Right to housing

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Revision as of 08:00, 25 August 2019 by imported>Tmccormick

Housing as a human right describes how the concept of people having a 'right to adequate housing' has developed in national and international law.

In international law / UN treaty 

from Naznin [2018]:

1. Introduction

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.

2. Components of the Right to Housing

Housing today means more than a roof over one’s head. 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.) contemplates housing as adequate housing that requires living a standard life with dignity, peace and security and enables a person to utilize and expand his capabilities. In order to meet this standard, as the Committee on Economic, Social and Cultural Rights (CESCR) in General Comment No. 4 postulates, the contents of adequacy must include the presence of legal security of tenure, availability of services, materials, facilities and infrastructure, affordability, habitability, accessibility, location and cultural adequacy. Following discussion provides a brief analysis of these components:

  • 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.
  • Availability of services, materials, facilities and infrastructure: An adequate housing facility must ensure health, security, comfort and nutrition. Hence,everyone should have sustainable access to natural and common resources, pure drinking water, energy for cooking, heating and lighting, sanitation, washing facilities, storage space, refuse disposal, site drainage and emergency services.
  • Affordability: Personal or household costs associated with housing should not exceed the income level and threaten or compromise the enjoyment of other basic needs.
  • Habitability: Adequate housing must provide the inhabitants with sufficient space and protect them from adverse weather conditions as well as other threats to health, structural hazards and disease vectors.
  • Accessibility: Adequacy implies accessibility. Hence laws and policies on housing should address the special needs of vulnerable and marginalized groups such as children, elderly people, physically disabled, victims of natural disasters.
  • Location: Adequate housing must ensure access to employment opportunities, medical services, schools, childcare centres and other social facilities. Besides, households should situate within a reasonable distance from polluted zones to avoid any risk of health hazards.
  • Cultural adequacy: The construction materials, design and construction of households should have a proper balance with the cultural identity and lifestyle of the residents.

 

Maryland's Social Housing Act of 2019

Carter, Dennis. "Here’s What a ‘Housing as a Human Right’ Bill Looks Like." Rewire News, Feb 20, 2019, 5:23pm. 
About Maryland's Social Housing Act of 2019, created by state delegate Vaughn Stewart (D-Montgomery), that would create a social housing program to ensure everyone in the state of 6 million people has access to housing. It would create a $2.5 billion trust fund from which the state could create and maintain housing units. The legislation is first of its kind, Stewart said.

“Call it the ‘public option for housing,'” he said.

A social housing system, commonplace throughout Europe, would differ from traditional public housing programs in the United States because it would be open to everyone, varying in price according to a person’s income."

 


References

Carter, Dennis. "Here’s What a ‘Housing as a Human Right’ Bill Looks Like." Rewire News, Feb 20, 2019, 5:23pm. https://rewire.news/article/2019/02/20/what-housing-as-a-human-right-bill-looks-like/

Naznin, S M Atia. "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