state of development of
any country, there are certain steps which must be taken immediately. As recognized in the Global Strategy for
Shelter and in other international analyses, many of the measures required to
promote the right to housing would only require the abstention by the
Government from certain practices and a commitment to facilitating “self‑help”
by affected groups. To the extent that
any such steps are considered to be beyond the maximum resources available to a
State party, it is appropriate that a request be made as soon as possible for
international cooperation in accordance with articles 11 (1), 22 and 23 of the
Covenant, and that the Committee be informed thereof.
11. States parties must give due priority to
those social groups living in unfavourable conditions by giving them particular
consideration. Policies and legislation
should correspondingly not be designed to benefit already advantaged social
groups at the expense of others. The
Committee is aware that external factors can affect the right to a continuous
improvement of living conditions, and that in many States parties overall
living conditions declined during the 1980s.
However, as noted by the Committee in its general
comment No. 2 (1990) (E/1990/23, annex III), despite externally
caused problems, the obligations under the Covenant continue to apply and are
perhaps even more pertinent during times of economic contraction. It would thus appear to the Committee that a
general decline in living 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
under the Covenant.
12. While the most appropriate means of
achieving the full realization of the right to adequate housing will inevitably
vary significantly from one State party to another, the Covenant clearly
requires that each State party take whatever steps are necessary for that
purpose. This will almost invariably
require the adoption of a national housing strategy which, as stated in
paragraph 32 of the Global Strategy for Shelter, “defines the objectives for
the development of shelter conditions, identifies the resources available to
meet these goals and the most cost‑effective way of using them and sets
out the responsibilities and time frame for the implementation of the necessary
measures”. Both for reasons of
relevance and effectiveness, as well as in order to ensure respect for other
human rights, such a strategy should reflect extensive genuine consultation
with, and participation by, all of those affected, including the homeless, the
inadequately housed and their representatives.
Furthermore, steps should be taken to ensure coordination between
ministries and regional and local authorities in order to reconcile related
policies (economics, agriculture, environment, energy, etc.) with the
obligations under article 11 of the Covenant.
13. Effective monitoring of the situation
with respect to housing is another obligation of immediate effect. For a State party to satisfy its obligations
under article 11 (1) it must demonstrate, inter alia, that it has taken
whatever steps are necessary, either alone or on the basis of international
cooperation, to ascertain the full extent of homelessness and inadequate
housing within its jurisdiction. In
this regard, the revised general guidelines regarding the form and contents of
reports adopted by the Committee (E/C.12/1991/1) emphasize the need to “provide
detailed information about those groups within ... society that are vulnerable
and disadvantaged with regard to housing”.
They include, in particular, homeless persons and families, those
inadequately housed and without ready access to basic amenities, those living
in “illegal” settlements, those subject to forced evictions and low‑income
groups.
14. Measures designed to satisfy a State
party’s obligations in respect of the right to adequate housing may reflect
whatever mix of public and private sector measures considered appropriate. While in some States public financing of
housing might most usefully be spent on direct construction of new housing, in
most cases, experience has shown the inability of Governments to fully satisfy
housing deficits with publicly built housing.
The promotion by States parties of “enabling strategies”, combined with
a full commitment to obligations under the right to adequate housing, should
thus be encouraged. In essence, the
obligation is to demonstrate that, in aggregate, the measures being taken are
sufficient to realize the right for every individual in the shortest possible
time in accordance with the maximum of available resources.
15. Many of the measures that will be
required will involve resource allocations and policy initiatives of a general
kind. Nevertheless, the role of formal
legislative and administrative measures should not be underestimated in this context. The Global Strategy for Shelter
(paras. 6‑67) has drawn attention to the types of measures that
might be taken in this regard and to their importance.
16. In some States, the right to adequate
housing is constitutionally entrenched.
In such cases the Committee is particularly interested in learning of
the legal and practical significance of such an approach. Details of specific cases and of other ways
in which entrenchment has proved helpful should thus be provided.
17. The Committee views many component
elements of the right to adequate housing as being at least consistent with the
provision of domestic legal remedies.
Depending on the legal system, such areas might include, but are not
limited to: (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; and (e) complaints against landlords concerning unhealthy or
inadequate housing conditions. In some
legal systems it would also be appropriate to explore the possibility of
facilitating class action suits in situations involving significantly increased
levels of homelessness.
18. In this regard, the Committee considers
that instances of forced eviction 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.
19. Finally,
article 11 (1) concludes with the obligation of States parties to recognize
“the essential importance of international cooperation based on free
consent”. Traditionally, less
than 5 per cent of all international assistance has been directed towards
housing or human settlements, and often the manner by which such funding is
provided does little to address the housing needs of disadvantaged groups. States parties, both recipients and
providers, should ensure that a substantial proportion of financing is devoted
to creating conditions leading to a higher number of persons being adequately
housed. International financial
institutions promoting measures of structural adjustment should ensure that
such measures do not compromise the enjoyment of the right to adequate
housing. States parties should, when
contemplating international financial cooperation, seek to indicate areas
relevant to the right to adequate housing where external financing would have
the most effect. Such requests should
take full account of the needs and views of the affected groups.
1 Official Records of the General Assembly,
Forty‑third Session, Supplement No. 8, addendum (A/43/8/Add.1).
2 Commission on Human Rights resolutions
1986/36 and 1987/22; reports by Mr. Danilo Türk, Special Rapporteur
of the Sub‑Commission (E/CN.4/Sub.2/1990/19, paras. 108‑120; E/CN.4/Sub.2/1991/17, paras. 137‑139);
see also Sub‑Commission resolution 1991/26.
3 See, for example, article 25 (1) of the
Universal Declaration of Human Rights, article 5 (e) (iii) of
the International Convention on the Elimination of All Forms of Racial
Discrimination, article 14 (2) of the Convention on the Elimination
of All Forms of Discrimination against Women, article 27 (3) of the Convention
on the Rights of the Child, article 10 of the Declaration on Social Progress
and Development, section III (8) of the Vancouver Declaration on Human
Settlements, 1976 (Report of Habitat:
United Nations Conference on Human Settlements (United Nations
publication, Sales No. E.76.IV.7 and corrigendum, chap. I), article 8 (1) of
the Declaration on the Right to Development and the ILO Recommendation
Concerning Workers’ Housing, 1961 (No. 115)).