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SOCIAL POLICY<br />

policy <strong>information</strong> document B<br />

THE RIGHT TO HOME: INTERNATIONAL<br />

LEGAL RESOURCES ON HOUSING RIGHTS<br />

everyone has a right to a place they can call home


Policy Submissions<br />

This document sets out the<br />

international legal resources on<br />

housing rights that provide the<br />

basis of <strong>Focus</strong> <strong>Ireland</strong>’s demand<br />

that a right to housing be<br />

established under law in <strong>Ireland</strong>.<br />

Housing rights are entrenched in a number of international<br />

human rights instruments. The legal resources listed below<br />

— declarations, covenants and conventions — together form<br />

the body of international law recognising housing rights. In<br />

legal terms, the most powerful documents are called<br />

conventions, covenants or charters. They are legally binding<br />

treaties. Declarations and recommendations are also of vital<br />

importance, but are accorded less legal weight than<br />

conventions, covenants and charters. Here we have gat<strong>here</strong>d<br />

relevant excerpts from the following:<br />

United Nations:<br />

1. Universal Declaration of Human Rights.<br />

2. International Covenant on Economic, Social and<br />

Cultural Rights.<br />

3. Convention on the Elimination of All Forms of<br />

Racial Discrimination.<br />

4. Convention on the Elimination of All Forms of<br />

Discrimination Against Women.<br />

5. Convention on the Rights of the Child.<br />

European Union<br />

6. European Convention on Human Rights and<br />

Fundamental Freedoms.<br />

7. European Social Charter.<br />

UNITED NATIONS (UN)<br />

The Universal Declaration of Human Rights (UDHR)<br />

The Universal Declaration of Human Rights is the first<br />

major international agreement on human rights. It is<br />

considered to have been the inspiration to all subsequent<br />

human rights treaties. It is also the first human rights<br />

standard to recognise housing rights. Adopted and<br />

proclaimed by the General Assembly on 10 December<br />

1948, Article 25 of the UDHR enshrines a specific right for<br />

everyone to adequate housing:<br />

Article 25. Everyone has the right to a standard living<br />

adequate for the health and well-being of himself and of<br />

his family, including food, clothing, housing and medical<br />

care and necessary social services, and the right to<br />

security in the event of unemployment, sickness,<br />

disability, widowhood, old age or other lack of livelihood<br />

in circumstances beyond his control.<br />

International Covenant on Economic, Social and<br />

Cultural Rights (ICESCR)<br />

At the international level, the most significant articulation<br />

of the right to housing is found in the International<br />

Covenant on Economic, Social and Cultural Rights<br />

(ICESCR). The ICESCR became law on 3 January 1976 and<br />

is now legally binding on more than 140 countries. The<br />

right to adequate housing is found in article 11(1). This is<br />

the most legally significant universal codification provision<br />

recognising <strong>this</strong> right and has been subject to the greatest<br />

analysis, application and interpretation of all international<br />

legal sources of housing rights. Although the Covenant<br />

recognises the right to housing as a part of the larger right<br />

to an adequate standard of living, under international<br />

human rights law the right to adequate housing is<br />

understood as an independent or free-standing right. The<br />

Committee on Economic, Social and Cultural Rights<br />

(CESCR) is responsible for monitoring State party<br />

compliance with the Covenant.<br />

Article 11(1). The State parties to the present Covenant<br />

recognize the right of everyone to an adequate standard<br />

of living for himself and for his family, including<br />

adequate food, clothing and housing, and to the<br />

continuous improvement of living conditions. The<br />

States Parties will take appropriate steps to ensure the<br />

realisation of <strong>this</strong> right, recognising to <strong>this</strong> effect the<br />

essential importance of international co-operation based<br />

on free consent.


Convention on the Elimination of All Forms of<br />

Racial Discrimination (CERD)<br />

The Convention on the Elimination of All Forms of Racial<br />

Discrimination became law on 4 January 1969 and is<br />

currently legally binding on 158 countries. The UN Committee<br />

on the Elimination of All Forms of Racial Discrimination<br />

(CERD) monitors compliance with the Convention.<br />

Article 5(e)(iii). In compliance with the fundamental<br />

obligations laid down in article 2 of <strong>this</strong> Convention,<br />

State Parties undertake to prohibit and eliminate racial<br />

discrimination in all of its forma and to guarantee the<br />

right of everyone, without distinction as to race, colour,<br />

or national or ethnic origin to equality before the law,<br />

notability in the enjoyment of the following rights:…(e)<br />

in particular…(iii) the right to housing.<br />

Convention on the Elimination of All Forms of<br />

Discrimination Against Women (CEDAW)<br />

The Convention on the Elimination of All Forms of<br />

Discrimination Against Women (CEDAW) became law on 3<br />

September 1981 and is now legally binding on 163<br />

countries. The UN Committee on the Elimination of All<br />

Forms of Discrimination Against Women monitors State<br />

party compliance with the Convention.<br />

Article 14(2)(h). State Parties shall take all appropriate<br />

measures to eliminate discrimination against women in<br />

rural areas in order to ensure, on a basis of equality of<br />

men and women, that they participate in and benefit<br />

from rural development and, in particular, shall ensure<br />

to such women the right…(h) to enjoy adequate living<br />

conditions, particularly in relation to housing, sanitation,<br />

electricity and water supply, transport and<br />

communications.<br />

Convention on the Rights of the Child (CRC)<br />

The Convention on the Rights of the Child became law on 2<br />

September 1990 and is now legally binding on 191<br />

countries. The Committee on the Rights of the Child<br />

monitors State party compliance with the Convention.<br />

Article 27(3). State Parties in accordance with national<br />

conditions and within their means shall take<br />

appropriate measure to assist parents and others<br />

responsible for the child to implement <strong>this</strong> right and<br />

shall in the case of need provide material assistance<br />

and support programmes, particularly with regards to<br />

nutrition, clothing and housing.<br />

EUROPEAN UNION (EU)<br />

European Convention on Human Rights and<br />

Fundamental Freedoms (ECHR)<br />

T<strong>here</strong> are 41 State parties to the Convention. 38 countries<br />

have ratified the Protocol No.1. Thirty-one countries have<br />

ratified Protocol No. 4. Individual and group complaints<br />

alleging violations of the ECHR can be submitted to the<br />

European Court of Human Rights and Fundamental Freedoms.<br />

Article 8(1) states:<br />

Everyone has the right to respect for his private and family<br />

life, his home and his correspondence.<br />

Article 1 of Protocol No. 1 of the ECHR states:<br />

1(1) Every natural or legal person is entitled to the<br />

peaceful enjoyment of his possessions. No one shall be<br />

deprived of his possessions except in the public interest<br />

and subject to the conditions provided for by law and<br />

by the general principles of international law.<br />

1(2) The preceding provisions shall not, however, in any<br />

way impair the right of a State to enforce such laws as<br />

it deems necessary to control the use of property in<br />

accordance with the general interest or to secure the<br />

payment of taxes or other contributions or penalties.<br />

Article 2(1) of Protocol No. 4 of the ECHR states:<br />

2(1) Everyone lawfully within the territory of a State<br />

shall, within that territory, have the right to liberty of<br />

movement and freedom to choose his residence.<br />

European Social Charter<br />

The European Social Charter was adopted in 1961 and<br />

then revised and amended in 1996 to include Article 31 on<br />

housing rights. State compliance with <strong>this</strong> Charter is<br />

monitored by the European Committee of Independent<br />

Experts. Housing rights provisions are also found in articles<br />

16 and 19(4) of the Charter and within article 4 of the<br />

Additional Protocol to the Charter.<br />

Article 31 — The right to housing<br />

With a view to ensuring the effective exercise of the right to<br />

housing, the Parties undertake measures designed:<br />

• to promote access to housing of an adequate standard;<br />

• to prevent and reduce homelessness with a view to it’s<br />

gradual elimination;<br />

• to make the price of housing accessible to those<br />

without adequate resources.<br />

www.focusireland.org


<strong>Focus</strong> <strong>Ireland</strong>, 9-12 High Street, Dublin 8<br />

Tel: 01 8815900 Fax: 01 8815950<br />

www.focusireland.ie email: info@focusireland.ie

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