Right to housing: Difference between revisions
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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.''
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>
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>
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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."'' [United Nations 1984]/ </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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*Steinberg, Darrell [2019b]. "[https://calmatters.org/commentary/california-should-make-clear-there-is-a-right-to-housing-not-simply-shelter/ California should make clear there is a right to housing, not simply shelter]." CalMatters, August 25, 2019. [https://calmatters.org/commentary/california-should-make-clear-there-is-a-right-to-housing-not-simply-shelter/ https://calmatters.org/commentary/california-should-make-clear-there-is-a-right-to-housing-not-simply-shelter/]. <br/>
*Stockard, James. "Opinion: Why affordable housing needs to be a right, not a privilege." Ideas.TED.com, May 19, 2017. [http://ideas.ted.com/opinion-why-affordable-housing-needs-to-be-a-right-not-a-privilege/ http://ideas.ted.com/opinion-why-affordable-housing-needs-to-be-a-right-not-a-privilege/].<br/>
*Tars, Eric [2018]. (Senior Attorney, National Law Center on Homelessness & Poverty). "Housing as a Human Right." [https://nlihc.org/sites/default/files/AG-2018/Ch01-S06_Housing-Human-Right_2018.pdf https://nlihc.org/sites/default/files/AG-2018/Ch01-S06_Housing-Human-Right_2018.pdf]. <br/>
▲*United Nations (1984). "Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment." https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-9&chapter=4&clang=_en. <br />
*United Nations [http://www2.ohchr.org/english/issues/housing/ Special Rapporteur on adequate housing as a component of the right to an adequate standard of living], UN
**[http://www.internal-displacement.org/8025708F004BE3B1/(httpInfoFiles)/C90EE08CC6A733ABC12574C00049C81D/$file/G0810545.pdf Report to UN HRC, 2008. A/HRC/7/16]
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*United Nations Human Settlements Programme (UN-HABITAT) - Office of the High Commissioner for Human Rights (OHCHR). "[https://www.ohchr.org/Documents/Publications/HousingRightsen.pdf Housing Rights Legislation: Review of International and National Legal Instruments]." Nairobi, 2002. [https://www.ohchr.org/Documents/Publications/HousingRightsen.pdf https://www.ohchr.org/Documents/Publications/HousingRightsen.pdf]. <br/>
*Yeung, Peter. "[https://psmag.com/social-justice/portugal-instates-a-not-so-basic-housing-law A New Law in Portugal Makes Housing a Right]. [The Basic Housing Law is a reaction to a significant and rapid escalation of housing prices and dearth of affordable homes]." ''Pacific Standard, ''JUL 17, 2019. [https://psmag.com/social-justice/portugal-instates-a-not-so-basic-housing-law https://psmag.com/social-justice/portugal-instates-a-not-so-basic-housing-law].<br />
*Young, Katharine G. (2008). "The Minimum Core of Economic and Social Rights: A Concept in Search of Content." The Yale Journal of International Law, 33:113-175. https://web.archive.org/web/20160423152620/http://www.yale.edu/yjil/PDFs/vol_33/Young%20Final.pdf. <br />
*Zapata MA,* Liu J,** Everett L, Hulseman P, Potiowsky T, & Willingham E. [2019]. [https://www.pdx.edu/syndication/sites/www.pdx.edu.syndication/files/HRAC-NERC%20Final%20Draft%20JG%207AM8_20_2019.pdf Governance, Costs, and Revenue Raising to Address and Prevent Homelessness in the Portland Tri-County Region]. Portland State University.[https://www.pdx.edu/syndication/sites/www.pdx.edu.syndication/files/HRAC-NERC%20Final%20Draft%20JG%207AM8_20_2019.pdf https://www.pdx.edu/syndication/sites/www.pdx.edu.syndication/files/HRAC-NERC%20Final%20Draft%20JG%207AM8_20_2019.pdf].<br/> *First author & **second author. All other authors listed in alphabetical order. For questions, please contact: Marisa A. Zapata (mazapata@pdx.edu).
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