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Human right
to adequate housing
UN member states
recognised adequate housing, essential to upholding human
dignity, as a human right in Article 26 of the Universal
Declaration of Human Rights (1948). This human right
was codified later in Article 11 of the International
Covenant on Economic, Social and Cultural Rights (1966),
and has been further developed through subsequent jurisprudence
and other human rights treaties.
The International Conventions on the elimination of racial
discrimination, discrimination against women, the rights of
the child and migrant workers also guarantee the human right
to adequate housing for often-deprived groups. In addition
to its guidance to individual states parties to the Covenant,
the Committee on Economic, Social and
Cultural Rights, which monitors the treaty, has defined
the right in its General Comment No.
4, applicable to all states. Thus, housing is adequate
when it is:
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legally protected with secure tenure;
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with reasonable access to services, materials, facilities
& infrastructure; " affordable;
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habitable, consistent with needs for safety, privacy
and health;
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accessible, including for those with special needs;
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located for regular economic and social activity, and
free from environmental hazards;
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appropriate to local cultural norms in the framework
of human rights.
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In addition to these elements, other recognized human rights are integral to the respect, protection and fulfilment of the adequate housing, including rights to:
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Information;
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Education and capacity building;
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Participation;
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Self-expression;
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Refugee and displaced persons' rights to resettlement,
nonrefoulement, restitution and return;
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Privacy and
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Security of person.
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Applying
these human rights law criteria of the human right to adequate
housing will ensure that "every man, woman, child and youth
attain and sustain a secure home and community within which
to live in peace and dignity."
For a full treatment
of these legal rights and entitlements, go to the "HLRN
Housing Rights 'Toolkit'" in the "Solutions"
section of this website.
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Disclaimer
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