Report - Office of the High Commissioner on Human Rights

Each consultation provides a unique opportunity to listen and learn from participants’ experiences.
Each consultation also brings toge<strong>the</strong>r groups working on violence, gender and housing issues. The
Pacific Consultation is <strong>the</strong> fifth in this series <strong>of</strong> regional consultations.
The previous consultations yielded several positive developments within local women’s and housing
rights movements. The consultation in Latin America led to <strong>the</strong> formation <strong>of</strong> a Latin American network
that has met twice since <strong>the</strong> consultation. (See Annex B for o<strong>the</strong>r methodologies used by <strong>the</strong> SRAH)
2.3 Introduction to <strong>the</strong> Legal Concepts and Framework <strong>of</strong> <strong>the</strong> Human Right to
Adequate Housing
The Special Rapporteur’s approach to analysing women’s housing and land issues is firmly grounded
in <strong>the</strong> human rights framework. Four key tenets <strong>of</strong> this human rights-based approach are:
1. The common heritage <strong>of</strong> humans - This commonality emerges from our common human needs and
dignity, which we all share as human beings, and which we express in our ideas <strong>of</strong> home, society,
and morality,. This forms <strong>the</strong> universal basis <strong>of</strong> human rights;
2. The common language that frames human (and inter-State) discourse and dialogue – Human rights
is <strong>the</strong> language we use to assert our claims; it is <strong>the</strong> language <strong>of</strong> international jurisprudence;
3. The protection <strong>of</strong> people from harm – This requires <strong>the</strong> practical application <strong>of</strong> <strong>the</strong> human rights
framework, which includes using human rights daily in all pr<strong>of</strong>essions and walks <strong>of</strong> life, monitoring
violations, promoting alternative solutions, and ensuring accountability <strong>of</strong> all parties. Human rights
are also remedial and may be invoked in <strong>the</strong> event <strong>of</strong> a violation or impending violation;
4. Tools for building a better community, society and world – Human rights are practical and
preventive. What is codified in <strong>the</strong> law, arising from our human experience and needs, forms <strong>the</strong>
tools and guidance that governments and citizens need in order to incorporate human rights in
<strong>the</strong> formulation <strong>of</strong> policies, legislation and budgets, and to normalise <strong>the</strong> practice <strong>of</strong> freedom and
justice.
The human right to adequate housing is recognised in several international human rights treaties. 7
The most important articulations <strong>of</strong> women’s right to adequate housing are:
International Covenant on Economic Social and Cultural Rights (ICESCR) - Article 11.1;
Art. 11.1 “States parties…recognize <strong>the</strong> right <strong>of</strong> everyone to an adequate standard <strong>of</strong> living for himself
and his family, including adequate food, clothing and housing.”
Convention on <strong>the</strong> Elimination <strong>of</strong> All forms <strong>of</strong> Discrimination Against Women (CEDAW) -
Articles 14.2 (h) and 16.1(h);
Art. 14.2 (h) “States parties shall undertake all appropriate measures to eliminate discrimination against
women in rural areas…and, in particular, shall ensure to such women <strong>the</strong> right…to enjoy adequate
living conditions, particularly in relation to housing, sanitation, electricity and water supply, transport
and communications.”
The focus on rural women in this article reflects <strong>the</strong> strong concern with extreme poverty among
rural women that existed at <strong>the</strong> time CEDAW was drafted. However, Articles 2 and 3, which
7
See Annex F for additional sources <strong>of</strong> <strong>the</strong> right to adequate housing in international human rights treaties.
8 WOMEN’S RIGHTS TO ADEQUATE HOUSEING AND LAND