(back)The European Homelessness organisation FEANTSA published a report in April 2005, called "The Right to Housing within the International Human Rights instruments”, by Dr Padraic Kenna http://www.feantsa.org/code/en/theme.asp?ID=5
UN-HABITAT
has estimated that 1.1 billion people are living in inadequate housing
conditions in urban areas alone.
Among
all the components of basic human rights outlined in major international human
rights instruments such as ICESCR, UN-HABITAT considers the human right to
adequate housing as among the most frequently violated. http://www.unhabitat.org/programmes/housingpolicy/hpu/housing.PDF
In
this chapter is described in which international conventions the right to
housing is mentioned, and attention is paid to the exact contents of this right.
The
right to housing is explicitly recognized as a basic human right among a wide
range of international instruments. As
one of the facets of an “adequate standard of living”, it is stipulated in
the Universal Declaration of Human Rights (UDHR) and the International Covenant
of Economic, Social and Cultural Rights (ICESCR). This right is applicable to
all persons regardless of nationality or legal status.
The
most complete provision for the right to adequate housing is mentioned in
article 11, paragraph 1 of the ICESCR,
which states:
“The
States Parties to the present Covenant recognize the right of everyone to an
adequate standard of living for himself and his family, including adequate food,
clothing
Article
14.2 (h) of the Convention on the Elimination of All Forms of Discrimination
against Women (1979) states that:
“States
Parties shall undertake 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”.
Article 16.1 of the Convention on the Rights of the Child (1989) states that:
“No child 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”.
Article 27.3 further states that:
“States
Parties, in accordance with national conditions and within their means, shall
take appropriate measures 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 regard to nutrition,
clothing and housing”.
Article
5 (e) (iii) of the International Convention on the Elimination of All Forms of
Racial
“to
prohibit and eliminate racial discrimination in all of its forms and to
guarantee the
The Council of Europe’s European Social Charter (Art. 31) clearly states that with a view to
“ensuring
the effective exercise of the right to housing, member states undertake to take
measures designed:
1.
To promote access to housing to an adequate standard;
2.
To prevent and reduce homelessness with a view to its gradual elimination;
3.
To make the price of housing accessible to those without adequate resources”
The position at the Council of Europe level is more limited than in the other international conventions mentioned because the revised European Social Charter only protects the right to housing of nationals of other Contracting State Parties. However, the right to be free from degrading treatment in Article 3 of the European Convention on Human Rights (ECHR) and the right to private and family life, home and correspondence in Article 8 of the ECHR might also be invoked to protect undocumented migrants from intolerable housing conditions.[1]
1] Cholewinsky, R., Report of the meeting of the Ad Hoc working Group on Irregular Migrants, December 2003