Beyond the contents of the relevant charters, conventions and covenants, there are also a number of interpretive standards, UN resolutions and other international documents relevant to the question of HLP rights.
Interpretive standards, such as General Comments by the UN Committee on Economic, Social and Cultural Rights, seek to clarify and elaborate on the content of HLP rights and the obligations that these rights impose. Similarly, UN resolutions are not binding on member nations; however, they form an important framework that may be drawn upon for the interpretation and development of international and domestic laws relevant to HLP rights. This section also brings together other key international documents that relate to HLP rights, including Habitat Agenda and Agenda 21.
INTERPRETIVE STANDARDS
UN Committee on Economic, Social and Cultural Rights General Comment No. 4 on the Right to Adequate Housing (1991)
The UN Committee on Economic, Social and Cultural Rights (CESCR) adopted General Comment No. 4 on the Right to Adequate Housing at the sixth session of the CESCR on 13 December 1991.
General Comment No. 4 states that the following seven components form the core contents of the human right to adequate housing:
1. Legal security of tenure;
2. Availability of services, materials, facilities and infrastructure;
3. Location;
4. Habitability;
5. Affordability;
6. Accessibility; and
7. Cultural adequacy.
General Comment No. 4 also reiterates that the right to adequate housing should not be interpreted in a narrow or restrictive sense which equates it with the shelter provided by merely having a roof over one’s head or views shelter exclusively as a commodity, but that housing rights should be seen as rights to live somewhere in security, peace and dignity.
Link:
http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/469f4d91a9378221c12563ed0053547e?Opendocument
UN Committee on Economic, Social and Cultural Rights General Comment No. 7 on Forced Evictions (1997)
The UN Committee on Economic, Social and Cultural Rights (CESCR) adopted General Comment No. 7 on Forced Evictions on 20 May 1997.
General Comment No. 7 provides the leading legal interpretation of the right to be protected against forced eviction and represents the most far-reaching decision yet under international law on forced evictions and human rights, detailing what governments, landlords and institutions must do to prevent forced evictions.
Link:
http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/959f71e476284596802564c3005d8d50?Opendocument
UN Committee on Economic, Social and Cultural Rights General Comment No. 15 on the Right to Water (2005)
The UN Committee on Economic, Social and Cultural Rights (CESCR) adopted General Comment No. 15 on the Right to Water 20 January 2003.
General Comment No.7 provides, inter alia:
“…The right to water is also inextricably related to the right to the highest attainable standard of health (art. 12, para. 1)3 and the rights to adequate housing and adequate food (art. 11, para. 1).”
Link:
http://daccessdds.un.org/doc/UNDOC/GEN/G03/402/29/PDF/G0340229.pdf?OpenElement
The UN Guiding Principles on Internal Displacement (1998)
The Guiding Principles on Internal Displacement were presented to the Commission on Human Rights in 1998 by the then Representative to the UN Secretary-General on internally displaced persons, Francis Deng.
In September 2005, the heads of state and governments assembled at the World Summit in New York recognized the Guiding Principles as “an important international framework for the protection of internally displaced persons”.
The Guiding Principles are based on international humanitarian and human rights law and analogous refugee law. They are intended to serve as an international standard to guide governments, international organizations and all other relevant actors in providing assistance and protection to IDPs.
The Principles identify the rights and guarantees relevant to the protection of the internally displaced in all phases of displacement. They provide protection against arbitrary displacement, offer a basis for protection and assistance during displacement, and set out guarantees for safe return, resettlement and reintegration. Although they do not constitute a binding instrument, the Principles reflect and are consistent with international law.
Principle 18 provides:
“1. All internally displaced persons have the right to an adequate standard of living.
2. At the minimum, regardless of the circumstances, and without discrimination, competent authorities shall provide internally displaced persons with and ensure safe access to:
(a) Essential food and potable water;
(b) Basic shelter and housing;
(c) Appropriate clothing; and
(d) Essential medical services and sanitation.
3. Special efforts should be made to ensure the full participation of women in the planning and distribution of these basic supplies.”
Link:
http://www.brookings.edu/fp/projects/idp/resources/GPEnglish.pdf
The UN Principles on Housing and Property Restitution for Refugees and Displaced Persons (2005) (the ‘Pinhiero Principles’)
The UN Sub-Commission on the Promotion and Protection of Human Rights approved the ‘Principles on Housing and Property Restitution for Refugees and Displaced Persons’ (the Pinheiro Principles) in August 2005.
The aim of the principles is to provide international standards and practical guidance to States, UN agencies and the broader international community on how best to address the complex legal and technical issues surrounding housing, land and property restitution. The principles augment the international normative framework in the area of housing and property restitution rights, and are grounded firmly within existing international human rights and humanitarian law.
Link:
UN RESOLUTIONS
Since 1986 a series of resolutions have been adopted by various United Nations human rights and other bodies on the issue of HLP rights. Each of the resolutions was adopted by consensus. These resolutions have formed the legislative and political basis for instigating a broad range of activities within the United Nations on all aspects of HLP rights. Some of the most important provisions of these resolutions are included chronologically in this sub-section.
The UN Sub-Commission on Prevention of Discrimination and Protection of Minorities resolution 1998/26 entitled “Housing and Property Restitution in the Context of the Return of Refugees and Internally Displaced Persons” on 26 August 1998
Sub-Commission resolution 1998/26 provides in part:
“2. Reaffirms also the universal applicability of the right to adequate housing, the right to freedom of movement, the right to privacy and respect for the home and the particular importance of these rights for returning refugees and internally displaced persons wishing to return to their homes and places of habitual residence;
3. Confirms that the adoption or application of laws by States which are designed to or result in the loss or removal of tenancy, use, ownership or other rights connected with housing or property, the active retraction of the right to reside within a particular place, or laws of abandonment employed against refugees or internally displaced persons pose serious impediments to the return and reintegration of refugees and internally displaced persons and to reconstruction and reconciliation;
4. Urges all States to ensure the free and fair exercise of the right to return to one’s home and place of habitual residence by all refugees and internally displaced persons and to develop effective and expeditious legal, administrative and other procedures to ensure the free and fair exercise of this right, including fair and effective mechanisms designed to resolve outstanding housing and property problems;”
Link:
http://www.unhabitat.org/downloads/docs/1389_50528_internally%20displaced3.htm
The UN Sub-Commission on Prevention of Discrimination and Protection of Minorities resolution 1998/15 entitled “Women and the right to land, property and adequate housing,” adopted on 21 August 1998
Sub-Commission resolution 1998/15 provides in part:
“1. […] that the discrimination faced by women with respect to acquiring and securing land, property and housing, as well as financing for land, property and housing, constitutes a violation of women’s human rights to equality, protection against discrimination and the equal enjoyment of the right to an adequate standard of living, including adequate housing;
2. Strongly urges Governments to comply fully with all of their international and regional obligations and commitments concerning women’s rights to land, property, inheritance, adequate housing, including security of tenure, and an adequate standard of living;
3. Urges Governments to take all necessary measures in order to amend and/or repeal laws and policies pertaining to land, property and housing which deny women security of tenure and equal access and rights to land, property and housing, to encourage the transformation of customs and traditions which deny women security of tenure and equal access and rights to land, property and housing, and to adopt and enforce legislation which protects and promotes women’s rights to own, inherit, lease or rent land, property and housing;”
Link:
http://www.unhabitat.org/downloads/docs/1378_4022_WR9.htm
The UN Sub-Commission on Prevention of Discrimination and Protection of Minorities resolution 1997/19 entitled “Women and the right to adequate housing and to land and property,” adopted on 27 August 1997
Sub-Commission resolution 1997/19 provides in part:
“1. Reaffirms the universal nature and existence of the right to adequate housing in terms of its relevance to all human rights with respect to women;
2. Encourages States to comply fully with all their international and regional obligations and commitments concerning the legally recognised rights of women to land, property, inheritance, adequate housing including security of tenure, an adequate standard of living and the continuous improvement of living and housing conditions and to create opportunities for women to acquire training, education and information in all matters related to these rights;
3. Reminds Governments of the critical importance of providing women with legal resources and human rights information and education to address the violence they experience in relation to housing, and to enact and enforce laws and policies that protect women against violence in this context;
14. Requests Governments, the organisations and bodies of the United Nations and the specialized agencies actively to support local, national and international initiatives, including the development of human rights indicators, aimed at assessing and improving the housing and living conditions of women throughout the world, in full consultation with and with the full participation of women themselves, their representatives and community-based non-governmental organisations and other relevant groups;”
Link:
http://www.unhabitat.org/downloads/docs/1378_44801_WR8.htm
UN Commission on Human Settlements Resolution 16/7 entitled: “The realization of the human right to adequate housing,” adopted on 7 May 1997
Resolution 16/7 provides in part:
“Aware of the right of everyone to an adequate standard of living for themselves and their families, including adequate food, clothing, housing, water, and sanitation, and to the continuous improvement of living conditions, as stated in paragraph 11 of the Habitat Agenda…
Reaffirming the commitment of States, as set out in paragraph 39 of the Habitat Agenda, to the full and progressive realization of the right to adequate housing as provided for in international instruments…
4. Requests that all States within the overall context of an enabling approach, to take appropriate action in order to promote, protect and ensure the full and progressive realization of the right to adequate housing, as outlined n paragraph 61 of the Habitat Agenda;”
Link:
http://www.unhabitat.org/downloads/docs/788_86084_HS-C%20Resolution%2016-7.htm
The UN Sub-Commission on Prevention of Discrimination and Protection of Minorities resolution 1995/27 entitled “Promoting the realization of the human right to adequate housing,” adopted on 24 August 1995
Sub-Commission resolution 1995/27 provides in part:
“Reaffirming the human right of every woman, man and child to a safe and secure place to live in peace and dignity, Concerned also that Governments having the legal obligation to respect, protect and fulfil the human right to adequate housing have failed to take the necessary steps to ensure the full realization of this right for everyone entitled to it;
3. Strongly encourages all Governments faithfully to implement their existing legal obligations concerning the human right to adequate housing, including the adoption of effective legislation and policies respecting, promoting and protecting the human right to adequate housing, the removal of all obstacles to the full realization of this right and the repeal of legislation and policies which contradict housing rights standards, and to refrain from violating the human right to adequate housing.”
Link:
http://www.unhabitat.org/downloads/docs/1318_33251_Sub%20com3.htm
UN Sub-Commission on Prevention of Discrimination and Protection of Minorities resolution 1994/8 entitled “Children and the right to adequate housing,” adopted on 26 August 1994
Sub-Commission resolution 1994/8 provides in part:
“Conscious that one of the areas where the indivisibility and interdependence of human rights and of the rights of children become most apparent is with respect to the existence of widespread poverty leading to inadequate housing and living conditions, Aware of the worsening situation around the world of the living conditions of children and of the fact that tens of millions of children are being forced to live in the streets, in slums and on pavements, and that this number is growing daily,
Concerned at the especially adverse living conditions of children belonging to vulnerable groups, including indigenous people and ethnic, racial, religious and other minorities,
Reminds Governments to comply to the maximum extent of available resources with all existing obligations concerning the legally recognised rights of children to an adequate standard of living and the continuous improvement of living and housing conditions.”
Link:
http://www.unhabitat.org/downloads/docs/1382_64108_WR16.htm
UN Sub-Commission on Prevention of Discrimination and Protection of Minorities resolution 1993/36 entitled “The Right to Adequate Housing”, adopted on 26 August 1993
Sub-Commission resolution 1993/36 provides in part:
“3. Strongly encourages all governments to pursue effective policies and legislation aimed at creating conditions towards ensuring the full realization of the right to adequate housing of the entire population concentrating on those currently homeless or inadequately housed, and to take into account the particularly negative impact on housing and living conditions that may result from the adoption of economic adjustment and other policies based exclusively upon the dictates of the free-market.”
Link:
http://www.unhabitat.org/downloads/docs/1318_75462_Sub%20com1.htm
UN Commission on Human Settlements resolution 14/6 entitled “The Human Right to Adequate Housing”, adopted on 5 May 1993
Sub-Commission resolution 14/6 provides in part:
“3. Urges all States to cease any practices which could or do result in infringements of the human right to adequate housing, in particular the practice of forced mass evictions and any form of racial or other discrimination in the housing sphere;
4. Invites all States to repeal, reform or amend any existing legislation, policies, programmes or projects which in any manner negatively affect the full realization of right to adequate housing;
5. Encourages all States to take steps according to their available resources, with a view to achieving progressively the full realization of the right to adequate housing, by appropriate means, including particularly the adoption of legislative measures;
6. Urges all States to comply with existing international agreements concerning the right to adequate housing, and to this end, to establish in accordance with the human settlements parts of international human rights law, appropriate monitoring mechanisms to provide, for national and international consideration, accurate data and indicators on the extent of homelessness, inadequate housing conditions, persons without security of tenure and other issues arising from the right to adequate housing and providing insights into policy, structural and other impediments to the efficient operation of the shelter sector.”
Link:
http://www.unhabitat.org/programmes/housingrights/documents/HS.C.RES.14.6.htm
UN Sub-Commission on Prevention of Discrimination and Protection of Minorities resolution 1992/26 entitled “Promoting the Realization of the Right to Adequate Housing”, adopted on 22 August 1992
Sub-Commission resolution 1992/26 provides in part:
“2. Encourages all States to pursue effective policies and legislation aimed at creating conditions aimed at ensuring the full realization of the right to adequate housing of the entire population, concentrating on those vulnerable groups that are homeless or inadequately housed.”
Link:
http://ww2.unhabitat.org/programmes/housingrights/unhrp_resolutions.asp
UN Sub-Commission on Prevention of Discrimination and Protection of Minorities resolution 1991/26 entitled “Promoting the Realization of the Right to Adequate Housing”, adopted on 29 August 1991
Sub-Commission resolution 1991/26 provides in part:
“The Sub-Commission urges all States to pursue effective policies and adopt legislation aimed at ensuring the realization of the right to adequate housing of the entire population, concentrating on those currently homeless or inadequately housed.”
Link:
http://ww2.unhabitat.org/programmes/housingrights/unhrp_resolutions.asp
UN Commission on Human Rights resolution 1988/24 entitled “The Realization of the Right to Adequate Housing”, adopted on 7 March 1988
Sub-Commission resolution 1988/24 provides in part:
“The Commission on Human Rights decides to keep the question of the right to adequate housing under periodic review.”
Link:
http://ww2.unhabitat.org/programmes/housingrights/unhrp_resolutions.asp
UNGA resolution 42/146 entitled “The Realization of the Right to Adequate Housing,” adopted on 7 December 1987, states in part:
UNGA resolution 42/146 provides in part:
“1. Expresses its deep concern that millions of people do not enjoy the right to adequate housing;
2. Reiterates the need to take, at the national and international levels, measures to promote the right of all persons to an adequate standard of living for themselves and their families, including adequate housing;
3. Calls upon all States and international organizations concerned to pay special attention to the realization of the right to adequate housing in carrying out measures to develop national shelter strategies and settlement improvement programmes within the framework of the global strategy for shelter to the year 2000;”
Link:
http://www.un.org/documents/ga/res/42/a42r146.htm
Economic and Social Council (ECOSOC) of the United Nations resolution 1987/62 entitled “The Realization of the Right to Adequate Housing”, adopted on 29 May 1987
Economic and Social Council Resolution 1987/62 provides in part:
“Expresses its deep concern that millions of people do not enjoy the right to adequate housing;
2. Reiterates the need to take appropriate measures, at the national and international levels, to promote the right of all persons to an adequate standard of living for themselves and their families, including adequate housing;
3. Calls upon all States and international organizations concerned to pay special attention to the realization of the right to adequate housing in carrying out measures for the observance of the International Year of Shelter for the Homeless, inter alia, by developing shelter strategies and settlement improvement programmes;”
Link:
http://www.unhchr.ch/huridocda/huridoca.nsf/(Symbol)/E.RES.1987.62.En?Opendocument
Economic and Social Council (ECOSOC) of the United Nations resolution 1987/37 entitled “The International Year of Shelter for the Homeless,” adopted on 28 May, 1987
Economic and Social Council Resolution 1987/37 provides in part:
“ECOSOC recalls that the objective of activities before and during the Year is to improve the shelter and neighborhoods of some of the poor and disadvantaged by the end of 1987, according to national priorities, and to demonstrate by the Year 2000 ways and means of improving the shelter and neighborhoods of the poor and disadvantaged.”
Link:
http://ww2.unhabitat.org/programmes/housingrights/unhrp_resolutions.asp
UN Commission on Human Rights resolution 1987/22 entitled “The Realization of the Right to Adequate Housing”, adopted on 10 March 1987
Resolution 1987/22 provides in part:
“The Commission on Human Rights reiterates the need to take appropriate measures, at the national and international levels, for promoting the right of all persons to an adequate standard of living for themselves and their families, including adequate housing.”
Link:
http://ww2.unhabitat.org/programmes/housingrights/unhrp_resolutions.asp
UNGA resolution 41/146 entitled “The Realization of the Right to Adequate Housing”, adopted on 4 December 1986
UNGA resolution 41/146 provides in part:
“1. Expresses its deep concern that millions of people do not enjoy the right to adequate housing;
2. Reiterates the need to take, at the national and international levels, measures to promote the right of all persons to an adequate standard of living for themselves and their families, including adequate housing;
3. Calls upon all States and international organizations concerned to intensify their efforts to achieve the objectives and goals of the International Year of Shelter for the Homeless;”
Link:
http://www.un.org/documents/ga/res/41/a41r146.htm
UN Commission on Human Rights resolution 1986/36 entitled “The Realization of the Right to Adequate Housing”, adopted on 12 March 1986
Resolution 1986/36 provides in part:
“The Commission on Human Rights reiterates the right of all persons to an adequate standard of living for themselves and their families, including adequate housing.”
Link:
http://ww2.unhabitat.org/programmes/housingrights/unhrp_resolutions.asp
OTHER DOCUMENTS
Habitat Agenda
The Habitat Agenda was adopted by the second United Nations Conference on Human Settlements (Habitat II) at Istanbul, Turkey on 14 June 1996. The Habitat Agenda is the main political document that came out of the Habitat II conference in Istanbul, Turkey (3 to 14 June 1996). Adopted by 171 countries, at what was called the City Summit it contains over 100 commitments and 600 recommendations on human settlements issues.
Habitat Agenda, Chapter II (Commitments) provides:
“A. Adequate shelter for all
39. We reaffirm our commitment to the full and progressive realization of the right to adequate housing, as provided for in international instruments. In this context, we recognize an obligation by Governments to enable people to obtain shelter and to protect and improve dwellings and neighbourhoods. We commit ourselves to the goal of improving living and working conditions on an equitable and sustainable basis, so that everyone will have adequate shelter that is healthy, safe, secure, accessible and affordable and that includes basic services, facilities and amenities, and will enjoy freedom from discrimination in housing and legal security of tenure. We shall implement and promote this objective in a manner fully consistent with human rights standards.
40. We further commit ourselves to the objectives of:
[…]
(b) Providing legal security of tenure and equal access to land to all people, including women and those living in poverty; and undertaking legislative and administrative reforms to give women full and equal access to economic resources, including the right to inheritance and to ownership of land and other property, credit, natural resources and appropriate technologies;
[…]
(d) Ensuring transparent, comprehensive and accessible systems in transferring land rights and legal security of tenure;
[…]
(j) Eradicating and ensuring legal protection from discrimination in access to shelter and basic services, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status; similar protection should be ensured against discrimination on the grounds of disability or age;
[…]
(l) Promoting shelter and supporting basic services and facilities for education and health for the homeless, displaced persons, indigenous people, women and children who are survivors of family violence, persons with disabilities, older persons, victims of natural and man-made disasters and people belonging to vulnerable and disadvantaged groups, including temporary shelter and basic services for refugees;
[…]
We commit ourselves to the goal of gender equality in human settlements development. We further commit ourselves to:
(a) Integrating gender perspectives in human settlements related legislation, policies, programmes and projects through the application of gender-sensitive analysis;
[…]
D. Gender equality
46. We commit ourselves to the goal of gender equality in human settlements development. We further commit ourselves to:
(a) Integrating gender perspectives in human settlements related legislation, policies, programmes and projects through the application of gender-sensitive analysis;”
Link:
http://ww2.unhabitat.org/declarations/habitat_agenda.asp
Agenda 21
Agenda 21, the Rio Declaration on Environment and Development, and the Statement of principles for the Sustainable Management of Forests were adopted by more than 178 Governments at the United Nations Conference on Environment and Development (UNCED) held in Rio de Janerio, Brazil, 3 to 14 June 1992.
Agenda 21 is a comprehensive plan of action to be taken globally, nationally and locally by organizations of the United Nations System, Governments, and Major Groups in every area in which human impacts on the environment.
Agenda 21 provides in part:
“Chapter 7.6:
Access to safe and healthy shelter is essential to a person’s physical, psychological, social and economic wellbeing and should be a fundamental part of national and international action. The right to adequate housing as a basic human right is enshrined in the Universal Declaration of Human Rights and the International Covenant on Economic, Social and Cultural Rights. Despite this, it is estimated that at the present time, at least one billion people do not have access to safe and healthy shelter and that if appropriate action is not taken, this number will increase dramatically by the end of the century and beyond.
Chapter 7.9(b):
All countries should adopt and/or strengthen national shelter strategies, with targets based, as appropriate, on the principles and recommendations contained in the Global Strategy for Shelter to the Year 2000. People should be protected by law against unfair eviction from their homes or land.
Chapter 7.9(c):
All countries should, as appropriate, support the shelter efforts of the urban and rural poor, the unemployed and the no-income group by adopting and/or adapting existing codes and regulations, to facilitate their access to land, finance and low-cost building materials and by actively promoting the regularization and upgrading of informal settlements and urban slums as an expedient measure and pragmatic solution to the urban shelter deficit.
Chapter 7.30(f):
All countries should consider developing national land-resource management plans to guide land-resource development and utilization and, to that end, should…establish appropriate forms of land tenure that provide security of tenure for all land users, especially indigenous people, women, local communities, the low-income urban dwellers and the rural poor.”
Link:
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