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The Right To Housing
The right to housing ensures access to a safe, secure, habitable, and affordable home with freedom from forced eviction.
There are seven components that are fundamental to guaranteeing the right to housing and are of particular relevance to the right to housing in the United States:
- Security of Tenure: Residents should possess a degree of security of tenure which guarantees protection against forced evictions, harassment and other threats, including predatory redevelopment and displacement.
- Availability of Services, Materials, Facilities and Infrastructure:Housing must provide certain facilities essential for health, security, comfort and nutrition. For instance, residents must have access to safe drinking water, heating and lighting, washing facilities, means of food storage, and sanitation.
- Affordability: Housing costs should be at such a level that the attainment and satisfaction of other basic needs are not threatened or compromised. For instance, one should not have to choose between paying rent and buying food.
- Habitability, Decent and Safe Home: Housing must provide residents adequate space that protects them from cold, damp, heat, rain, wind or other threats to health, structural hazards, and disease.
- Accessibility: Housing must be accessible to all, and disadvantaged and vulnerable groups must be accorded full access to housing resources.
- Location: Housing should not be built on polluted sites, or in immediate proximity to pollution sources that threaten the right to health of residents. The physical safety of residents must be guaranteed as well. Additionally, housing must be in a location which allows access to employment options, health-care services, schools, child-care centers and other social facilities.
- Cultural Adequacy: Housing and housing policies must guarantee the expression of cultural identity and diversity, including the preservation of cultural landmarks and institutions. Redevelopment or modernization programs must ensure that the cultural significance of housing and communities is not sacrificed.
The right to housing is protected in:
Article 25 of the Universal Declaration of Human Rights
Article 11 of the International Covenant on Economic Social and Cultural Rights
Article 27 of the Convention on the Rights of the Child
Article 5 of Convention on the Elimination of All Forms of Racial Discrimination
Article 14 of Convention on the Elimination of All Forms of Discrimination Against Women
Article 11 of American Declaration on the Rights and Duties of Man
In addition, there are United Nations committees made up of experts that oversee the implementation of particular human rights treaties (these committees are known as treaty bodies). These committees oversee the treaties by, among other things, receiving government reports on the implementation of the treaties, making comments to the government reports, and issuing general comments about the treaties or specific right contained therein.
The Committee on Economic, Social and Cultural Rights has issued general comments on the right to housing.
The United Nations Committee on Economic Social and Cultural Rights,general comment 4 & general comment 7.
There are also United Nations Special Rapporteurs who are appointed to investigate human rights issues in countries around the world. In 2004 and 2008 the UN Special Rapporteur on the Right to Adequate Housing issued press releases about the threat to the right to housing in the United States.
Further Resources
See NESRI publications on the human right to housing >>>
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