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The right to housing (occasionally right to shelter [1] ) is the 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. [2] The right to housing is regarded as a freestanding right in the International human rights law which was clearly in the 1991 General Comment on Adequate Housing by the UN Committee on Economic, Social and Cultural Rights. The aspect of the right to housing under ICESCR include: availability of services, infrastructure, material and facilities; legal security of tenure; habitability; accessibility; affordability; location and cultural adequacy. [3]
The UN Human Settlement Programme which promotes the right to housing in cooperation with the Office of the High Commissioner for Human Right is a reaffirmation of the 1996 Istanbul agreement and Habitat Agenda. It is known as UN-HABITAT, which is tasked with promoting housing rights through monitoring systems and awareness campaigns. [2]
At least 84 states make an explicit reference to housing rights in their constitutions. [4]
The right to housing is recognized in a number of international human rights instruments. Article 25 of the Universal Declaration of Human Rights recognizes the right to housing as part of the right to an adequate standard of living. [2]
It states that:
Everyone has the right to a standard of living adequate for the health and well-being of himself and of 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 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. [2]
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. [5] The general comment provides an authoritative interpretation of the right to housing in legal terms under international law. [2]
The Yogyakarta Principles on the application of international human rights law in relation to sexual orientation and gender identity affirm that: [6]
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.
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. [7] 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. [3] As a political goal, right to housing was declared in F. D. Roosevelt's 1944 speech on the Second Bill of Rights.
The right to adequate housing was a key issue at the 1996 Habitat meeting in Istanbul and a main theme in the Istanbul Agreement and Habitat Agenda. Paragraph 61 of the agenda identifies the steps required by governments to "promote, protect and ensure the full and progressive realisation of the right to adequate housing". The 2001 Habitat meeting, known as Istanbul +5, reaffirmed the 1996 Istanbul Agreement and Habitat Agenda and established the UN Human Settlement Programme to promote the right to housing in cooperation with the Office of the High Commissioner for Human Rights. Known as UN–HABITAT, the programme is the most important international forum for the right to housing. It is tasked with promoting housing rights, through awareness campaigns, and to develop benchmarks and monitoring systems. [2]
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One of the seven focus areas by the South African human right is The Right to Adequate House and this is beyond the mere provision of building materials.
The rights such as the right to public participation, equality, human dignity, and access to information are amongst the cross cutting rights linked with right to adequate housing as noted by the Constitutional Court in Government of the Republic of South Africa and Others v Grootboom and Others 2001 (1) SA 46 (CC) [8]
In South Africa, section 26 of Chapter Two of the Constitution establishes that "everyone has the right to have access to adequate housing". The Department of Human Settlements is tasked with implementing this mandate. Based on recent data, around 3.6 million South Africans still live in shacks or informal settlements (2013 data), [9] while it is estimated that around 200,000 are homeless or living on the streets (2015 data). [10]
Based on a survey of human rights experts administered by the Human Rights Measurement Initiative in 2019, South Africa is doing only 69.6% of what should be possible at its level of income on the right to housing. [11]
Most jurisdictions in the United States have no right to shelter. One exception is Massachusetts, where families (but not homeless individuals) do have the right to shelter. [12] In California, runaway children have the right to be admitted to emergency shelters without parental consent. [13] New York City also recognizes a right to emergency shelter, established in the 1981 consent decree for Callahan v. Carey . [14]
The right to housing is recognized in the 1999 constitution, specifically in section 43 which states that "every citizen of Nigeria shall have the right to acquire and own immovable property anywhere in Nigeria". [15] It further stated in section 44 that 'no movable property or any interest in immovable property shall be taken possession of compulsorily and no right over or interest in any such property shall be acquired compulsorily in any part of Nigeria except in the manner and for purposes prescribed by law that, among other things: requires the prompt payment of compensation and ensures parties access to the court for the determination of his interest in the property and the amount of compensation payable". The provisions of Section 16(2)(d) of the constitution in the Fundamental Objectives and Directive Principles of State Policy, which states that "the state shall direct its policy towards ensuring that suitable and adequate shelter is provided for all citizens" implies the recognition of the need to provide shelter for citizens but such right excludes right to adequate housing. [15] [16] Additionally, Section 6(6) (c) of the constitution declared the Fundamental Objectives and Directive Principles non-justiciable. [16]
The housing conditions of people in Nigeria falls short of the international human rights law and standards, particularly vulnerable groups such as women, indigenous people, LGBTQ, internally displaced persons and people living with disability (PLW) in the rural settings of Abuja, Lagos and Port Harcourt. [17] In 2014, WHO and UNICEF stated that 69% of the urban population of Nigeria were living in 'slums' without basic amenities like potable water, sanitation services, electricity, garbage collection, and paved roads. Also, the 2013 Nigerian Demographic and Health Survey revealed that 57 million and 130 million Nigerians had no access to safe water and adequate sanitation respectively. [17] According to the Federal Mortgage Bank of Nigeria, there was a deficit of 22 million housing units in 2019. The Lagos state government stated that the housing deficit in the state is at 2.5 million units, with 70 percent of its total population living in informal housing. There is a 20 percent yearly housing demand increase in Abuja, Ibadan and Kano. Generally, private market housing can only be affordable by a few. There is scarce rental housing which demand tenants to have advance rent of more than one year. Rent control or caps are not given attention in addition to landlord–tenant relations, with regulation laws poorly enforced. [17]
Based on a survey of human rights experts administered by the Human Rights Measurement Initiative in 2019, Nigeria is doing only 35.5% of what should be possible at its level of income on the right to housing. [18]
Eviction is the removal of a tenant from rental property by the landlord. In some jurisdictions it may also involve the removal of persons from premises that were foreclosed by a mortgagee.
The right to work is the concept that people have a human right to work, or to engage in productive employment, and should not be prevented from doing so. The right to work, enshrined in the United Nations 1948 Universal Declaration of Human Rights, is recognized in international human-rights law through its inclusion in the 1966 International Covenant on Economic, Social and Cultural Rights, where the right to work emphasizes economic, social and cultural development.
Land law is the form of law that deals with the rights to use, alienate, or exclude others from land. In many jurisdictions, these kinds of property are referred to as real estate or real property, as distinct from personal property. Land use agreements, including renting, are an important intersection of property and contract law. Encumbrance on the land rights of one, such as an easement, may constitute the land rights of another. Mineral rights and water rights are closely linked, and often interrelated concepts.
The International Covenant on Economic, Social and Cultural Rights (ICESCR) is a multilateral treaty adopted by the United Nations General Assembly (GA) on 16 December 1966 through GA. Resolution 2200A (XXI), and came into force on 3 January 1976. It commits its parties to work toward the granting of economic, social, and cultural rights (ESCR) to all individuals including those living in Non-Self-Governing and Trust Territories. The rights include labour rights, the right to health, the right to education, and the right to an adequate standard of living. As of February 2024, the Covenant has 172 parties. A further four countries, including the United States, have signed but not ratified the Covenant.
Economic, social and cultural rights (ESCR) are socio-economic human rights, such as the right to education, right to housing, right to an adequate standard of living, right to health, victims' rights and the right to science and culture. Economic, social and cultural rights are recognised and protected in international and regional human rights instruments. Member states have a legal obligation to respect, protect and fulfil economic, social and cultural rights and are expected to take "progressive action" towards their fulfilment.
The human right to water and sanitation (HRWS) is a principle stating that clean drinking water and sanitation are a universal human right because of their high importance in sustaining every person's life. It was recognized as a human right by the United Nations General Assembly on 28 July 2010. The HRWS has been recognized in international law through human rights treaties, declarations and other standards. Some commentators have based an argument for the existence of a universal human right to water on grounds independent of the 2010 General Assembly resolution, such as Article 11.1 of the International Covenant on Economic, Social and Cultural Rights (ICESCR); among those commentators, those who accept the existence of international ius cogens and consider it to include the Covenant's provisions hold that such a right is a universally binding principle of international law. Other treaties that explicitly recognize the HRWS include the 1979 Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the 1989 Convention on the Rights of the Child (CRC).
The right to health is the economic, social, and cultural right to a universal minimum standard of health to which all individuals are entitled. The concept of a right to health has been enumerated in international agreements which include the Universal Declaration of Human Rights, International Covenant on Economic, Social and Cultural Rights, and the Convention on the Rights of Persons with Disabilities. There is debate on the interpretation and application of the right to health due to considerations such as how health is defined, what minimum entitlements are encompassed in a right to health, and which institutions are responsible for ensuring a right to health.
Human rights in Nigeria are protected under the current constitution of 1999. While Nigeria has made major improvements in human rights under this constitution, the American Human Rights Report of 2012 notes several areas where more improvement is needed, which includes: abuses by Boko Haram, killings by government forces, lack of social equality and issues with freedom of speech. The Human Rights Watch's 2015 World Report states that intensified violence by Boko Haram, restrictions of LGBT rights and government corruption continue to undermine the status of human rights in Nigeria.
The right to food, and its variations, is a human right protecting the right of people to feed themselves in dignity, implying that sufficient food is available, that people have the means to access it, and that it adequately meets the individual's dietary needs. The right to food protects the right of all human beings to be free from hunger, food insecurity, and malnutrition. The right to food implies that governments only have an obligation to hand out enough free food to starving recipients to ensure subsistence, it does not imply a universal right to be fed. Also, if people are deprived of access to food for reasons beyond their control, for example, because they are in detention, in times of war or after natural disasters, the right requires the government to provide food directly.
Habitat International Coalition (HIC) is an independent, nonprofit alliance with hundreds of organizations and individuals, which has been working in housing and human settlements for more than 30 years. The Coalition comprises social movements, community-based organizations, support groups and academics. The strength of the Coalition is based on its worldwide membership and on the fact that it brings together a range of civil society groups. Dedicated to advocacy and support for the poor, solidarity networking, popular mobilization, debate and analysis, HIC works to unite civil society in a shared commitment to ensuring sustainable habitat and a livable planet for all. Its work focuses on defending and implementing the human rights linked to housing and habitat; i.e., land, housing, clean water, sanitation, a healthy environment, access to public goods and services (e.g., health, education, transport and recreation; access to livelihood and social protection, pluralism and the preservation of social, natural, historic and cultural patrimony.
The Optional Protocol to the International Covenant on Economic, Social and Cultural Rights is an international treaty establishing complaint and inquiry mechanisms for the International Covenant on Economic, Social and Cultural Rights. It was adopted by the UN General Assembly on 10 December 2008, and opened for signature on 24 September 2009. As of February 2024, the Protocol has 46 signatories and 29 state parties. It entered into force on 5 May 2013.
Human rights in New Zealand are addressed in the various documents which make up the constitution of the country. Specifically, the two main laws which protect human rights are the New Zealand Human Rights Act 1993 and the New Zealand Bill of Rights Act 1990. In addition, New Zealand has also ratified numerous international United Nations treaties. The 2009 Human Rights Report by the United States Department of State noted that the government generally respected the rights of individuals, but voiced concerns regarding the social status of the indigenous population.
Solomon Islands is a sovereign country in Melanesia consisting of many islands with a population of 561,231 (2013). It became self-governing from the United Kingdom in 1976 after three previous attempts at forming a Constitution. The Constitution of Solomon Islands was enacted in 1978. This however led to conflicts between cultures and armed conflict in the late 1990s forced a review of the 1978 Constitution. This review resulted in the Federal Constitution of the Solomon Islands Bill 2004 (SI) and various other amendments. The Human Rights Chapter, however, remained unchanged.
Human rights and climate change is a conceptual and legal framework under which international human rights and their relationship to global warming are studied, analyzed, and addressed. The framework has been employed by governments, United Nations organizations, intergovernmental and non-governmental organizations, human rights and environmental advocates, and academics to guide national and international policy on climate change under the United Nations Framework Convention on Climate Change (UNFCCC) and the core international human rights instruments. In 2022 Working Group II of the IPCC suggested that "climate justice comprises justice that links development and human rights to achieve a rights-based approach to addressing climate change".
The right to adequate clothing, or the right to clothing, is recognized as a human right in various international human rights instruments; this, together with the right to food and the right to housing, are parts of the right to an adequate standard of living as recognized under Article 11 of the International Covenant on Economic, Social and Cultural Rights (ICESCR). The right to clothing is similarly recognized under Article 25 of the Universal Declaration of Human Rights (UDHR).
The 1997 Maastricht Guidelines on Violations of Economic, Social and Cultural Rights build on the 1987 Limburg Principles on the Implementation of the International Covenant on Economic, Social and Cultural Rights and identify the legal implications of acts and omissions which are violations of economic, social and cultural rights. The guidelines were adopted by a group of over thirty experts who convened from 22–26 January 1997 in Maastricht on the occasion of the Limburg Principles' 10th anniversary. Three years later, the Maastricht Guidelines along with the Limburg Principles were reissued as UN document E/C.12/2000/13 by the Committee on Economic, Social and Cultural Rights (CESCR).
This section provides an overview of the status of the right to food at a national level.
Free, prior and informed consent (FPIC) is aimed to establish bottom-up participation and consultation of an indigenous population prior to the beginning of development on ancestral land or using resources in an indigenous population's territory. Indigenous people have a special connection to their land and resources and inhabit one fifth of the Earth's surface. Such areas are environmentally rich in both renewable and non-renewable resources. The collective ownership style of most Indigenous Peoples conflicts with the modern global market and its continuous need for resources and land. To protect Indigenous Peoples' rights, international human rights law has created processes and standards to safeguard their way of life and to encourage participation in the decision-making process. One such method is the process of FPIC. There is criticism that many international conventions and treaties require consultation, not consent, which is a much higher threshold. Without the requirement for consent, indigenous people cannot veto government projects and developments in their area that directly affect their lives and cultures. FPIC allows Indigenous Peoples to have the right to self-determination and self-governance in national and local government decision-making processes over projects that concern their lives and resources.
The right to family life or family rights are the rights of all individuals to have their established family life respected, and to have and maintain family relationships. This right is recognised in a variety of international human rights instruments, including Article 16 of the Universal Declaration of Human Rights, Article 23 of the International Covenant on Civil and Political Rights, and Article 8 of the European Convention on Human Rights.
The international human rights framework and domestic policy are the means by which the human rights of older people in New Zealand are protected. The key human rights issues facing older people in New Zealand encompass full participation within society, access to resources and a positive attitude to ageing.