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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"]]
[[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}}
{{housing}}
{{Rights}}
The '''right to housing''' 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]].
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" />
The [[Human rights|Human Rights]] [[Measurement]] Initiative<ref>{{Cite web |title=Human Rights Measurement Initiative – The first global initiative to track the human rights performance of countries |url=https://humanrightsmeasurement.org/ |access-date=2022-03-09 |website=humanrightsmeasurement.org}}</ref> measures the right to housing for [[Country|countries]] around the world, based on their level of income.<ref>{{Cite web |title=Right to housing - HRMI Rights Tracker |url=https://rightstracker.org/ |access-date=2022-03-09 |website=rightstracker.org |language=en}}</ref>

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 ==
== Definition ==
[[File:Homeless sleeping on Paulista Avenue, São Paulo city, Brazil.jpg|thumb|262x262px|Homeless sleeping on Paulista Avenue, São Paulo city, Brazil.]]
[[File:Homeless sleeping on Paulista Avenue, São Paulo city, Brazil.jpg|thumb|262x262px|Homeless sleeping on Paulista Avenue, [[São Paulo]], Brazil]]
[[File:Housing_Is_A_Human_Right.jpg|thumb|Housing Is A Human Right.]]
[[File:Housing Is A Human Right.jpg|thumb|"Housing Is A Human Right"]]
The right to housing is recognized in a number of [[international human rights instruments]]. Article 25 of the [[Universal Declaration of Human Rights]] recognises 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>
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;
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.}}
{{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.]]
[[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" />
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" />
|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 [[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 [[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 [[Eviction|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.</blockquote>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]].<ref>[http://www.serac.org/African%20Commn%20Communication%20and%20Decision.doc ACHR decision in case SERAC v. Nigeria - see para. 60 (p. 25)] {{webarchive|url=https://www.webcitation.org/68Cljyd8C?url=http://www.serac.org/African%20Commn%20Communication%20and%20Decision.doc |date=2012-06-05 }}</ref> 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.<ref>[http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/469f4d91a9378221c12563ed0053547e?Opendocument The right to adequate housing (Art.11 (1)). CESCR General comment 4 - see para. 8]</ref> As a political goal, right to housing was declared in F. D. Roosevelt's 1944 speech on the [[Second Bill of Rights]].
[[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 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 [[eviction]]s 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.</blockquote>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]].<ref>[http://www.serac.org/African%20Commn%20Communication%20and%20Decision.doc ACHR decision in case SERAC v. Nigeria see para. 60 (p. 25)] {{webarchive|url=https://web.archive.org/web/20120220054818/http://www.serac.org/African%20Commn%20Communication%20and%20Decision.doc |date=2012-02-20 }}</ref> According to UN Committee on Economic, Social and Cultural Rights, aspects of right to housing under [[International Covenant on Economic, Social and Cultural Rights|ICESCR]] include: legal security of [[tenure]]; availability of services, materials, facilities and infrastructure; affordability; habitability; accessibility; location and cultural adequacy.<ref name=":3">[http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/469f4d91a9378221c12563ed0053547e?Opendocument The right to adequate housing (Art.11 (1)). CESCR General comment 4 see para. 8]</ref> As a political goal, right to housing was declared in F. D. Roosevelt's 1944 speech on the [[Second Bill of Rights]].

The [https://www.uni-bremen.de/jura/tenlaw-tenancy-law-and-housing-policy-in-multi-level-europe TENLAW]project provided a more efficient opportunity to international and [[interdisciplinary]] research in the housing and property field. It created the first housing chair at the University Rovira i Virgili (Spain) on July 11, 2013, which opened up possibilities for [[research]] and [[dissemination]] in this area.<ref>{{Cite web|url=http://sior.ub.edu/jspui/cris/socialimpact/socialimpact00553|title=Providing a more efficent [sic&#93; opportunity to international and interdisciplinary research in the housing and property field. [Social Impact]. TENLAW. Tenancy Law and Housing Policy in Multi-level Europe (2012-2015). Framework Programme 7 (FP7)|website=SIOR, Social Impact Open Repository}}</ref>


== UN Habitat ==
== UN Habitat ==
[[File:UN Habitat Logo Simple.svg|thumb|right|The simplified logo of 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 [[programme]] is the most important international [[forum]]{{disambiguation needed|date=March 2022}} for the right to housing. It is tasked with promoting housing rights, through awareness campaigns, and to develop [[benchmarking|benchmarks]] and monitoring systems.<ref name="Edgar2002" />
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 [[benchmarking|benchmarks]] and monitoring systems.<ref name="Edgar2002" />


== Implementations ==
== Implementations ==
{{Expand section|date=January 2019}}
{{Expand section|date=January 2019}}

=== Canada ===
The [https://www.canada.ca/en/immigration-refugees-citizenship/corporate/transparency/committees/cow-jun-10-2021/national-housing-strategy.html National Housing Strategy] (NHS) introduced on November 22, 2017, promised rights-based [[legislation]] to implement the government’s commitment to the progressive implementation of the right to housing, as guaranteed in the International Covenant on Economic, Social and Cultural Rights. That promised legislation, the National Housing Strategy Act, received Royal Assent on June 21, 2019. After the NHS Act was first introduced in late 2017, on August 14, 2018, advocates released an open letter to [[Prime minister|Prime Minister]] [[Justin Trudeau]], signed by over 170 organizations and prominent Canadians (totaling 1,100 signatories), urging him to enshrine the right to housing in the Act. On April 8, 2019 the NHS Act was introduced in the [[Budget]] Implementation Act, 2019 (Bill C-97). The legislation, as first introduced affirmed a commitment to the progressive realization of the right to housing as recognized under international human rights law, requires that future governments adopt and maintain a national housing strategy, and established a National Housing Council and federal Housing Advocate. It lacked, however, any meaningful [[accountability]] for the commitment to the right to housing and didn’t provide for hearings.<ref>{{Cite web |title=NRHN - Right to Housing Legislation in Canada |url=https://housingrights.ca/right-to-housing-legislation-in-canada/ |access-date=2022-02-28 |language=en}}</ref> In [[Canada]], the right to housing became law with the passage of the National Housing Strategy Act<ref>{{Cite web|url=https://chra-achru.ca/blog_article/right-to-housing-is-now-law-in-canada-so-now-what-2/|title=Right to Housing is Now Law in Canada: So Now What? – Canadian Housing & Renewal Association}}</ref> on June 21, 2019. The law came into force on July 9, 2019.<ref>{{Cite web|url=https://laws-lois.justice.gc.ca/eng/acts/N-11.2/FullText.html|title = Consolidated federal laws of canada, National Housing Strategy Act|date = 9 July 2019}}</ref><ref name="Edgar2002" />


=== South Africa ===
=== South Africa ===


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.
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>

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 |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>

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>


=== United States ===
=== United States ===
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{{further|Subsidized housing in the United States}}
{{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>{{Cite web|url=https://chimassachusetts.com/individual-homelessness/right-to-shelter-in-massachusetts/|title="Right to Shelter" in Massachusetts|date=18 December 2014}}</ref> In [[California]], runaway children have the right to be admitted to emergency shelters without parental consent.<ref>[https://rhyclearinghouse.acf.hhs.gov/library/2014/handbook-californias-right-shelter-law A Handbook on California's "Right to Shelter Law"]</ref> [[New York City]] also recognizes a right to emergency shelter.<ref>[https://www.nytimes.com/2016/05/24/opinion/a-right-to-shelter-in-new-york.html A Right to Shelter in New York]</ref>
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>[https://www.wwlp.com/news/massachusetts/who-is-eligible-under-right-to-shelter "Who is eligible under right to shelter"]"</ref> In [[California]], runaway children have the right to be admitted to emergency shelters without [[parental consent]].<ref>[https://rhyclearinghouse.acf.hhs.gov/library/2014/handbook-californias-right-shelter-law A Handbook on California's "Right to Shelter Law"]</ref> [[New York City]] also recognizes a right to emergency shelter, established in the 1981 consent decree for ''[[Callahan v. Carey]]''.<ref>{{cite web |title=Opinion {{!}} A Right to Shelter in New York (Published 2016) |website=[[The New York Times]] |archive-url=https://web.archive.org/web/20230430135611/https://www.nytimes.com/2016/05/24/opinion/a-right-to-shelter-in-new-york.html |archive-date=2023-04-30 |url-status=live |url=https://www.nytimes.com/2016/05/24/opinion/a-right-to-shelter-in-new-york.html}}</ref>


===Nigeria===
===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 ‘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 benefits|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-in-place|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]].<ref name=":0">{{Cite web |title=(PDF) Fundamental Right To Property And Right To Housing In Nigeria- A Discourse. |url=https://www.researchgate.net/publication/269874662_Fundamental_Right_To_Property_And_Right_To_Housing_In_Nigeria-_A_Discourse |access-date=2022-03-05 |website=ResearchGate |language=en}}</ref><ref name=":1">{{Cite journal |last=Emeka Chegwe |date=March 2014 |title=The right to housing in the context of Nigerian law and human rights practice |url=https://www.researchgate.net/publication/270536775_The_right_to_housing_in_the_context_of_Nigerian_law_and_human_rights_practice |journal=Acta Juridica Hungarica |volume=55(1) |pages=21–37 |via=Researchgate}}</ref>
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 '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 benefits|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-in-place|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]].<ref name=":0">{{Cite web |title=Fundamental Right To Property And Right To Housing In Nigeria A Discourse |url=https://www.researchgate.net/publication/269874662 |access-date=2022-03-05 |website=ResearchGate |language=en}}</ref><ref name=":1">{{Cite journal |last=Emeka Chegwe |date=March 2014 |title=The right to housing in the context of Nigerian law and human rights practice |url=https://www.researchgate.net/publication/270536775 |journal=Acta Juridica Hungarica |volume=55 |issue=1 |pages=21–37 |doi=10.1556/AJur.55.2014.1.2 |via=Researchgate|doi-access=free }}</ref> Additionally, Section 6(6) (c) of the constitution declared the Fundamental Objectives and Directive Principles non-justiciable.<ref name=":1" />
Additionally, Section 6(6) (c) of the constitution declared the Fundamental Objectives and Directive Principles non-justiciable.<ref name=":1" />


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, [[LGBT|LGBTQ]], internally displaced persons and People Living with Disability (PLW) in the rural settings of Abuja, [[Lagos]] and [[Port Harcourt]].<ref name=":2">{{Cite web |title=OHCHR {{!}} Visit to the Republic of Nigeria by Ms. Leilani Farha, Special Rapporteur on adequate housing as a component of the right to an adequate standard of living, and on the right to non-discrimination in this context |url=https://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=25033&LangID=E |access-date=2022-03-05 |website=www.ohchr.org}}</ref> In 2014, [[World Health Organization|WHO]] and [[UNICEF]] stated that 69% of the urban population of Nigeria were living in [[Slums in Metro Manila|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.<ref name=":2" /> 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 State|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 law|Landlord-Tenant]] relations, with regulation laws poorly enforced.<ref name=":2" />
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]]Q, internally displaced persons and people living with disability (PLW) in the rural settings of [[Abuja]], [[Lagos]] and [[Port Harcourt]].<ref name=":2">{{Cite web |title=OHCHR {{!}} Visit to the Republic of Nigeria by Ms. Leilani Farha, Special Rapporteur on adequate housing as a component of the right to an adequate standard of living, and on the right to non-discrimination in this context |url=https://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=25033&LangID=E |access-date=2022-03-05 |website=www.ohchr.org}}</ref> In 2014, [[World Health Organization|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 road]]s. 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.<ref name=":2" /> According to the [[Federal Mortgage Bank of Nigeria]], there was a deficit of 22 million housing units in 2019. The [[Lagos State|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 State|Kano]]. Generally, private market housing can only be affordable by a few. There is [[Scarcity|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 law|landlord–tenant]] relations, with regulation laws poorly enforced.<ref name=":2" />

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 ==
== See also ==
* [[Civil Rights Act of 1968]] – U.S. legislation which includes the Fair Housing Act
* [[Section 8 (housing)|Section 8]]
* [[Affordable housing]]
* [[Housing Benefit]]
* [[Housing gap]]
* [[Housing estate]]
* [[Housing First]]
* [[Housing crisis]]
* [[Public housing]]
* [[Public housing]]
* [[Section 8 (housing)|Section 8]]
* [[Subsidized housing]]
* [[Subsidized housing]]
* [[Housing estate]]
* [[Slums]]
* [[Homelessness]]
* [[Economic, social and cultural rights]]
* [[Housing Benefit]]
* [[Housing discrimination]]
* [[Constitution of Mexico]]


==References==
==References==
Line 77: Line 78:


==External links==
==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://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/$file/G0810545.pdf Report to UN HRC, 2008. A/HRC/7/16]
** [https://web.archive.org/web/20120107025607/http://internal-displacement.org/8025708F004BE3B1/(httpInfoFiles)/C90EE08CC6A733ABC12574C00049C81D/$file/G0810545.pdf Report to UN HRC, 2008. A/HRC/7/16]
**[http://www2.ohchr.org/english/bodies/hrcouncil/docs/13session/A-HRC-13-20.pdf REport to UN HRC, 2009. A/HRC/13/20]
** [https://www2.ohchr.org/english/bodies/hrcouncil/docs/13session/A-HRC-13-20.pdf Report to UN HRC, 2009. A/HRC/13/20]
*[https://web.archive.org/web/20090204190911/http://www2.ohchr.org/english/issues/housing/standards.htm International standards of the right to housing]
* [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]
* [http://www.ohchr.org/Documents/Publications/HousingRightsen.pdf Housing Rights Legislation: Review of International and National Legal Instruments]
*CESCR General comments:
* 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/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
** [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
* [http://www.ohchr.org/Documents/Publications/FS21_rev_1_Housing_en.pdf Factsheet on right to housing], UN
*CoE Commissioner for Human Rights:
* CoE Commissioner for Human Rights:
**[https://rm.coe.int/16806da713 Recommendation on the implementation of the right to housing], 2009
** [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://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
** [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.&nbsp;169–173, 349—355
* [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.&nbsp;169–173, 349—355
*[https://web.archive.org/web/20090616123311/http://www.cetim.ch/en/publications_logement.php Right to Housing] Geneva: CETIM, 2007.<!-- ISBN 2-88053-61-X Invalid ISBN -->
* [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}}
{{Particular human rights}}{{Homelessness}}

{{DEFAULTSORT:Right To Housing}}
[[Category:Right to housing| ]]
[[Category:Right to housing| ]]
[[Category:Housing]]
[[Category:Housing]]

Revision as of 14:19, 4 September 2024

Logo of the Plataforma d'Afectats per la Hipoteca, a Catalan housing rights advocacy group, which means "Stop Evictions"

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]

Definition

Homeless sleeping on Paulista Avenue, São Paulo, Brazil
"Housing Is A Human Right"

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.

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.[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.

UN Habitat

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 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]

Implementations

South Africa

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]

United States

2020 protest against evictions in Minneapolis, Minnesota

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]

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".[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]

See also

References

  1. ^ Mishra, Prafulla C. (1998). "Right to Shelter: A Human Richt Perspective". Journal of the Indian Law Institute. 40 (1/4): 230–242. ISSN 0019-5731. JSTOR 43953319.
  2. ^ a b c d e f Edgar, Bill; Doherty, Joe; Meert, Henk (2002). Access to housing: homelessness and vulnerability in Europe. The Policy Press. p. 17. ISBN 978-1-86134-482-3.
  3. ^ a b The right to adequate housing (Art.11 (1)). CESCR General comment 4 – see para. 8
  4. ^ Pattillo, Mary (2024). "Housing as a Right". Journal of the American Planning Association. doi:10.1080/01944363.2024.2386911. ISSN 0194-4363.
  5. ^ Terminski, Bogumil (2011). "The right to adequate housing in international human rights law: Polish transformation experiences" (PDF). Revista Latinoamericana de Derechos Humanos. 22 (2): 219–241. ISSN 1659-4304. Retrieved December 20, 2014.
  6. ^ The Yogyakarta Principles, Principle 15. The Right to Adequate Housing
  7. ^ ACHR decision in case SERAC v. Nigeria – see para. 60 (p. 25) Archived 2012-02-20 at the Wayback Machine
  8. ^ "Legal case in South Africa". Researchgate.
  9. ^ http://www.thehda.co.za/uploads/files/HDA_South_Africa_Report_lr.pdf [bare URL PDF]
  10. ^ "Homelessness in South Africa". wp.wpi.edu. Retrieved 2019-06-19.
  11. ^ "Quality of Life Overview - South Africa". Rights Tracker. Human Rights Measurement Initiative. Retrieved 4 May 2023.
  12. ^ "Who is eligible under right to shelter""
  13. ^ A Handbook on California's "Right to Shelter Law"
  14. ^ "Opinion | A Right to Shelter in New York (Published 2016)". The New York Times. Archived from the original on 2023-04-30.
  15. ^ a b "Fundamental Right To Property And Right To Housing In Nigeria – A Discourse". ResearchGate. Retrieved 2022-03-05.
  16. ^ a b Emeka Chegwe (March 2014). "The right to housing in the context of Nigerian law and human rights practice". Acta Juridica Hungarica. 55 (1): 21–37. doi:10.1556/AJur.55.2014.1.2 – via Researchgate.
  17. ^ a b c "OHCHR | Visit to the Republic of Nigeria by Ms. Leilani Farha, Special Rapporteur on adequate housing as a component of the right to an adequate standard of living, and on the right to non-discrimination in this context". www.ohchr.org. Retrieved 2022-03-05.
  18. ^ "Quality of Life Overview - Nigeria". Rights Tracker. Human Rights Measurement Initiative. Retrieved 4 May 2023.