The right to housing (occasionally right to shelter) is the

economic, social and cultural right Economic, social and cultural rights (ESCR) are Socioeconomics, socio-economic human rights, such as the right to education, right to housing, right to an adequate standard of living, right to health, victims' rights and the right to science and ...

to adequate

housing Housing refers to a property containing one or more Shelter (building), shelter as a living space. Housing spaces are inhabited either by individuals or a collective group of people. Housing is also referred to as a human need and right to ...

and shelter. It is recognized in some national constitutions and in the

Universal Declaration of Human Rights The Universal Declaration of Human Rights (UDHR) is an international document adopted by the United Nations General Assembly that enshrines the Human rights, rights and freedoms of all human beings. Drafted by a UN Drafting of the Universal D ...

and

International Covenant on Economic, Social and Cultural Rights The International Covenant on Economic, Social and Cultural Rights (ICESCR) is a multilateral treaty adopted by the United Nations General Assembly (GA) on 16 December 1966 through GA. Resolution 2200A (XXI), and came into force on 3 January 197 ...

. The right to housing is regarded as a freestanding right in the International human rights law which was clearly in the 1991 General Comment on Adequate Housing by the UN Committee on Economic, Social and Cultural Rights. The aspect of the right to housing under ICESCR include: availability of services, infrastructure, material and facilities; legal security of tenure; habitability; accessibility; affordability; location and cultural adequacy. The UN Human Settlement Programme is known as UN-HABITAT. At least 84 states make an explicit reference to housing rights in their constitutions.

Definition

Article 25 of the

recognizes the right to housing. It states that: In the

(ICESCR), article 11(1) also guarantees the right to housing. In

international human rights law International human rights law (IHRL) is the body of international law designed to promote human rights on social, regional, and domestic levels. As a form of international law, international human rights law is primarily made up of treaties, ag ...

the right to housing is regarded as a freestanding right. This was clarified in the 1991 General Comment no 4 on Adequate Housing by the UN Committee on Economic, Social and Cultural Rights.

The Yogyakarta Principles The Yogyakarta Principles is a document about human rights in the areas of sexual orientation and gender identity that was published as the outcome of an international meeting of human rights groups in Yogyakarta, Indonesia, in November 2006. T ...

on the application of international human rights law in relation to

sexual orientation Sexual orientation is an enduring personal pattern of romantic attraction or sexual attraction (or a combination of these) to persons of the opposite sex or gender, the same sex or gender, or to both sexes or more than one gender. Patterns ar ...

and

gender identity Gender identity is the personal sense of one's own gender. Gender identity can correlate with a person's assigned sex or can differ from it. In most individuals, the various biological determinants of sex are congruent and consistent with the in ...

affirm that:

Everyone has the right to adequate housing, including protection from
eviction Eviction is the removal of a Tenement (law), tenant from leasehold estate, rental property by the landlord. In some jurisdictions it may also involve the removal of persons from premises that were foreclosure, foreclosed by a mortgagee (often ...
, without
discrimination Discrimination is the process of making unfair or prejudicial distinctions between people based on the groups, classes, or other categories to which they belong or are perceived to belong, such as race, gender, age, class, religion, or sex ...
and that States shall a) take all necessary legislative, administrative and other measures to ensure security of tenure and access to affordable, habitable, accessible, culturally appropriate and safe housing, not including shelters and other emergency accommodation, without
discrimination Discrimination is the process of making unfair or prejudicial distinctions between people based on the groups, classes, or other categories to which they belong or are perceived to belong, such as race, gender, age, class, religion, or sex ...
on the basis of sexual orientation, gender identity or material or family status; b) take all necessary legislative, administrative and other measures to prohibit the execution of
eviction Eviction is the removal of a Tenement (law), tenant from leasehold estate, rental property by the landlord. In some jurisdictions it may also involve the removal of persons from premises that were foreclosure, foreclosed by a mortgagee (often ...
s that are not in conformity with their international human rights obligations, and ensure that adequate and effective legal or other appropriate remedies are available to any person claiming that a right to protection against forced evictions has been violated or is under threat of violation, including the right to resettlement, which includes the right to alternative land of better or equal quality and to adequate housing, without discrimination.

The right to housing is also

enshrined A shrine ( "case or chest for books or papers"; Old French: ''escrin'' "box or case") is a sacred space">-4; we might wonder whether there's a point at which it's appropriate to talk of the beginnings of French, that is, when it wa ...: ''escri ...

in Article 28 of the

Convention on the Rights of Persons with Disabilities The Convention on the Rights of Persons with Disabilities is an international human rights instrument, international human rights multilateral treaty, treaty of the United Nations intended to protect the rights and dignity of persons with Disabil ...

, Article 16 of the

European Social Charter The European Social Charter is a Council of Europe treaty which was opened for signature on 18 October 1961 and initially became effective on 26 February 1965, after West Germany had become the fifth of the 13 signing nations to ratify it. By ...

(Article 31 of the Revised European Social charter) and in the

African Charter on Human and Peoples' Rights The African Charter on Human and Peoples' Rights (also known as the Banjul Charter) is an international human rights instrument that is intended to promote and protect human rights and basic freedoms in the African continent. It emerged under ...

. According to UN Committee on Economic, Social and Cultural Rights, aspects of right to housing under

ICESCR The International Covenant on Economic, Social and Cultural Rights (ICESCR) is a multilateral treaty adopted by the United Nations General Assembly (GA) on 16 December 1966 through GA. Resolution 2200A (XXI), and came into force on 3 January 197 ...

include: legal security of

tenure Tenure is a type of academic appointment that protects its holder from being fired or laid off except for cause, or under extraordinary circumstances such as financial exigency or program discontinuation. Academic tenure originated in the United ...

; availability of services, materials, facilities and infrastructure; affordability; habitability; accessibility; location and cultural adequacy.The right to adequate housing (Art.11 (1)). CESCR General comment 4 – see para. 8
/ref> As a political goal, right to housing was declared in F. D. Roosevelt's 1944 speech on the

Second Bill of Rights The Second Bill of Rights or Bill of Economic Rights was proposed by United States President Franklin D. Roosevelt during his State of the Union Address on Tuesday, January 11, 1944. In his address, Roosevelt suggested that the nation had come ...

UN Habitat

The right to adequate housing was a main theme in the Istanbul Agreement and

Habitat In ecology, habitat refers to the array of resources, biotic factors that are present in an area, such as to support the survival and reproduction of a particular species. A species' habitat can be seen as the physical manifestation of its ...

Agenda. This includes a rule to "promote, protect and ensure the full and progressive realisation of the right to adequate housing" in Paragraph 61. The

UN Human Settlement Programme The United Nations Human Settlements Programme (UN-Habitat) is the United Nations programme for human settlements and sustainable urban development. It was established in 1977 as an outcome of the first United Nations Conference on Human Settleme ...

was created during 2001. The programme is the most important international forum for the right to housing.

Implementations

South Africa

One of the seven focus areas by the South African human right is The Right to Adequate House and this is beyond the mere provision of building materials. The rights such as the right to public participation, equality, human dignity, and access to information are amongst the cross cutting rights linked with right to adequate housing as noted by the

Constitutional Court A constitutional court is a high court that deals primarily with constitutional law. Its main authority is to rule on whether laws that are challenged are in fact unconstitutional, i.e. whether they conflict with constitutionally established ru ...

in Government of the

Republic of South Africa South Africa, officially the Republic of South Africa (RSA), is the Southern Africa, southernmost country in Africa. Its Provinces of South Africa, nine provinces are bounded to the south by of coastline that stretches along the Atlantic O ...

and Others v Grootboom and Others 2001 (1) SA 46 (CC) In

South Africa South Africa, officially the Republic of South Africa (RSA), is the Southern Africa, southernmost country in Africa. Its Provinces of South Africa, nine provinces are bounded to the south by of coastline that stretches along the Atlantic O ...

, section 26 of Chapter Two of the Constitution establishes that "everyone has the right to have access to adequate housing". The

Department of Human Settlements The Department of Human Settlements (formerly the Department of Housing, and often referred to as DHS) is the government department, department under the Ministry of Human Settlements of the Government of South Africa, South African government, re ...

is tasked with implementing this mandate. Based on recent data, around 3.6 million South Africans still live in shacks or informal settlements (2013 data), while it is estimated that around 200,000 are

homeless Homelessness, also known as houselessness or being unhoused or unsheltered, is the condition of lacking stable, safe, and functional housing. It includes living on the streets, moving between temporary accommodation with family or friends, liv ...

or living on the streets (2015 data). Based on a survey of human rights experts administered by the Human Rights Measurement Initiative in 2019, South Africa is doing only 69.6% of what should be possible at its level of income on the right to housing.

United States

Most

jurisdictions Jurisdiction (from Latin 'law' and 'speech' or 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, the concept of jurisdiction applies at multiple levels ...

in the

United States The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...

have no right to shelter. One exception is

Massachusetts Massachusetts ( ; ), officially the Commonwealth of Massachusetts, is a U.S. state, state in the New England region of the Northeastern United States. It borders the Atlantic Ocean and the Gulf of Maine to its east, Connecticut and Rhode ...

, where

families Family (from ) is a group of people related either by consanguinity (by recognized birth) or affinity (by marriage or other relationship). It forms the basis for social order. Ideally, families offer predictability, structure, and safety as ...

(but not homeless individuals) do have the right to shelter. In

California California () is a U.S. state, state in the Western United States that lies on the West Coast of the United States, Pacific Coast. It borders Oregon to the north, Nevada and Arizona to the east, and shares Mexico–United States border, an ...

, runaway children have the right to be admitted to emergency shelters without

parental consent Parental consent legislation, laws (also known as parental involvement laws) in some countries require that one or more parents consent to or be notified before their Minor (law), minor child can legally engage in certain activities. Parental con ...

New York City New York, often called New York City (NYC), is the most populous city in the United States, located at the southern tip of New York State on one of the world's largest natural harbors. The city comprises five boroughs, each coextensive w ...

also recognizes a right to emergency shelter, established in the 1981 consent decree for '' Callahan v. Carey''.

Nigeria

The right to housing is recognized in the 1999

constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organization or other type of entity, and commonly determines how that entity is to be governed. When these pri ...

, specifically in section 43 which states that "every citizen of

Nigeria Nigeria, officially the Federal Republic of Nigeria, is a country in West Africa. It is situated between the Sahel to the north and the Gulf of Guinea in the Atlantic Ocean to the south. It covers an area of . With Demographics of Nigeria, ...

shall have the right to acquire and own immovable

property Property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. Depending on the nature of the property, an owner of property may have the right to consume, alter, share, re ...

anywhere in Nigeria". It further stated in section 44 that 'no movable

or any interest in

immovable property In English common law, real property, real estate, immovable property or, solely in the US and Canada, realty, refers to parcels of land and any associated structures which are the property of a person. For a structure (also called an impro ...

shall be taken possession of compulsorily and no right over or interest in any such property shall be acquired compulsorily in any part of Nigeria except in the manner and for purposes prescribed by law that, among other things: requires the prompt payment of compensation and ensures parties access to the court for the determination of his interest in the property and the amount of compensation payable". The provisions of Section 16(2)(d) of the

in the Fundamental Objectives and Directive Principles of State

Policy Policy is a deliberate system of guidelines to guide decisions and achieve rational outcomes. A policy is a statement of intent and is implemented as a procedure or protocol. Policies are generally adopted by a governance body within an or ...

, which states that "the state shall direct its policy towards ensuring that suitable and adequate shelter is provided for all citizens" implies the recognition of the need to provide shelter for citizens but such right excludes right to adequate

. Additionally, Section 6(6) (c) of the constitution declared the Fundamental Objectives and Directive Principles non-justiciable. The housing conditions of people in Nigeria falls short of the international human rights law and standards, particularly vulnerable groups such as women,

indigenous people There is no generally accepted definition of Indigenous peoples, although in the 21st century the focus has been on self-identification, cultural difference from other groups in a state, a special relationship with their traditional territ ...

LGBTQ LGBTQ people are individuals who are lesbian, Gay men, gay, bisexual, transgender, queer, or questioning (sexuality and gender), questioning. Many variants of the initialism are used; LGBTQIA+ people incorporates intersex, Asexuality, asexual, ...

, internally displaced persons and people living with disability (PLW) in the rural settings of

Abuja Abuja (; , ) is the capital city of the Federal Republic of Nigeria, strategically situated at the geographic midpoint of the country within the Federal Capital Territory (Nigeria), Federal Capital Territory (FCT). As the seat of the Federal G ...

Lagos Lagos ( ; ), or Lagos City, is a large metropolitan city in southwestern Nigeria. With an upper population estimated above 21 million dwellers, it is the largest city in Nigeria, the most populous urban area on the African continent, and on ...

and

Port Harcourt Port Harcourt (Pidgin: ''Po-ta-kot or Pi-ta-kwa)'' is the capital and largest city of Rivers State in Nigeria. It is the fifth most populous city in Nigeria after Lagos, Kano, Ibadan and Benin. It lies along the Bonny River and is locate ...

. In 2014,

WHO The World Health Organization (WHO) is a specialized agency of the United Nations which coordinates responses to international public health issues and emergencies. It is headquartered in Geneva, Switzerland, and has 6 regional offices and 15 ...

and

UNICEF UNICEF ( ), originally the United Nations International Children's Emergency Fund, officially United Nations Children's Fund since 1953, is an agency of the United Nations responsible for providing Humanitarianism, humanitarian and Development a ...

stated that 69% of the

urban population An urban area is a human settlement with a high population density and an infrastructure of built environment. Urban areas originate through urbanization, and researchers categorize them as cities, towns, conurbations or suburbs. In urbani ...

of Nigeria were living in '

slums A slum is a highly populated urban residential area consisting of densely packed housing units of weak build quality and often associated with poverty. The infrastructure in slums is often deteriorated or incomplete, and they are primarily in ...

' without basic amenities like potable water,

sanitation Sanitation refers to public health conditions related to clean drinking water and treatment and disposal of human excreta and sewage. Preventing human contact with feces is part of sanitation, as is hand washing with soap. Sanitation systems ...

services, electricity,

garbage collection Waste collection is a part of the process of waste management. It is the transfer of solid waste from the point of use and disposal to the point of treatment or landfill. Waste collection also includes the curbside collection of recyclable ...

, and

paved road A road surface (British English) or pavement (North American English) is the durable surface material laid down on an area intended to sustain vehicular or foot traffic, such as a road or walkway. In the past, gravel road surfaces, macadam, ho ...

s. Also, the 2013

Nigerian Nigerians or the Nigerian people are citizens of Nigeria or people with ancestry from Nigeria. The name Nigeria was derived from the Niger River running through the country. This name was allegedly coined in the late 19th century by British jo ...

Demographic and Health Survey revealed that 57 million and 130 million Nigerians had no access to safe water and adequate sanitation respectively. According to the Federal Mortgage Bank of Nigeria, there was a deficit of 22 million housing units in 2019. The

Lagos state Lagos State (, ) is a States of Nigeria, state in South West, Nigeria. Of the 36 States of Nigeria, Nigerian states, Lagos is the second List of Nigerian states by population, most populous state but the List of Nigerian states by area, smallest ...

government stated that the housing deficit in the state is at 2.5 million units, with 70 percent of its total population living in informal housing. There is a 20 percent yearly housing demand increase in

Ibadan Ibadan (, ; ) is the Capital city, capital and most populous city of Oyo State, in Nigeria. It is the List of Nigerian cities by population, third-largest city by population in Nigeria after Lagos and Kano (city), Kano, with a total populatio ...

and Kano. Generally, private market housing can only be affordable by a few. There is

scarce In economics, scarcity "refers to the basic fact of life that there exists only a finite amount of human and nonhuman resources which the best technical knowledge is capable of using to produce only limited maximum amounts of each economic good. ...

rental housing which demand tenants to have advance rent of more than one year. Rent control or caps are not given attention in addition to landlord–tenant relations, with regulation laws poorly enforced. Based on a survey of human rights experts administered by the Human Rights Measurement Initiative in 2019, Nigeria is doing only 35.5% of what should be possible at its level of income on the right to housing.

References

External links

Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
UN *
Report to UN HRC, 2008. A/HRC/7/16
*
Report to UN HRC, 2009. A/HRC/13/20

Housing Rights Legislation: Review of International and National Legal Instruments
* CESCR General comments: *
The right to adequate housing (Art.11 (1)). CESCR General comment 4
1991 *
The right to adequate housing (Art.11.1): forced evictions. CESCR General comment 7
1997
Factsheet on right to housing
UN * CoE Commissioner for Human Rights: *
Recommendation on the implementation of the right to housing
2009 *
Housing Rights: The Duty to Ensure Housing for All
2008 *
"No one should have to be homeless – adequate housing is a right"
2007
Interpretation and application of Article 31 of RESC
/Digest of the Case Law of the European Committee on Social Rights, 2008. pp. 169–173, 349—355
Right to Housing
Geneva: CETIM, 2007.
Housing is a human right: How Finland is eradicating homelessness

Canadian Broadcasting Corporation The Canadian Broadcasting Corporation (), branded as CBC/Radio-Canada, is the Canadian Public broadcasting, public broadcaster for both radio and television. It is a Crown corporation that serves as the national public broadcaster, with its E ...

(CBC). Published 24 January 2020. {{Homelessness Housing Human rights by issue Housing rights activism