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SOCIAL POLICY
policy information document B
THE RIGHT TO HOME: INTERNATIONAL
LEGAL RESOURCES ON HOUSING RIGHTS
everyone has a right to a place they can call home

Policy Submissions
This document sets out the
international legal resources on
housing rights that provide the
basis of Focus Ireland’s demand
that a right to housing be
established under law in Ireland.
Housing rights are entrenched in a number of international
human rights instruments. The legal resources listed below
— declarations, covenants and conventions — together form
the body of international law recognising housing rights. In
legal terms, the most powerful documents are called
conventions, covenants or charters. They are legally binding
treaties. Declarations and recommendations are also of vital
importance, but are accorded less legal weight than
conventions, covenants and charters. Here we have gathered
relevant excerpts from the following:
United Nations:
1. Universal Declaration of Human Rights.
2. International Covenant on Economic, Social and
Cultural Rights.
3. Convention on the Elimination of All Forms of
Racial Discrimination.
4. Convention on the Elimination of All Forms of
Discrimination Against Women.
5. Convention on the Rights of the Child.
European Union
6. European Convention on Human Rights and
Fundamental Freedoms.
7. European Social Charter.
UNITED NATIONS (UN)
The Universal Declaration of Human Rights (UDHR)
The Universal Declaration of Human Rights is the first
major international agreement on human rights. It is
considered to have been the inspiration to all subsequent
human rights treaties. It is also the first human rights
standard to recognise housing rights. Adopted and
proclaimed by the General Assembly on 10 December
1948, Article 25 of the UDHR enshrines a specific right for
everyone to adequate housing:
Article 25. 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.
International Covenant on Economic, Social and
Cultural Rights (ICESCR)
At the international level, the most significant articulation
of the right to housing is found in the International
Covenant on Economic, Social and Cultural Rights
(ICESCR). The ICESCR became law on 3 January 1976 and
is now legally binding on more than 140 countries. The
right to adequate housing is found in article 11(1). This is
the most legally significant universal codification provision
recognising this right and has been subject to the greatest
analysis, application and interpretation of all international
legal sources of housing rights. Although the Covenant
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). 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
realisation of this right, recognising to this effect the
essential importance of international co-operation based
on free consent.

Convention on the Elimination of All Forms of
Racial Discrimination (CERD)
The Convention on the Elimination of All Forms of Racial
Discrimination became law on 4 January 1969 and is
currently legally binding on 158 countries. The UN Committee
on the Elimination of All Forms of Racial Discrimination
(CERD) monitors compliance with the Convention.
Article 5(e)(iii). In compliance with the fundamental
obligations laid down in article 2 of this Convention,
State Parties undertake to prohibit and eliminate racial
discrimination in all of its forma and to guarantee the
right of everyone, without distinction as to race, colour,
or national or ethnic origin to equality before the law,
notability in the enjoyment of the following rights:…(e)
in particular…(iii) the right to housing.
Convention on the Elimination of All Forms of
Discrimination Against Women (CEDAW)
The Convention on the Elimination of All Forms of
Discrimination Against Women (CEDAW) became law on 3
September 1981 and is now legally binding on 163
countries. The UN Committee on the Elimination of All
Forms of Discrimination Against Women monitors State
party compliance with the Convention.
Article 14(2)(h). State 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.
Convention on the Rights of the Child (CRC)
The Convention on the Rights of the Child became law on 2
September 1990 and is now legally binding on 191
countries. The Committee on the Rights of the Child
monitors State party compliance with the Convention.
Article 27(3). 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.
EUROPEAN UNION (EU)
European Convention on Human Rights and
Fundamental Freedoms (ECHR)
There are 41 State parties to the Convention. 38 countries
have ratified the Protocol No.1. Thirty-one countries have
ratified Protocol No. 4. Individual and group complaints
alleging violations of the ECHR can be submitted to the
European Court of Human Rights and Fundamental Freedoms.
Article 8(1) states:
Everyone has the right to respect for his private and family
life, his home and his correspondence.
Article 1 of Protocol No. 1 of the ECHR states:
1(1) Every natural or legal person is entitled to the
peaceful enjoyment of his possessions. No one shall be
deprived of his possessions except in the public interest
and subject to the conditions provided for by law and
by the general principles of international law.
1(2) The preceding provisions shall not, however, in any
way impair the right of a State to enforce such laws as
it deems necessary to control the use of property in
accordance with the general interest or to secure the
payment of taxes or other contributions or penalties.
Article 2(1) of Protocol No. 4 of the ECHR states:
2(1) Everyone lawfully within the territory of a State
shall, within that territory, have the right to liberty of
movement and freedom to choose his residence.
European Social Charter
The European Social Charter was adopted in 1961 and
then revised and amended in 1996 to include Article 31 on
housing rights. State compliance with this Charter is
monitored by the European Committee of Independent
Experts. Housing rights provisions are also found in articles
16 and 19(4) of the Charter and within article 4 of the
Additional Protocol to the Charter.
Article 31 — The right to housing
With a view to ensuring the effective exercise of the right to
housing, the Parties undertake measures designed:
• to promote access to housing of an adequate standard;
• to prevent and reduce homelessness with a view to it’s
gradual elimination;
• to make the price of housing accessible to those
without adequate resources.
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