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[[File:Stop desnonaments.png|thumb|Logo of the Plataforma d'Afectats per la Hipoteca, a [[Catalonia|Catalan]] housing rights [[advocacy]] group, which means "Stop Evictions"]]
{{housing}}
{{Rights}}
The '''right to housing''' (occasionally '''right to shelter'''<ref>{{Cite journal |last=Mishra |first=Prafulla C. |date=1998 |title=Right to Shelter: A Human Richt Perspective |url=https://www.jstor.org/stable/43953319 |journal=Journal of the Indian Law Institute |volume=40 |issue=1/4 |pages=230–242 |jstor=43953319 |issn=0019-5731}}</ref>) is the [[economic, social and cultural right]] to adequate [[house|housing]] and [[shelter (building)|shelter]]. It is recognized in some [[Economic, social and cultural rights#National constitutions|national constitutions]] and in the [[Universal Declaration of Human Rights]] and [[International Covenant on Economic, Social and Cultural Rights]].<ref name="Edgar2002" /> 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; [[Affordable housing|affordability]]; location and cultural adequacy.<ref name=":3" />
The [[United Nations|UN]] Human Settlement Programme which promotes the right to housing in cooperation with the Office of the High [[Commissioner for Human Rights|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.<ref name="Edgar2002" />
At least 84 states make an explicit reference to housing rights in their constitutions.<ref>{{Cite journal |last=Pattillo |first=Mary |date=2024 |title=Housing as a Right |url=https://www.tandfonline.com/doi/full/10.1080/01944363.2024.2386911 |journal=Journal of the American Planning Association |language=en |doi=10.1080/01944363.2024.2386911 |issn=0194-4363}}</ref>
== Definition ==
[[File:Homeless sleeping on Paulista Avenue, São Paulo city, Brazil.jpg|thumb|262x262px|Homeless sleeping on Paulista Avenue, [[São Paulo
[[File:
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]].<ref name="Edgar2002">{{Cite book| last = Edgar| first = Bill |author2=Doherty, Joe |author3=Meert, Henk| title = Access to housing: homelessness and vulnerability in Europe| publisher = [[The Policy Press]]| year = 2002| pages = 17| url = https://books.google.com/books?id=pxFjtTWFJlYC&q=right+to+housing+human+rights| isbn = 978-1-86134-482-3}}</ref>
It states that
{{Cquote|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.}}
[[File:Sleeping, homeless children - Jacob Riis.jpg|thumb|262x262px|Sleeping, homeless children in early 20th-century New York City taken by Jacob Riis
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]].<ref name="Edgar2002" />
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|access-date=December 20, 2014}}</ref> The general comment provides an authoritative interpretation of the right to housing in legal terms under [[international law]].<ref name="Edgar2002" />
[[The Yogyakarta Principles]] on the application of international human rights law in relation to [[sexual orientation]] and [[gender identity]] affirm that:<ref>The Yogyakarta Principles, Principle 15. The Right to Adequate Housing</ref><blockquote>Everyone has the right to adequate housing, including protection from [[eviction]], without [[Housing discrimination|discrimination]] and that States shall a) take all necessary legislative, administrative and other measures to ensure security of tenure and access to [[Affordable housing|affordable]], habitable, accessible, culturally appropriate and safe housing, not including shelters and other
== UN Habitat ==
[[File:UN Habitat Logo Simple.svg|thumb|right|The simplified logo of UN Habitat]]
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
== Implementations ==
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=== South Africa ===
One of the seven focus areas
In [[South Africa]], section 26 of [[Chapter Two of the Constitution of South Africa|Chapter Two of the Constitution]] establishes that
▲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.
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.<ref>{{cite web|title=Quality of Life Overview - South Africa|url=https://www.rightstracker.org/country/ZAF?iso=SGP|website=Rights Tracker|publisher=Human Rights Measurement Initiative|access-date=4 May 2023}}</ref>
▲ 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|Constitutional Court]] in Government of the [[South Africa|Republic of South Africa]] and Others v [[Government of the Republic of South Africa v Grootboom|Grootboom]] and Others 2001 (1) SA 46 (CC)<ref>{{Cite web |title=Legal case in South Africa |url=https://www.researchgate.net/publication/313220446_A_Closer_Look_at_the_Right_to_Have_Access_to_Adequate_Housing_for_Inhabitants_of_Informal_Settlements_Post_Grootboom |website=Researchgate}}</ref>
▲In [[South Africa]], section 26 of [[Chapter Two of the Constitution of South Africa|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),<ref>http://www.thehda.co.za/uploads/files/HDA_South_Africa_Report_lr.pdf {{Bare URL PDF|date=March 2022}}</ref> while it is estimated that around 200,000 are [[Homelessness|homeless]] or living on the streets (2015 data).<ref>{{Cite web|url=https://wp.wpi.edu/capetown/projects/p2015/service-dining-rooms/background/homelessness-in-south-africa/|title=Homelessness in South Africa|website=wp.wpi.edu|access-date=2019-06-19}}</ref>
=== United States ===
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{{further|Subsidized housing in the United States}}
Most [[jurisdictions]] in the [[United States]] have no right to shelter. One exception is [[Massachusetts]], where [[Family|families]] (but not homeless individuals) do have the right to shelter.<ref>
===Nigeria===
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".<ref name=":0" /> It further stated in section 44 that
The housing conditions of people in Nigeria falls short of the international human rights law and standards, particularly vulnerable groups such as women, [[Indigenous peoples|indigenous people]], [[LGBT
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.<ref>{{cite web|title=Quality of Life Overview - Nigeria|url=https://www.rightstracker.org/country/NGA?iso=USA&tab=report-esr|website=Rights Tracker|publisher=Human Rights Measurement Initiative|access-date=4 May 2023}}</ref>
== See also ==
* [[Civil Rights Act of 1968]] – U.S. legislation which includes the Fair Housing Act
* [[Housing Benefit]]▼
* [[Housing estate]]▼
* [[Public housing]]▼
* [[Section 8 (housing)|Section 8]]
▲* [[Housing gap]]
▲* [[Public housing]]
* [[Subsidized housing]]
▲* [[Housing estate]]
▲* [[Housing Benefit]]
▲* [[Housing discrimination]]
==References==
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==External links==
* [https://www.ohchr.org/en/issues/housing/pages/housingindex.aspx Special Rapporteur on adequate housing as a component of the right to an adequate standard of living], UN
** [https://web.archive.org/web/20120107025607/http://internal-displacement.org/8025708F004BE3B1/(httpInfoFiles)/C90EE08CC6A733ABC12574C00049C81D/$file/G0810545.pdf Report to UN HRC, 2008. A/HRC/7/16]
** [
* [https://web.archive.org/web/20090204190911/http://www2.ohchr.org/english/issues/housing/standards.htm International standards of the right to housing]
* [http://www.ohchr.org/Documents/Publications/HousingRightsen.pdf Housing Rights Legislation: Review of International and National Legal Instruments]
* CESCR General comments:
** [https://resourcingrights.org/en/document/9c55otxgab9jyodmjwgdnuq5mi?page=1 The right to adequate housing (Art.11 (1)). CESCR General comment 4], 1991
** [https://resourcingrights.org/en/document/12lts2p23ud2sqq274e1z1714i?page=1 The right to adequate housing (Art.11.1): forced evictions. CESCR General comment 7], 1997
* [http://www.ohchr.org/Documents/Publications/FS21_rev_1_Housing_en.pdf Factsheet on right to housing], UN
* CoE Commissioner for Human Rights:
** [https://rm.coe.int/16806da713 Recommendation on the implementation of the right to housing], 2009
** [https://rm.coe.int/16806da793 Housing Rights: The Duty to Ensure Housing for All], 2008
** [https://web.archive.org/web/20090214143817/http://www.coe.int/t/commissioner/Viewpoints/071029_en.asp "No one should have to be homeless – adequate housing is a right"], 2007
* [http://www.coe.int/t/dghl/monitoring/socialcharter/Digest/DigestSept2008_en.pdf Interpretation and application of Article 31 of RESC]//Digest of the Case Law of the European Committee on Social Rights, 2008. pp. 169–173, 349—355
* [https://web.archive.org/web/20090616123311/http://www.cetim.ch/en/publications_logement.php Right to Housing] Geneva: CETIM, 2007.
* [https://www.cbc.ca/radio/sunday/the-sunday-edition-for-january-26-2020-1.5429251/housing-is-a-human-right-how-finland-is-eradicating-homelessness-1.5437402 Housing is a human right: How Finland is eradicating homelessness]. [[Canadian Broadcasting Corporation]] (CBC). Published 24 January 2020.
{{Particular human rights}}{{Homelessness}}
[[Category:Right to housing| ]]
[[Category:Housing]]
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