Report - Office of the High Commissioner on Human Rights

speak generally about women’s right to enjoy all human rights, without discrimination, provide
an opportunity for women’s rights to adequate housing in o<strong>the</strong>r contexts to also be addressed
under <strong>the</strong> convention. The Optional Protocol to CEDAW also provides an avenue for complaints
by both urban and rural women to be addressed before <strong>the</strong> CEDAW Committee;
Art. 16.1 (h) “States parties shall undertake all appropriate measures to eliminate discrimination
against women in all matters relating to marriage and family relations and in particular ensure, on
a basis <strong>of</strong> equality <strong>of</strong> men and women…<strong>the</strong> same rights for both spouses in respect <strong>of</strong> <strong>the</strong> ownership,
management, administration, enjoyment and disposition <strong>of</strong> property, whe<strong>the</strong>r free <strong>of</strong> charge or for a
valuable consideration.”
Committee on Economic Social and Cultural Rights (CESCR) General Comments 4 and 7;
GC No. 4 (Right to Adequate Housing) The definition <strong>of</strong> “adequacy” <strong>of</strong> housing was held to
include <strong>the</strong> seven elements <strong>of</strong>: legal security <strong>of</strong> tenure, availability <strong>of</strong> services, affordability,
habitability, accessibility, location and cultural adequacy.
GC No. 7 (Forced Evictions) Defined forced evictions as “<strong>the</strong> permanent or temporary removal
against <strong>the</strong>ir will <strong>of</strong> individuals, families and/or communities from <strong>the</strong> homes and/or land which <strong>the</strong>y
occupy, without <strong>the</strong> provision <strong>of</strong>, and access to, appropriate forms <strong>of</strong> legal or o<strong>the</strong>r protection.” It also
stipulates conditions States must fulfil when evictions do take place.
In addition to <strong>the</strong> human rights treaties, <strong>the</strong> human right to adequate housing has been recognised
internationally in many <strong>of</strong> <strong>the</strong> recent UN World Conferences including, <strong>the</strong> Vienna World Conference
on Human Rights, <strong>the</strong> Fourth World Conference on Women, <strong>the</strong> World Conference on Racism, Racial
Discrimination, Xenophobia and Related Intolerance, and <strong>the</strong> World Summit on Sustainable
Development. The most critical world conference for <strong>the</strong> right to adequate housing was <strong>the</strong> HABITAT
II Conference in Istanbul, during which States adopted <strong>the</strong> Habitat Agenda, reaffirmed <strong>the</strong>ir commitment
to <strong>the</strong> human right to adequate housing, outlined government actions for <strong>the</strong> realisation <strong>of</strong> <strong>the</strong> right
to adequate housing and recognised <strong>the</strong> role <strong>of</strong> civil society.
Para. 39 “We recognize an obligation by Governments to enable people to obtain shelter and to
protect and improve dwellings and neighbourhoods. … We shall implement and promote this
objective in a manner fully consistent with human rights standards.” (Habitat Agenda, Habitat
II, 1996)
The common over-riding principles that cut across all <strong>the</strong>se instruments, that are essential to <strong>the</strong>
implementation <strong>of</strong> <strong>the</strong> right to adequate housing are 8 :
Indivisibility <strong>of</strong> human rights
Self-determination
Non-discrimination principle
Gender equality
Minimum core obligations
State obligations (respect, protect and fulfil)
Progressive realisation
International cooperation.
8
See Annex C for details about <strong>the</strong>se over-riding principles.
EXECUTIVE SUMMARY 9