Right to housing: Difference between revisions
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[[File:Housing-is-a-human-right-graphic-No-Gods-No-Masters.png|thumb|right|350px|graphic from https://www.no-gods-no-masters.com]] ''"Right to housing" / "Housing is a human right" ''is a concept developed in national/international law and advocacy, particularly since the mid 20th century. <br/> <br/> Twitter search query link: [https://twitter.com/search?q=#right2housing%20OR%20#righttohousing&src=typed_query&f=live #right2housing OR #righttohousing]<br/>
== In International Law / UN treaty ==▼
Key provisions concerning housing were set out in the '''Universal Declaration of Human Rights (UDHR)''', adopted by the UN and signed by the United States in 1948. This is considered a declaration, to inform subsequent binding treaties, rather than being binding in itself.
UDHR's provisions on housing were generally expressed in the [https://www.ohchr.org/EN/ProfessionalInterest/Pages/CESCR.aspx International Covenant on Economic, Social and Cultural Rights] (ICESCR) treaty adopted by the UN in 1966 which came in force 1976, and was ''signed but not ratified by the US.''
▲== In International Law / UN treaty ==
Further UN treaties bear upon US housing rights, according to [Tars 2018]: <blockquote>''The U.S. ratified the International Covenant on Civil and Political Rights in 1992, and the International Convention on the Elimination of All Forms of Racial Discrimination in 1994. Both recognize the right to be free from discrimination, including in housing, on the basis of race, gender, disability, and other status. The U.S. also ratified the Convention Against Torture in 1994, protecting individuals from torture and other cruel, inhuman and degrading treatment, including the criminalization of homelessness.''</blockquote>
<blockquote>''"Everyone has the right to a standard of 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.{{Cquote|Everyone has the right to a standard of 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."''</blockquote> ▼
https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-9&chapter=4&clang=_en
=== Universal Declaration of Human Rights (UDHR) ===
▲Adapted from Naznin [2018]: "Article 25 of the Universal Declaration of Human Rights (UDHR) recognises the right to housing as part of the [https://en.wikipedia.org/wiki/Right_to_an_adequate_standard_of_living right to an adequate standard of living]. It states that:<blockquote>''"Everyone has the right to a standard of 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.{{Cquote|Everyone has the right to a standard of 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."''</blockquote>
The right to housing constitutes an integral component of human dignity vis-à-vis an adequate standard of life and living. It is crucial to the realization of other rights including the right to life, the right to privacy, the right to health and the right to development. Hence, the right to housing is recognized as a fundamental human right.
==== Components of the Right to Housing ====
Housing today means more than a roof over one’s head. [https://www.ohchr.org/EN/ProfessionalInterest/Pages/CESCR.aspx Article 11 of the International Covenant on Economic, Social and Cultural Rights] (ICESCR, treaty adopted by the UN in 1966 which came in force 1976
*'''Legal security of tenure: '''Irrespective of the nature of tenure, all persons are entitled to a secure tenure to ensure legal protection from forced evictions, harassment or other threats.
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=== UN Convention Against Torture ===
The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (commonly known as the United Nations Convention against Torture (UNCAT), was adopted by the UN in 1984 came into force in 1987, and was ratified by the United States in 1994.
Tars (2018) argues that UNCAT protects individuals "the criminalization of homelessness." However, upon ratification, the U.S. Senate expressed a series of formal reservations, including: <blockquote>''"(1) That the United States considers itself bound by the obligation under article 16 to prevent `cruel, inhuman or degrading treatment or punishment', only insofar as the term `cruel, inhuman or degrading treatment or punishment' means the cruel, unusual and inhumane treatment or punishment prohibited by the Fifth, Eighth, and/or Fourteenth Amendments to the Constitution of the United States."''</blockquote>So from a U.S. legal point of view, it seems that UNCAT's bearing upon homelessness is subsumed by US jurisprudence on the 5th, 8th, & 14th Amendments. That concerning the 8th Amendment -- "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted" -- has been the most prominent: for example, being the primary substantive constitutional matter considered in the Martin v Boise rulings (see below).
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== Policies outside the US ==
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</blockquote>
== In US policy & advocacy ==
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*Hartman, Chester. "[https://docs.escr-net.org/usr_doc/hpd_0902_hartman.pdf The Case for a Right to Housing]." Housing Policy Debate 1998, 9(2), 233–246. [https://docs.escr-net.org/usr_doc/hpd_0902_hartman.pdf https://docs.escr-net.org/usr_doc/hpd_0902_hartman.pdf]; reprinted with changes in Bratt, Stone, & Hartmann [2006]. Hartman, Chester. "The Case for a Right to Housing." Housing Policy Debate, Volume 9, Issue 2 223, 1998. <br/>
*Hartman, Chester, and Rachel G. Bratt. "[http://nhi.org/online/issues/148/righttohousing.html The Case for a Right to Housing.]" ''Shelterforce.'' Issue #148, Winter 2006.<br/> [http://nhi.org/online/issues/148/righttohousing.html http://nhi.org/online/issues/148/righttohousing.html].<br/>
*Hohmann, Jessie. ''The Right to Housing: Laws, Concepts, Possibilities''. (2013). Introduction: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2247295. <br />
*Hohmann, Jessie (2019). "The Right to Housing." in M. Moos (ed). ''A Research Agenda on Housing'' (Edward Elgar, 2019 – forthcoming). https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3355797 <br />
*Morrison, Jeff. "[https://chra-achru.ca/en/blog/right-to-housing-is-now-law-in-canada-so-now-what Right to Housing is Now Law in Canada: So Now What?]" Canadian Housing and Renewal Association'', ''Jul 05, 2019. <br/>
*Naznin, S M Atia. "[https://www.nyulawglobal.org/globalex/Housing_Rights.html Researching the Right to Housing]." topic outline and research review. ''Globalex ''(NYU Hauser Global Law School), 2018. [https://www.nyulawglobal.org/globalex/Housing_Rights.html https://www.nyulawglobal.org/globalex/Housing_Rights.html]. <br/>
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