Right to housing

The right to housing isthe economic, social and cultural right to adequate housing and shelter. It is recognized in some national constitutions and in the Universal Declaration of Human Rights and International Covenant on Economic, Social and Cultural Rights.

Definition

The right to housing is recognized in a number of international human rights instruments. Article 25 of the Universal Declaration of Human Rights recognises the right to housing as part of the right to an adequate standard of living.[1] It states that:

Article 11(1) of the International Covenant on Economic, Social and Cultural Rights (ICESCR) also guarantees the right to housing as part of the right to an adequate standard of living.[1]

In international human rights law the right to housing is regarded as a freestanding right. This was clarified in the 1991 General Comment no 4 on Adequate Housing by the UN Committee on Economic, Social and Cultural Rights.[2] The general comment provides an authoritative interpretation of the right to housing in legal terms under international law.[1]

The Yogyakarta Principles on the application of international human rights law in relation to sexual orientation and gender identity affirm that "everyone has the right to adequate housing, including protection from eviction, without discrimination and that States shall a) take all necessary legislative, administrative and other measures to ensure security of tenure and access to affordable, habitable, accessible, culturally appropriate and safe housing, not including shelters and other emergency accommodation, without discrimination on the basis of sexual orientation, gender identity or material or family status; b) take all necessary legislative, administrative and other measures to prohibit the execution of evictions that are not in conformity with their international human rights obligations, and ensure that adequate and effective legal or other appropriate remedies are available to any person claiming that a right to protection against forced evictions has been violated or is under threat of violation, including the right to resettlement, which includes the right to alternative land of better or equal quality and to adequate housing, without discrimination."[3]

The right to housing is also enshrined in Article 28 of the Convention on the Rights of Persons with Disabilities, Article 16 of the European Social Charter (Article 31 of the Revised European Social charter) and in the African Charter on Human and Peoples' Rights.[4] According to UN Committee on Economic, Social and Cultural Rights, aspects of right to housing under ICESCR include: legal security of tenure; availability of services, materials, facilities and infrastructure; affordability; habitability; accessibility; location and cultural adequacy.[5] As a political goal, right to housing was declared in F. D. Roosevelt's 1944 speech on the Second Bill of Rights.

The TENLAW project provided a more efficient opportunity to international and interdisciplinary research in the housing and property field. It created the first housing chair at the University Rovira i Virgili (Spain) on July 11, 2013, which opened up possibilities for research and dissemination in this area.[6]