What is a Right to Housing - Focus Ireland

SOCIAL POLICYpolicy information sheet 3WHAT IS A RIGHT TO HOUSING?everyone has a right to a place they can call home

Housing and accommodation is fundamental to survivaland to living a dignified life with peace and security.Without adequate housing and accommodation, employmentis difficult to secure and maintain, physical and mentalhealth is threatened, education is impeded, violence ismore easily perpetrated, privacy is impaired andrelationships are strained.Homelessness on the other hand is perhaps the mostextreme denial of housing rights in society and is aphenomenon directly resultant from poverty and socialexclusion. Without a right to housing we argue that theextent, nature and experience of homelessness in society isdeepened, exacerbated and prolonged. Furthermore, FocusIreland believes that the absence of a right to housing inIrish society means that our government, officials andadministrators respond in a lesser way to the challenge ofhomelessness and housing need.Homelessness in Ireland remains at a crisis level and theabsence of a right to housing means that an importantaspiration for society – the prevention and elimination ofhomelessness – remains unfulfilled.Understanding and Defining aRight to Housing underInternational LawA right to adequate housing can be understood asincorporating the following seven key elements:1. Security of Tenure2. Availability of Services, Materials, Facilitiesand Infrastructure3. Affordability4. Habitability5. Accessibility6. Location7. Cultural appropriatenessDefining a right to housing is somewhat problematic but isachievable. Arguably the most authoritative interpretation ofthe right to adequate housing under international humanrights law is provided by General Comment No. 4 adoptedby the United Nations Committee on Economic, Social andCultural Rights (CESCR).This general comment elaborates in detail the sevenkey elements of adequate housing. In short, it statesthe following:Security of TenureSecurity of tenure is the cornerstone of the right toadequate housing. Security of tenure protects peopleagainst arbitrary forced eviction, harassment andother threats.Availability of Services, Materials, Facilities andInfrastructureAdequate housing requires access to potable drinking water,energy for cooking, heating and lighting, sanitation andwashing facilities, food storage, refuse disposal, sitedrainage and emergency services. When one or more ofthese attributes of adequate housing are not available, theright to adequate housing is not fully in place.AffordabilityThe housing affordability principle stipulates simply that theamount a person or family pays for their housing must notbe so high that it threatens or compromises the attainmentand satisfaction of other basic needs. The lack of affordablehousing is a major problem in Ireland where individuals andfamilies living in poverty find it impossible to accessadequate housing via the private market.HabitabilityFor housing to be considered adequate, it must behabitable. Inhabitants must be ensured adequate space andprotection against the cold, damp, heat, rain, wind or otherthreats to health or structural hazards.AccessibilityHousing must be accessible to everyone. Disadvantaged andsocially excluded groups should be ensured some degree ofpriority consideration in housing. Both housing law andpolicy must ensure their housing needs are met.Additionally, in rental housing markets, discriminationagainst disadvantaged groups is common and poses asignificant barrier to housing access.LocationFor housing to be adequate, it must be situated so as toallow access to employment options, health care services,schools, childcare centres and other social facilities. It mustnot be located in polluted areas.Culturally AdequateThe right to adequate housing includes a right to reside inhousing that is considered culturally adequate. This meansthat housing programmes and policies must take fully intoaccount the cultural attributes of housing which allow forthe expression of cultural identity and recognise the culturaldiversity of the State’s population.www.focusireland.org