ELEMENTS OF THE RIGHT TO ADEQUATE HOUSING

The right to adequate housing derives from the right to an adequate standard of living and is of central importance for the enjoyment of all economic, social and cultural rights. The right to adequate housing is enshrined in most major human rights instrumentsadopted by the United Nations: Article 25 UDHR; Article 11 ICESCR; Article 14 CEDAW; Article 5 CERD; Article 27 CRC; Article 43 CMW; and Article 28 CRPD. In addition, it is included in Article 31 of the European Social Charter (revised) and Article 21 of the Convention Relating to the Status of Refugees.

The UN estimates that around 100 million people world-wide have no place to live and more than one billion people are inadequately housed. Individuals, as well as families, are entitled to adequate housing regardless of factors such as age, economic status, group or other affiliation or status. Thus, the enjoyment of this right may not be subject to any form of discrimination.

The UN Commission on Human Rights repeatedly stressed that the right to adequate housing is a component of the right to an adequate standard of living (see, e.g., Resolutions 2002/21 and 2003/27) and its successor, the Human Rights Council, has followed suit.

The right to housing means more than just a roof over one’s head. It should be seen as the right to live somewhere in security, peace, and dignity. The requirements for adequate housing have been defined in General Comments 4 and 7 of the Committee on Economic, Social and Cultural Rights. According to the Committee the core content of the right to adequate housing includes the following elements: 

Security of tenure: Security of tenure is the cornerstone of the right to adequate housing.

Secure tenure protects people against arbitrary eviction, harassment and other threats. Most informal settlements and communities lack legal security of tenure, and millions of people currently live in homes without adequate secure tenure protection. Security of tenure is a key issue for all dwellers, particularly women. Women who are particularly vulnerable include those experiencing domestic violence and have to flee their homes and women who do not have title to their homes or lands and can therefore be easily removed, especially upon marriage dissolution or death of a spouse.

Affordability:

The principle of affordability stipulates simply that the amount a person or family pays for their housing must not be so high that it threatens or compromises the attainment and satisfaction of other basic needs. Affordability is an acute problem throughout the world and a major reason why so many people do not have formal housing, and are forced as a result to live in informal settlements. In affluent countries, individuals and families living in poverty find it increasingly difficult to find affordable adequate housing. In many developed countries, when rental housing is unaffordable, tenants’ security of tenure is threatened as they can often be legally evicted for non-payment of rent.

Habitability:

For housing to be considered adequate, it must be habitable. Inhabitants must be ensured adequate space and protection against the cold, damp, heat, rain, wind or other threats to health, or structural hazards.

Accessibility:

Housing must be accessible to everyone. Disadvantaged groups such as the elderly, the physically and mentally disabled, HIV-positive individuals, victims of natural disasters, children and other groups should be ensured some degree of priority in housing.

Location:

For housing to be adequate it must be situated so as to allow access to employment, health care services, schools, childcare centres and other social facilities. It must not be located in polluted areas. When communities are evicted from their homes they are often relocated to remote areas lacking facilities, or to polluted areas, near garbage dumps or other sources of pollution.

Cultural adequacy:

The right to adequate housing includes the right to reside in housing that is considered culturally adequate. This means that housing programmes and policies must take fully into account the cultural attributes of housing, which allow for the expression of cultural identity and recognise the cultural diversity of the world’s population.