The
right to adequate housing as a component of the
right to an adequate standard of living is enshrined
in many international instruments. Most notable
among these are the Universal Declaration of Human
Rights and the International Covenant on Economic,
Social and Cultural Rights. During the 1990s, the
right to adequate housing gained increasing recognition.
Since 1996, many Governments have adopted or revised
housing policies to include various dimensions of
human rights.
The
Second United Nations Conference on Human Settlements
(Habitat II) in 1996 harnessed this momentum.
The outcomes of the Conference -- the Istanbul Declaration
and the Habitat Agenda -- constitute a framework
where human settlements development is linked to
the process of realizing human rights in general
and housing rights in particular. A total
of 33 of the 241 paragraphs in the Habitat Agenda
refer to human and/or housing rights. The
Habitat Agenda clarifies actions and commitments
of Governments and other stakeholders regarding
realization of these rights. Paragraph 39
in the Habitat Agenda states, "We [the Governments]
reaffirm our commitment to the full and progressive
realization of the right to adequate housing, as
provided for in international instruments."
Paragraph
61 elaborates on actions to be taken by Governments
and other stakeholders in order to promote, protect
and ensure the full and progressive realization
of the right to adequate housing. This framework
guides the United Nations Centre for Human Settlements
(Habitat) to assist Governments and other stakeholders
to place human rights in the centre of policy formulation
and implementation in the housing sector. In this
context, it is important to clarify that the 'housing
rights framework' does not in any way mean or imply
an obligation for Governments to provide free housing
to all their citizens and/or residents. Yet,
as is clearly articulated in the Habitat Agenda,
Governments are responsible for establishing and
facilitating an enabling environment where the potential
and capacity of individual households and all other
stakeholders in the housing development process
are supported.
Role
of the Special Rapporteur on Housing Rights
The mandate and activities of the Special Rapporteur
on Adequate Housing (appointed by the Commission
on Human Rights in April 2000) are complementary
to the implementation of the United Nations Housing
Rights Programme. UNCHS (Habitat) supports the work
of the Special Rapporteur. The collaboration
between the Special Rapporteur, the United Nations
Housing Rights Programme and relevant stakeholders
provides a basis for successful steps in the achievement
of the progressive realization of the right to adequate
housing as elaborated in the Habitat Agenda.
Together, this co-operation may indeed succeed in
making a significant contribution to building, as
the Istanbul Declaration asserts, "a world where
everyone can live in a safe home with the promise
of a decent life of dignity, good health, safety,
happiness and hope".
The
right to adequate housing as a human right is set
out in the following international human rights
covenants and conventions:
Article
25 (1) of the Universal Declaration on Human Rights;
Article 11 (1) of the International Covenant on
Economic, Social and Cultural Rights;
Article 27 (3) of the Convention on the Rights of
the Child;
Article 14 (h) of the Convention on the Elimination
of all Forms of Discrimination against Women;
Article 5 (c) of the Convention on the Elimination
of All Forms of Racial Discrimination;
Paragraph 61 of the Habitat Agenda (Second United
Nations Conference on Human Settlements, Habitat
II)
Clauses
relating to women and property rights are contained
in the following:
Universal Declaration of Human Rights;
International Covenant on Economic, Social and Cultural
Rights;
International Covenant on Civil and Political Rights;
Convention on the Elimination of All Forms of Discrimination
against Women;
Vienna Declaration and Programme of Action adopted
by the World Conference on Human Rights;
Beijing Declaration and Platform for Action of the
Fourth World Conference on Women;
Copenhagen Declaration on Social Development;
Programme of Action of the World Summit for Social
Development;
Habitat Agenda of the Second United Nations Conference
on Human Settlements (Habitat II)
Sub-Commission
on Prevention of Discrimination and Protection of
Minorities
Resolution 1997/19 (E/CN.4/Sub.2/RES/1997/19) on
"Women and the right to adequate housing and to
land, housing and property";
Resolution
1998/15 (E/CN.4/Sub.2/RES/1998/15) on "Women and
the right to land, housing and property and adequate
housing";
Resolution
1999/15 (E/CN.4/Sub.2/RES/1999/15) on "Women and
the right to development";
Commission
on the Status of Women
Resolution 42/1 (E/CN.6/1998/12) on
"Human rights and land rights discrimination";
Commission
on Human Rights
Resolution 2000/13 (E/CN.4/2000/13, 17 April 2000)
on "Women's equal ownership of, access to and control
over land and the equal rights to own property and
to adequate housing".
For
further information, please contact:
Sharad Shankardass, Spokesperson, or
Zahra A. Hassan,
Media & Press Relations Unit,
UNCHS (Habitat),
Tel: (254 2) 623153, 623151,
Fax: (254 2) 624060,
E-mail: habitat.press@unchs.org,
Website:www.unchs.org