The legal resources listed below include international charters, covenants, conventions, declarations and recommendations. Although the legal nature of the various instruments varies, they are all relevant legal standards to refer to in support of housing rights for everyone, everywhere.

In legal terms, the most powerful documents are the conventions, covenants and charters. The text of these treaties is first agreed upon and adopted and then enters into force upon ratification by a certain number of states. Upon ratification to a certain treaty, a state undertakes a voluntary and legally binding obligation to fulfill the particular provisions contained in that treaty.

Declarations and recommendations are also of vital importance. They are not legally binding on states, however, they represent the development of international legal norms and reflect the commitment of states to move in certain directions and abide by certain principles. Further, in some instances, declarations may gain the force of binding law if the declaration in question or certain provisions in the declaration achieve the status of customary law.

INTERNATIONAL CHARTERS, COVENANTS & CONVENTIONS

International Covenant on Economic, Social and Cultural Rights (1966)

The International Covenant on Economic, Social and Cultural Rights (ICESCR), contains the most significant articulation of the right to adequate housing. The ICESCR was adopted by United Nations General Assembly (UNGA) resolution 22001(XXI) on 16 December 1966 and entered into force on 3 January 1976.

The right to adequate housing is found in article 11(1). This is the most legally significant universal provision recognizing this right and has been subject to the greatest analysis, application and interpretation of all international legal sources of housing rights. Although the ICESCR recognises the right to housing as a part of the larger right to an adequate standard of living, under international human rights law the right to adequate housing is understood as an independent or free-standing right.

The Committee on Economic, Social and Cultural Rights (CESCR) is responsible for monitoring State party compliance with the Covenant.

Article 11(1) provides:

“The State parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and for 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 co-operation based on free consent.”

Links:

International Covenant on Economic, Social and Cultural Rights

http://www2.ohchr.org/english/law/cescr.htm

Committee on Economic, Social and Cultural Rights

http://www2.ohchr.org/english/bodies/cescr/

International Covenant on Civil and Political Rights (1966)

The International Covenant on Civil and Political Rights (ICCPR) was adopted by UNGA resolution 2200A (XXI) of 16 December 1966 and entered into force on 23 March 1976.

The ICCPR has increasingly been used to enforce housing rights, for example, homelessness has been found to threaten violations of the right to life (Article 4) and forced evictions have been found to contravene the right to be free from arbitrary or unlawful interference with the home (Article 17).

The Human Rights Committee is responsible for monitoring State party compliance with the Covenant.

Article 17 provides:

“(1) No one 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.

(2) Everyone has the right to the protection of the law against such interference or attacks.”

Links:

International Covenant on Civil and Political Rights

http://www2.ohchr.org/english/law/ccpr.htm

Human Rights Committee

http://www2.ohchr.org/english/bodies/hrc/

Convention on the Elimination of All Forms of Racial Discrimination (1965)

The Convention on the Elimination of All Forms of Racial Discrimination was adopted by UNGA resolution 2106A (XX) on 21 December 1965 and entered into force on 4 January 1969.

State compliance with the Convention is monitored by the UN Committee on the Elimination of All Forms of Racial Discrimination (CERD).

The Convention expressly prohibits discrimination in the housing sector.

Article 5 provides:

“In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all 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 the following rights:

[…]

(e) Economic, social and cultural rights, in particular:

[…]

(iii) the right to housing.

Links:

International Convention on the Elimination of All Forms of Racial Discrimination

http://www2.ohchr.org/english/law/cerd.htm

Committee on the Elimination of Racial Discrimination

http://www2.ohchr.org/english/bodies/cerd/

Convention on the Elimination of All Forms of Discrimination against Women (1979)

The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) was adopted by UNGA resolution 34/180 on 18 December 1979 and entered into force on 3 September 1981.

State compliance with the Convention is monitored by the UN Committee on the Elimination of All Forms of Discrimination Against Women.

The Convention protects the rights of rural women to adequate housing.

Article 14 provides:

“2. States Parties shall take 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.”

Links:

Convention on the Elimination of Discrimination against Women

http://www.un.org/womenwatch/daw/cedaw/cedaw.htm

Committee on the Elimination of Discrimination against Women

http://www2.ohchr.org/english/bodies/cedaw/index.htm

Convention on the Rights of the Child (1989)

The Convention on the Rights of the Child was adopted by UNGA resolution 44/25 on 20 November 1989 and entered into force on 2 September 1990.

Compliance with this Convention is monitored by the UN Committee on the Rights of the Child.

The Convention protects the housing rights of children.

Article 27(3) provides:

“State Parties in accordance with national conditions and within their means shall take appropriate measure 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 regards to nutrition, clothing and housing.”

Links:

The Convention on the Rights of the Child

http://www2.ohchr.org/english/law/crc.htm

Committee on the Rights of the Child

http://www2.ohchr.org/english/bodies/crc/index.htm

International Convention Relating to the Status of Refugees (1951)

The Convention Relating to the Status of Refugees was adopted by UNGA resolution 429(V) on 28 July 1951 and entered into force on 22 April 1954.

Article 21 provides:

“As regards housing, the Contracting States, in so far 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 as possible and, in any event, not less favourable than that accorded to aliens generally in the same circumstances.”

Link:

Convention Relating to the Status of Refugees

http://www2.ohchr.org/english/law/refugees.htm

For an analysis of Article 21, see:

Displacement Solutions (2009) Brief Commentary on Article 21 (Housing) of the 1951 Refugee Convention, Displacement Solutions

http://displacementsolutions.org/files/documents/Article21_Brief_Commentary.doc

International Convention on the Suppression and Punishment of the Crime of Apartheid (1973)

The Convention on the Suppression and Punishment of the Crime of Apartheid was adopted by UNGA resolution (XXVIII) of 30 November 1973 and entered into force on 18 July 1976.

Article II provides:

“For the purpose of the present Convention, the term “the crime of apartheid”, which shall include similar policies and practices of racial segregation and discrimination as practised in southern Africa, shall apply to the following inhuman acts committed for the purpose of establishing and maintaining domination by one racial group of persons over any other racial group of persons and systematically oppressing them:

[…]

2. Deliberate imposition on a racial group or groups of living conditions calculated to cause its or their physical destruction in whole or in part;

[…]

4. Any measures, including legislative measures, designed to divide the population along racial lines by the creation of separate reserves and ghettos for the members of a racial group or groups…the expropriation of landed property belonging to a racial group or groups or to members thereof;”

Link:

http://www.anc.org.za/un/uncrime.htm

International Convention on the Protection of the Rights of all Migrant Workers and Members of their Families (1990)

The Convention on the Protection of the Rights of all Migrant Workers and Members of their Families was adopted on 18 December 1990 and entered into force on 1 July 2003.

Article 43 provides:

“(1) 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.”

Link:

Convention on the Protection of the Rights of all Migrant Workers and Members of their Families

http://www2.ohchr.org/english/law/cmw.htm

International Labour Organization (ILO) Convention No. 169 Concerning Indigenous and Tribal Peoples (1989)

The Convention concerning Indigenous and Tribal Peoples in Independent Countries was adopted on 27 June 1989 and entered into force on 5 September 1991. The Convention revised the Indigenous and Tribal Populations Convention no. 107 of 1957.

Article 2 provides:

“1. Governments shall have the responsibility for developing, with the participation of the peoples concerned, coordinated and systematic action to protect the rights of these peoples and to guarantee respect for their integrity.

2. Such action shall include measures for:

(a) ensuring that members of these peoples benefit on an equal footing from the rights and opportunities which national laws and regulations grant to other members of the population;

(b) promoting the full realisation of the social, economic and cultural rights of these peoples with respect for their social and cultural identity, their customs and traditions and their institutions”

Article 7 provides:

“1. The peoples concerned shall have the right to decide their own priorities for the process of development as it affects their lives, beliefs, institutions and spiritual well-being and the lands they occupy or otherwise use, and to exercise control, to the extent possible, over their own economic, social and cultural development. In addition, they shall participate in the formulation, implementation and evaluation of plans and programmes for national and regional development which may affect them directly.”

Article 14 provides:

“1. The rights of ownership and possession of the peoples concerned over the lands which they traditionally occupy shall be recognised. In addition, measures shall be taken in appropriate cases to safeguard the right of the peoples concerned to use lands not exclusively occupied by them, but to which they have traditionally had access for their subsistence and traditional activities. Particular attention shall be paid to the situation of nomadic peoples and shifting cultivators in this respect.”

Article 16 provides:

“1. Subject to the following paragraphs of this Article, the peoples concerned shall not be removed from the lands which they occupy.

2. Where the relocation of these peoples is considered necessary as an exceptional measure, such relocation shall take place only with their free and informed consent. Where their consent cannot be obtained, such relocation shall take place only following appropriate procedures established by national laws and regulations, including public inquiries where appropriate, which provide the opportunity for effective representation of the peoples concerned.

3. Whenever possible, these peoples shall have the right to return to their traditional lands, as soon as the grounds for relocation cease to exist.

4. When such return is not possible, as determined by agreement or, in the absence of such agreement, through appropriate procedures, these peoples shall be provided in all possible cases with lands of quality and legal status at least equal to that of the lands previously occupied by them, suitable to provide for their present needs and future development. Where the peoples concerned express a preference for compensation in money or in kind, they shall be so compensated under appropriate guarantees.

5. Persons thus relocated shall be fully compensated for any resulting loss or injury.”

Article 17 provides:

“1. Procedures established by the peoples concerned for the transmission of land rights among members of these peoples shall be respected.”

Article 20 provides:

“2. Governments shall do everything possible to prevent any discrimination between workers belonging to the peoples concerned and other workers, in particular as regards:

[…]

(c) medical and social assistance, occupational safety and health, all social security benefits and any other occupationally related benefits, and housing;”

Link:

http://www.ilo.org/ilolex/cgi-lex/convde.pl?C169

International Labour Organization (ILO) Convention No. 161 Concerning Occupational Health Services (1985)

The Convention concerning Occupational Health Services was adopted on 25 June 1985 and entered into force on 17 February 1988.

Article 5 provides:

“Without prejudice to the responsibility of each employer for the health and safety of the workers in his employment, and with due regard to the necessity for the workers to participate in matters of occupational health and safety, occupational health services shall have such of the following functions as are adequate and appropriate to the occupational risks of the undertaking:

[…]

(b) surveillance of the factors in the working environment and working practices which may affect workers; health, including sanitary installations, canteens and housing where these facilities are provided by the employer;”

Link:

http://www.ilo.org/ilolex/cgi-lex/convde.pl?C161

International Labour Organization (ILO) Convention No. 117 Concerning Social Policy (Basic Aims and Standards) (1962)

The Convention concerning Social Policy (Basic Aims and Standards) was adopted on 22 June 1962 and entered into force on 23 April 1964.

Article 2 provides:

“The improvement of standards of living shall be regarded as the principal objective in the planning of economic development.”

Article 4 provides:

“The measures to be considered by the competent authorities for the promotion of productive capacity and the improvement of standards of living of agricultural producers shall include:

[…]

(d) the supervision of tenancy arrangements and of working conditions with a view to securing for tenants and labourers the highest practicable standards of living and an equitable share in any advantages which may result from improvements in productivity or in price levels;”

Article 5 provides:

“2. In ascertaining the minimum standards of living, account shall be taken of such essential family needs of the workers as food and its nutritive value, housing, clothing, medical care and education.”

Link:

http://www.ilo.org/ilolex/cgi-lex/convde.pl?C117

International Labour Organization (ILO) Convention No. 110 concerning Plantations (1958)

The Convention concerning Plantations was adopted on 24 June 1958 and came into force on 22 January 1960.

Article 88 provides:

“1. Where housing is provided by the employer the conditions under which plantation workers are entitled to occupancy shall be not less favourable than those established by national custom or national legislation.”

Link:

http://www.ilo.org/ilolex/cgi-lex/convde.pl?C110

International Labour Organization (ILO) Convention No. 82 concerning Social Policy (Non-Metropolitan Territories) (1947)

The Convention concerning Social Policy (Non-Metropolitan Territories) was adopted on 11 July 1947 and entered into force on 16 June 1955.

Article 4 provides:

“All possible steps shall be taken by appropriate international, regional, national and territorial measures to promote improvement in such fields as public health, housing, nutrition, education, the welfare of children, the status of women, conditions of employment, the remuneration of wage earners and independent producers, the protection of migrant workers, social security, standards of public services and general production.”

Article 9 provides:

“2. In ascertaining the minimum standards of living, account shall be taken of such essential family needs of the workers as food and its nutritive value, housing, clothing, medical care and education.”

Article 15 provides:

“7. Where food, housing, clothing and other essential supplies and services form part of remuneration, all practicable steps shall be taken by the competent authority to ensure that they are adequate and their cash value properly assessed.”

Link:

http://www.ilo.org/ilolex/cgi-lex/convde.pl?C082

Convention on the Suppression and Punishment of the Crime of Apartheid (1973)

The Convention on the Suppression and Punishment of the Crime of Apartheid was adopted by UNGA resolution (XXVIII) of 30 November 1973 and entered into force on 18 July 1976.

Article II provides:

“For the purpose of the present Convention, the term “the crime of apartheid”, which shall include similar policies and practices of racial segregation and discrimination as practised in southern Africa, shall apply to the following inhuman acts committed for the purpose of establishing and maintaining domination by one racial group of persons over any other racial group of persons and systematically oppressing them:

[…]

2. Deliberate imposition on a racial group or groups of living conditions calculated to cause its or their physical destruction in whole or in part;

[…]

4. Any measures, including legislative measures, designed to divide the population along racial lines by the creation of separate reserves and ghettos for the members of a racial group or groups…the expropriation of landed property belonging to a racial group or groups or to members thereof;”

Link:

http://www.anc.org.za/un/uncrime.htm

The Convention on the Rights of Persons with Disabilities (2006)

The Convention on the Rights of Persons with Disabilities was adopted by the UNGA on 13 December 2006 and entered into force on 3 May 2008.

The Convention is monitored by the Committee on the Rights of Persons with Disabilities.

Article 28 provides:

“Adequate standard of living and social protection

1. States Parties recognize the right of persons with disabilities to an adequate standard of living for themselves and their families, including adequate food, clothing and housing, and to the continuous improvement of living conditions, and shall take appropriate steps to safeguard and promote the realization of this right without discrimination on the basis of disability.

2.

[…]

d. To ensure access by persons with disabilities to public housing programmes;”

Links:

Convention on the Rights of Persons with Disabilities

http://www.un.org/disabilities/convention/conventionfull.shtml

Committee on the Rights of Persons with Disabilities

http://www.ohchr.org/EN/HRBodies/CRPD/Pages/CRPDIndex.aspx

Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War (1949)

The Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War was adopted on 12 August 1949 and entered into force on 21 October 1950.

In the context of occupied territories, Article 49 provides:

“Individual or mass forcible transfers, as well as deportations of protected persons from occupied territory to the territory of the Occupying Power or to that of any other country, occupied or not, are prohibited regardless of their motive.

Nevertheless, the Occupying Power may undertake total or partial evacuation of a given area if the security of the population or imperative military reasons so demand…

[…]

The Occupying Power undertaking such transfers or evacuations shall ensure, to the greatest practicable extent, that proper accommodation is provided to receive the protected persons…”

Article 53 provides:

“Any destruction by the Occupying Power of real or personal property belonging individually or collectively to private persons, or to the State, or to other public authorities, or to social or cooperative organisations, is prohibited, except where such destruction is rendered absolutely necessary by military occupations.”

Concerning regulations for the treatment of internees, Article 85 provides:

“The Detaining Power is bound to take all necessary and possible measures to ensure that protected persons shall, from the outset of their internment, be accommodated in buildings or quarters which afford every possible safeguard as regards hygiene and health, and provide efficient protection against the rigours of the climate and the effects of the war…”

Article 134 provides:

“The High Contracting Parties shall endeavour, upon the close of hostilities or occupation, to ensure the return of all internees to their last place of residence, or to facilitate their repatriation.”

Link: http://www.icrc.org/ihl.nsf/385ec082b509e76c41256739003e636d/6756482d86146898c125641e004aa3c5

Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I) (1977)

Additional Protocol I relating to the Protection of Victims of International Armed Conflicts was adopted on 8 June 1977 and entered into force on 7 December 1978.

Article 69 provides:

“Basic needs in occupied territories

1. In addition to the duties specified in Article 55 of the Fourth Convention concerning food and medical supplies, the Occupying Power shall, to the fullest extent of the means available to it and without any adverse distinction, also ensure the provision of clothing, bedding, means of shelter, other supplies essential to the survival of the civilian population of the occupied territory and objects necessary for religious worship.”

Link: http://www.icrc.org/ihl.nsf/7c4d08d9b287a42141256739003e636b/f6c8b9fee14a77fdc125641e0052b079

Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II) (1977)

Additional Protocol II relating to the Protection of Victims of Non-International Armed Conflicts was adopted on 8 June 1977 and entered into force on 7 December 1978.

Article 17 provides:

“Prohibition of forced movement of civilians

1. The displacement of the civilian population shall not be ordered for reasons related to the conflict unless the security of the civilians involved or imperative military reasons so demand. Should such displacements have to be carried out, all possible measures shall be taken in order that the civilian population may be received under satisfactory conditions of shelter, hygiene, health, safety and nutrition.

2. Civilians shall not be compelled to leave their own territory for reasons connected with the conflict.”

Link: http://www.icrc.org/ihl.nsf/7c4d08d9b287a42141256739003e636b/d67c3971bcff1c10c125641e0052b545

Statute of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991 (International Tribunal for the Former Yugoslavia)

The Statute of the International Tribunal for the Former Yugoslavia was adopted by Security Council resolution 827 (1993) of 25 May 1993 and amended by Security Council resolutions 1166 (1998) of 13 May 1998, 1329 (2000) of 30 November 2000, 1411 (2002) of 17 May 2002 and1431 (2002) of 14 August 2002.

Article 2 provides:

“Grave breaches of the Geneva Conventions of 1949

The International Tribunal shall have the power to prosecute persons committing or ordering to be committed grave breaches of the Geneva Conventions of 12 August 1949, namely the following acts against persons or property protected under the provisions of the relevant Geneva Convention:

[…]

(d) extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly;”

Article 3 provides:

“Violations of the laws or customs of war

The International Tribunal shall have the power to prosecute persons violating the laws or customs of war. Such violations shall include, but not be limited to:

“(b) wanton destruction of cities, towns or villages, or devastation not justified by military necessity;

(c) attack, or bombardment, by whatever means, of undefended towns, villages, dwellings, or buildings;”

Link:

http://www2.ohchr.org/english/law/itfy.htm

Statute of the International Tribunal for the Prosecution of Persons Responsible for Genocide and other Serious Violations of International Humanitarian Law Committed in the Territory of Rwanda and Rwandan Citizens Responsible for Genocide and other such Violations Committed in the Territory of Neighbouring States, Between 1 January 1994 and 31 December 1994

The Statute of the International Tribunal for Rwanda was adopted by Security Council resolution 955 (1994) of 8 November 1994 and amended by Security Council resolutions 1165 (1998) of 30 April 1998 , 1329 (2000) of 30 November 2000, 1411 (2002) of 17 May 2002 and 1431 (2002) of 14 August 2002.

Article 3 provides:

“Crimes against humanity

The International Tribunal for Rwanda shall have the power to prosecute persons responsible for the following crimes when committed as part of a widespread or systematic attack against any civilian population on national, political, ethnic, racial or religious grounds:

[…]

(d) Deportation;

(e) Imprisonment;

[…]

(h) Persecutions on political, racial and religious grounds;

[…]

(i) Other inhumane acts.”

Article 4 provides:

“Violations of Article 3 common to the Geneva Conventions and of Additional Protocol II

The International Tribunal for Rwanda shall have the power to prosecute persons committing or ordering to be committed serious violations of Article 3 common to the Geneva Conventions of 12 August 1949 for the Protection of War Victims, and of Additional Protocol II thereto of 8 June 1977. These violations shall include, but shall not be limited to:

(a) Violence to life, health and physical or mental well-being of persons, in particular murder as well as cruel treatment such as torture, mutilation or any form of corporal punishment.”

Link:

http://www2.ohchr.org/english/law/itr.htm

Rome Statute for the Establishment of a Permanent International Criminal Court

The Rome Statute for the Establishment of a Permanent International Criminal Court was adopted on 17 July 1998 and entered into force on 1 July 2002.

Article 8 provides:

“War crimes

1. The Court shall have jurisdiction in respect of war crimes in particular when committed as part of a plan or policy or as part of a large-scale commission of such crimes.

2. For the purpose of this Statute, “war crimes” means:

(a) Grave breaches of the Geneva Conventions of 12 August 1949, namely, any of the following acts against persons or property protected under the provisions of the relevant Geneva Convention:

[…]

(iv) Extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly;

[…]

(vii) Unlawful deportation or transfer or unlawful confinement;

[…]

(b) Other serious violations of the laws and customs applicable in international armed conflict, within the established framework of international law, namely, any of the following acts:

[…]

(ii) Intentionally directing attacks against civilian objects, that is, objects which are not military objectives;

[…]

(v) Attacking or bombarding, by whatever means, towns, villages, dwellings or buildings which are undefended and which are not military objectives;

[…]

(xiii) Destroying or seizing the enemy’s property unless such destruction or seizure be imperatively demanded by the necessities of war;

[…]

(c) In the case of an armed conflict not of an international character, serious violations of article 3 common to the four Geneva Conventions of 12 August 1949, namely, any of the following acts committed against persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention or any other cause;

[…]

(e) Other serious violations of the laws and customs applicable in armed conflicts not of an international character, within the established framework of international law, namely, any of the following acts:

[…]

(viii) Ordering the displacement of the civilian population for reasons related to the conflict, unless the security of the civilians involved or imperative military reasons so demand;

[…]

(xii) Destroying or seizing the property of an adversary unless such destruction or seizure be imperatively demanded by the necessities of the conflict;”

Link:

http://www2.ohchr.org/english/law/criminalcourt.htm

DECLARATIONS & RECOMMENDATIONS

The Universal Declaration of Human Rights (1948)

The Universal Declaration of Human Rights (UDHR) was the first major international agreement on human rights and forms a key part of the International Bill of Rights. It is also the first human rights instrument to recognise housing rights.

The Declaration was adopted and proclaimed by the General Assembly on 10 December 1948.

Article 25 provides:

“Everyone has the right to a standard 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.”

Link:

The Universal Declaration of Human Rights

http://www.un.org/en/documents/udhr/index.shtml

Declaration on the Rights of the Child (1959)

The Declaration on the Rights of the Child was proclaimed by UNGA resolution 1386(XIV) on 20 November 1959.

Principle 4 provides:

“The child shall enjoy the benefits of social security. He shall be entitled to grow and develop in health; to this end, special care and protection shall be provided both to him and to his mother, including adequate pre-natal and post-natal care. The child shall have the right to adequate nutrition, housing, recreation and medical services.”

Link:

Declaration on the Rights of the Child

http://www.cirp.org/library/ethics/UN-declaration

International Labour Organization (ILO) Recommendation No. 115 concerning Workers’ Housing (1961)

The Recommendation concerning Workers’ Housing was adopted on 28 June 1961.

Section II (Objectives of National Housing Policy) provides:

“2. It should be an objective of national policy to promote, within the framework of general housing policy, the construction of housing and related community facilities with a view to ensuring that adequate and decent housing accommodation and a suitable living environment are made available to all workers and their families. A degree of priority should be accorded to those whose needs are most urgent.”

Section III (Responsibility of Public Authorities), provides:

“8…

(2) The responsibilities of the central body should include–

[…]

(b) formulating workers’ housing programmes, such programmes to include measures for slum clearance and the rehousing of occupiers of slum dwellings.”

Section VI (Housing Standards), provides:

“19. As a general principle, the competent authority should, in order to ensure structural safety and reasonable levels of decency, hygiene and comfort, establish minimum housing standards in the light of local conditions and take appropriate measures to enforce these standards.”

The section on “Suggestions Concerning Methods of Application”, provides:

“5. The competent authorities should give special attention to the particular problem of housing migrant workers and, where appropriate, their families, with a view to achieving as rapidly as possible equality of treatment between migrant workers and national workers in this respect.”

Link:

R115 Workers’ Housing Recommendation

http://www.ilo.org/ilolex/cgi-lex/convde.pl?R115

Declaration on the Elimination of All Forms of Racial Discrimination (1963)

The Declaration on the Elimination of All Forms of Racial Discrimination was proclaimed by UNGA resolution 1904 (XVIII) of 20 November 1963.

Article 3 provides:

“1. Particular efforts shall be made to prevent discrimination based on race, colour or ethnic origin, especially in the fields of civil rights, access to citizenship, education, religion, employment, occupation and housing.

[…]”

Link:

Declaration on the Elimination of All Forms of Racial Discrimination

http://www.un-documents.net/a18r1904.htm

Declaration on Social Progress and Development (1969)

The Declaration on Social Progress and Development was proclaimed by UNGA resolution 2542 (XXIV) on 11 December 1969.

Part II (Objectives), provides:

“Social progress and development shall aim at the continuous raising of the material and spiritual standards of living of all members of society, with respect for and in compliance with human rights and fundamental freedoms, through the attainment of the following main goals:

Article 10

[…]

(f) The provision for all, particularly persons in low income groups and large families, of adequate housing and community services.

[…]”

Link:

Declaration on Social Progress and Development

http://www2.ohchr.org/english/law/progress.htm

Declaration on the Rights of Disabled Persons (1975)

The Declaration on the Rights of Disabled Persons was proclaimed by UNGA resolution 3447 (XXX) of 9 December 1975.

Article 9 provides:

“Disabled persons have the right to live with their families or with foster parents and to participate in all social, creative or recreational activities. No disabled person shall be subjected, as far as his or her residence is concerned, to differential treatment other than that required by his or her condition or by the improvement which he or she may derive therefrom. If the stay of a disabled person in a specialized establishment is indispensable, the environment and living conditions therein shall be as close as possible to those of the normal life of a person of his or her age.”

Link:

Declaration on the Rights of Disabled Persons

http://www2.ohchr.org/english/law/res3447.htm

Vancouver Declaration on Human Settlements (1976)

The Vancouver Declaration on Human Settlements was adopted by the UN Conference on Human Settlements in 1976.

Section III (Guidelines for Action) provides:

“8. Adequate shelter and services are a basic human right which places an obligation on Governments to ensure their attainment by all people, beginning with direct assistance to the least advantaged through guided programmes of self-help and community action. Governments should endeavour to remove all impediments hindering attainments of these goals. or special importance is the elimination of social and racial segregation, inter alia, through the creation of better balanced communities, which blend different social groups, occupation, housing and amenities.”

Chapter II (A.3) provides:

“The ideologies of States are reflected in their human settlement policies. These being powerful instruments for change, they must not be used to dispossess people from their homes or land or to entrench privilege and exploitation. The human settlement policies must be in conformity with the declaration of principles and the Universal Declaration of Human Rights.”

Link:

Vancouver Declaration on Human Settlements

http://www.unhabitat.org/downloads/docs/924_21239_The_Vancouver_Declaration.pdf

Declaration on Race and Racial Prejudice (1978)

The Declaration on Race and Racial Prejudice was adopted and proclaimed by the General Conference of the United Nations Educational, Scientific and Cultural Organization (UNESCO) on 27 November 1978.

Article 9 provides:

“2. Special measures must be taken to ensure equality in dignity and rights for individuals and groups wherever necessary, while ensuring that they are not such as to appear racially discriminatory. In this respect, particular attention should be paid to racial or ethnic groups which are socially or economically disadvantaged, so as to afford them, on a completely equal footing and without discrimination or restriction, the protection of the laws and regulations and the advantages of the social measures in force, in particular in regard to housing, employment and health; to respect the authenticity of their culture and values; and to facilitate their social and occupational advancement, especially through education.”

Link:

Declaration on Race and Racial Prejudice

http://www2.ohchr.org/english/law/race.htm

ILO Recommendation No. 162 concerning Older Workers (1980)

The ILO Recommendation No. 162 concerning Older Workers was adopted by the General Conference of the International Labour Organisation on 23 June 1980.

Part II (Equality of Opportunity and Treatment), proviodes:

“5. Older workers should, without discrimination by reason of their age, enjoy equality of opportunity and treatment with other workers as regards, in particular–

Older workers should, without discrimination by reason of their age, enjoy equality of opportunity and treatment with older workers as regards, in particular…(g) access to housing, social services and health institutions, in particular when this access is related to occupational activity or employment.”

Link:

R162 Older Workers Recommendation

http://www.ilo.org/ilolex/cgi-lex/convde.pl?R162

Declaration on the Right to Development (1986)

The Declaration on the Right to Development was adopted by UNGA resolution 41/128 on 4 December 1986.

Article 8 provides:

“1. States should undertake, at the national level, all necessary measures for the realization of the right to development and shall ensure, inter alia , equality of opportunity for all in their access to basic resources, education, health services, food, housing, employment and the fair distribution of income. Effective measures should be undertaken to ensure that women have an active role in the development process. Appropriate economic and social reforms should be carried out with a view to eradicating all social injustices.”

Link:

Declaration on the Right to Development

http://www2.ohchr.org/english/law/rtd.htm