Universal-MigrationHRlaw-PG-no-6-Publications-PractitionersGuide-2014-eng

240 | PRACTITIONERS GUIDE No. 6
same applies to the obligation to respect, and in most instances protect,
the existing access to adequate food or means for its procurement. The
right to adequate food implies the availability of “food in quantity and
quality sufficient to satisfy the dietary needs of individuals, free from
adverse substances, and acceptable within a given culture”, and the
accessibility “of such food in ways that are sustainable and that do not
interfere with the enjoyment of other human rights”. 965
The CESCR has emphasised that unjustified discrimination in access to
food, or in means of its procurement, will violate Article 11, 966 and that
States must ensure access to an effective judicial or other appropriate
remedy which can provide reparation, including restitution, compensation,
satisfaction and guarantees of non-repetition, for violations of the
right to food. 967
c) Right to adequate housing
The right to adequate housing 968 is likely to be of particular relevance to
migrants. It is protected as part of the right to an adequate standard of
living in Article 11 ICESCR, and is also expressly protected in a number
of global and regional instruments. It is distinct from civil and political
rights of respect for the home, 969 which are related to the right to respect
for private life, although there is some overlap in protection with
this right. The right to adequate housing, as protected under ESC rights
treaties, establishes a right to adequate shelter and accommodation
and entails duties to respect, protect and fulfil. The right to housing
includes rights to: security of tenure, which requires legal protection
against forced eviction, harassment and other threats; the right to have
adequate housing with facilities essential for health, security, comfort
and nutrition; financial costs associated with housing at such a level
that the attainment and satisfaction of other basic needs are not threatened
or compromised; housing that is habitable, safe, protects from the
elements and from disease and provides adequate space; housing that
is accessible to those entitled to it; and that is located so as to allow
965 Ibid., para. 8.
966 Ibid., para. 18.
967 See, ibid., para. 32.
968 See, Article 11.1 ICESCR; Article 25.1 UDHR; Article 5(e)(iii) ICERD; Article 14.2 CEDAW;
Article 27.3 CRC; Article 28.1 and 28.2(d) CRPD; Article XI ADRDM; Articles 16 and 31
ESC(r); Article 16, Protocol to the ACHPR on the Rights of Womenin Africa; Article 10 of the
Declaration on Social Progress and Development, GA resolution 2542(XXIV), 11 December
1969; section III (8) of the Vancouver Declaration on Human Settlements, 1976 (Report
of Habitat: United Nations Conference on Human Settlements (United Nations publication,
Sales No. E.76.IV.7 and corrigendum); chap. I); Article 8(1), Declaration on the Right to Development,
General Assembly resolution No. 41/128, UN Doc. A/RES/41/128, 4 December
1986; and Workers’ Housing Recommendation (R115), ILO, adopted on 28 June 1961.
969 See, Article 17 ICCPR, Article 8 ECHR, Article IX ADRDM, Article 11 ACHR, Article 10 ACRWC,
Article 12 UDHR.