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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. www.focusireland.org
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