Right to housing: Difference between revisions
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=== 'Minimum core' socio-economic rights ===
In 1991, the United Nations Committee on Economic, Social and Cultural Rights (UNCESCR), in General Comment No.3, introduced the principle of the “minimum core”, to give greater weight to the ICESCR by focusing on the “minimum essential levels”.
-Maxwell (2019).
"The incorporation of the ICESCR into the domestic law of the UK was considered after the passing of the Human Rights Act 1998. This was in part inspired by a fear that the ECHR was an “outmoded” treaty and as such protected, at best, a very basic minimum standard of living. The inclusion of socio-economic rights was, however, dismissed as it was felt that the principles were non-justiciable.
"The incorporation of Article 11 of the ICESCR into the domestic law would raise several, perhaps insurmountable challenges. The first concern is what guidance would the courts have to define the right to housing and key terms such as “adequacy”. While the ICESCR and the Committee have attempted to offer some guidance, the definition remains open-textured. As Jessie Hohmann concludes:<blockquote>''“The failure of courts and monitoring bodies to provide a definition of the right thus impacts directly on those hoping to lay claim to the right in order to struggle against homelessness, inadequate housing, forced resettlement, or other material deprivation and marginalisation. If the right cannot be laid claim to it is a hollow promise and any attempt to invoke it as an instrument in a project of advocacy is fraught with uncertainty”.''</blockquote>Merely legislating in a manner that purports to embody socio-economic rights does not necessarily result in their greater realisation.[...].
"The significance of establishing a minimum core is that once it can be established that the minimum core is not adequately protected, the burden shifts to the state rather than the individual. Once claimants are able to prove that their minimum core is not protected, it will be for the state rather than the applicant to prove that it has taken the required “reasonable legislative and other measures, within its available resources, to achieve the progressive realisation”. In reversing the onus onto the state, the minimum core can help to ensure “practical justiciability,” turning a “paper right” of access to court into a practical reality."
"rationalising a minimum core, finding the vast financial resources required and then trying to traverse the complex problem of political will, means that implementation of a human right to adequate housing in the UK remains, for now, dishearteningly out of reach."
-- Maxwell (2019.
"States have immediate obligations to ensure that every individual enjoys each element of the right to the level of a ‘'''minimum core'''’. For instance, street homelessness clearly violates the minimum core of the right, as do forced evictions (UNCESCR, 1997; UNCESCR, 1991); though in many respects the minimum core remains contested as a concept and difficult to apply in practice (Young, 2008)." -[Hohmann 2019].
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"Yet rights-ambition is a difficult stance, and even minimalist ambitions can be misplaced. Critics of the concept have suggested that paring down such rights to an essential core threatens the broader goals of economic and social rights, or pretends a determinacy that does not exist. A long-standing criticism faults the minimum core for directing our attention only to the performance of developing states, leaving the legal discourse of economic and social rights beyond the reach of those facing material deprivation in the middle or high income countries."
=== Limuru Declaration on adequate housing (1987) ===
"In 1987, representatives from forty countries met in Limuru, Kenya, in order to address poverty and homelessness. The conference developed a definition of adequate housing that became known as the Limuru Declaration (as cited in Turner 1988, 187):<blockquote>''Adequate, affordable shelter with basic services is a fundamental right of all people. Governments should respect the right of all people to shelter, free from the fear of forced eviction or removal, or the threat of their home being demolished. . . .''
''Adequate shelter includes not only protection from the elements, but also sources of potable water in or close to the house, provision for the removal of house- hold and human liquid and solid wastes, site drainage, emergency life-saving services, and easy access to health care. In urban centers, a house site within easy reach of social and economic opportunities is also an integral part of an adequate shelter.''</blockquote>Another interesting challenge in the effort to define homelessness is raised by this question: When is “no access to a conventional dwelling” not homelessness? The answer appears to be: When movement from place to place is a part of the culture of the group." --Glasser, Irene, and Rae Bridgman. (2004). "Homelessness, international perspectives on." in Levinson, David, ed. (2004). Encyclopedia of Homelessness.
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== (2) Provisions of UN declarations / treaties ==
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*Farhi, Leilani [2018a]. "[http://unhousingrapp.org/user/pages/04.resources/A-73-301-Rev1p.pdf Report of the Special Rapporteur on adequate housing as a component of the right to an adequate standard of living, and on the right to non-discrimination in this context]." 18 September 2018. [http://unhousingrapp.org/user/pages/04.resources/A-73-301-Rev1p.pdf http://unhousingrapp.org/user/pages/04.resources/A-73-301-Rev1p.pdf]. <br/> '' "Examines the issue of the right to housing for residents of informal settlements and the commitment made by States to upgrade such settlements by 2030. Nearly one quarter of the world’s urban population lives in informal settlements or encampments, most in developing countries but increasingly also in the most affluent.''<br/> '' "The scope and severity of the living conditions in informal settlements make this one of the most pervasive violations of human rights globally. The world has come to accept the unacceptable. It is a human rights imperative that informal settlements be upgraded to meet basic standards of human dignity."''<br/>
*Farha, Leilani [2018b]. "[https://www.theguardian.com/housing-network/2018/jan/02/2018-global-housing-crisis-us-canada-homelessness Housing is a human rights issue – and 2018 must be the year to address it.]" ''The Guardian. ''[https://www.theguardian.com/housing-network/2018/jan/02/2018-global-housing-crisis-us-canada-homelessness https://www.theguardian.com/housing-network/2018/jan/02/2018-global-housing-crisis-us-canada-homelessness].<br/>
*Glasser, Irene, and Rae Bridgman. (2004). "Homelessness, international perspectives on." in Levinson, David, ed. (2004)''.'' ''Encyclopedia of Homelessnes''s. <br />
*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/> ▼
*Habitat International Coalition. (1987). "Limuru Declaration." 01-01-1987. http://www.hic-gs.org/document.php?pid=2519 <br />
▲*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.
*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
*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/>
*Maxwell, D. (2019). "A Human Right to Housing?" https://www.law.ox.ac.uk/housing-after-grenfell/blog/2019/02/human-right-housing.<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.
*People's Action. "[https://homesguarantee.com/wp-content/uploads/Homes-Guarantee-_-Briefing-Book.pdf A National Homes Guarantee: Briefing Book]". September 5, 2019. <br/> [https://homesguarantee.com/wp-content/uploads/Homes-Guarantee-_-Briefing-Book.pdf https://homesguarantee.com/wp-content/uploads/Homes-Guarantee-_-Briefing-Book.pdf].<br/>
*Raghuveer, Tara. "[https://truthout.org/articles/its-time-for-a-homes-guarantee/ It’s Time for a Homes Guarantee]." Truthout, January 15, 2019. [https://truthout.org/articles/its-time-for-a-homes-guarantee/ https://truthout.org/articles/its-time-for-a-homes-guarantee/]. <br/>
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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]. (
*Turner, B., (Ed.). (1988). Building Community: A Third World Case Book. A Summary of the Habitat International Coalition Non-Governmental Organization’s Project for the International Year of Shelter for the Homeless, 1987, in association with Habitat Forum Berlin.<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
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