Having a secure place to live, is one of the fundamental elements for human dignity, physical and mental health and overall quality of life, which enables one’s development. As such, the right to adequate housing has received a wide recognition as a fundamental human right in a number of international instruments and declarations, regional instruments and national laws.
Against this backdrop, the Commission on Human Rights, by its resolution 2000/9 of 17 April 2000 , appointed a Special Rapporteur on adequate housing, whose mandate is to focus on adequate housing as a component of the right to an adequate standard of living.
The Commission further requested him:
(a) to report on the status, throughout the world, of the realization of the rights that are relevant to the mandate;
(b) to promote, as appropriate, cooperation among and assistance to Governments in their efforts to secure these rights;
(c) to apply a gender perspective;
(d) to develop a regular dialogue and to discuss possible areas of collaboration with Governments, relevant United Nations bodies, specialized agencies, international organizations in the field of housing rights, inter alia the United Nations Centre for Human Settlements (UNCHS/Habitat), non-governmental organizations and international financial institutions, and to make recommendations on the realization of the relevant rights;
(e) to identify possible types and sources of financing for relevant advisory services and technical cooperation;
(f) to facilitate, where appropriate, the inclusion of issues relating to relevant United Nations missions, field presences and national offices;
(g) to submit to the Commission on Human Rights an annual report covering the activities relating to the mandate.
In the fulfilment of his mandate, the Special Rapporteur:
- Undertakes Country Visits (see Country Visits);
- Responds to information received on allegations concerning the situation of housing rights in particular countries (see Individual Complaints);
- Develops dialogues with Governments and civil society through questionnaires and a constructive approach that will help identify possible policy suggestions with demonstrated practicality from a housing rights perspective.
- Submits annual reports to the Commission on Human Rights/ the Human Rights Council covering the activities relating to the mandate (see Annual Reports).
Over the past decade, the UN human rights mechanism as a whole has been actively engaged in clarifying the content of the right to adequate housing. In particular, the Committee on Economic, Social and Cultural Rights adopted General Comment No. 4 on adequate housing in 1991, and General Comment No. 7 on forced eviction in 1997. During 1991-1995, the Special Rapporteur on the realization of the right to adequate housing appointed under the Sub-Commission on the Promotion and Protection of Human Rights produced four important papers that significantly contributed to clarifying the content of the right.
Independent Expert:
Mr. Miloon Kothari ( India ), since 2000
International Standards
In his preliminary report E/CN.4/2001/51 the Special Rapporteur set out the legal status of the right to adequate housing and identified the main relevant international human rights provisions.
Art.25, par.1 UDHR “Everyone has the right to a standard of living adequate for the health and well-being of himself and his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.”
Article 11.1 of the Covenant on Economic, Social and Cultural Rights (ICESCR) states that: “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 and housing, and to the continuous improvement of living conditions. The States Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international cooperation based on free consent.”
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 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 21 of the Convention relating to the Status of Refugees (1951) provides that: “As regards housing, the Contracting States, insofar as the matter is regulated by laws or regulations or is subject to the control of public authorities, shall accord refugees lawfully staying in their territory treatment as favourable a s possible and, in any event, not less favourable than that accorded to aliens generally in the same circumstances.”
Article 5 (e) (iii) of the International Convention on the Elimination of All Forms of Racial Discrimination (1965) obliges States “to prohibit and eliminate racial discrimination in all of its forms and to guarantee the right of everyone, without distinction as to race, colour , or national or ethnic origin, to equality before the law, notably in the enjoyment of … (e) … (iii) the right to housing”.
Article 17.1 of the International Convention on Civil and Political Rights (1966) states that: “No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation.”
Article 43.1 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families states that: “Migrant workers shall enjoy equality of treatment with nationals of the State of employment in relation to … (d) Access to housing, including social housing schemes, and protection against exploitation in respect of rents.”
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