SPC/Women10/Workshop 11/Paper 1
April 2007
ORIGINAL: ENGLISH
th
(Noumea, New Caledonia, 27-31 May, 2007)

SPC/Women10/Workshop 11/Paper 1
April 2007
Legal sources for the right to adequate housing
INTERNATIONAL TREATIES
International Covenant on Economic, Social and Cultural Rights (1966)
Article 2.2:
“The States Parties to the present Covenant undertake to guarantee that the rights enunciated in the present Covenant will be exercised without discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.”
Article 3:
“The States Parties to the present Covenant undertake to ensure the equal right of men and women to the enjoyment of all economic, social and cultural rights set forth in the present
Covenant.”
Article 11.1:
"The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing and to the continuous improvement of living conditions. The States Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international cooperation based on free consent".
International Covenant on Civil and Political Rights (1966)
Article 2.1:
“Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.”
Article 3:
“The States Parties to the present Covenant undertake to ensure the equal right of men and women to the enjoyment of all civil and political rights set forth in the present Covenant.”
Article 9.1:
“Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law.”
Article 16:
“Everyone shall have the right to recognition everywhere as a person before the law.”
Article 17.1:
“No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation.”
Pacific Regional Consultation with the SRAH: Women’s Right to Land and Adequate Housing,
Nadi, Fiji, 12-15 Oct 2004
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SPC/Women10/Workshop 11/Paper 1
April 2007
Legal sources for the right to adequate housing
Article 23.4:
“States Parties to the present Covenant shall take appropriate steps to ensure equality of rights
Article 26: and responsibilities of spouses as to marriage, during marriage and at its dissolution. In the case of dissolution, provision shall be made for the necessary protection of any children.”
“All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.”
Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment
(1987)
Article 16.1:
“Each State Party shall undertake to prevent in any territory under its jurisdiction other acts of cruel, inhuman or degrading treatment or punishment which do not amount to torture as defined in article
I, when such acts are committed by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. In particular, the obligations contained in articles 10, 11, 12 and 13 shall apply with the substitution for references to torture of references to other forms of cruel, inhuman or degrading treatment or punishment.”
Convention on the Elimination of All Forms of Racial Discrimination (1965)
Article 3:
“States Parties particularly condemn racial segregation and apartheid and undertake to prevent, prohibit and eradicate all practice of this nature in territories under jurisdiction.”
Article 5:
"In compliance with the fundamental obligations laid down in article 2 of this Convention,
States Parties undertake to prohibit and eliminate racial discrimination in all of its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights:
(b) The right to security of person and protection by the State against violence or bodily harm, whether inflicted by government officials or by any individual group or institution;
(d) (i) The right to freedom of movement and residence within the border of the State;
(d) (v) The right to own property alone as well as in association with others;
(d) (vi) The right to inherit;
(e) (iii) The right to housing;”
Convention on the Elimination of All Forms of Discrimination Against Women (1979)
Pacific Regional Consultation with the SRAH: Women’s Right to Land and Adequate Housing,
Nadi, Fiji, 12-15 Oct 2004
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SPC/Women10/Workshop 11/Paper 1
April 2007
Legal sources for the right to adequate housing
Article 1:
“For the purposes of the present Convention, the term "discrimination against women" shall mean any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women irrespective of their marital
Article 2: status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field.”
“States Parties condemn discrimination against women in all its forms, agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women and, to this end, undertake:
Article 3:
(f) To take all appropriate measures, including legislation, to modify or abolish existing laws, regulations, customs and practices which constitute discrimination against women;”
Article 5:
“States Parties shall take in all fields, in particular in the political, social, economic and cultural fields, all appropriate measures, including legislation, to ensure the full development and advancement of women, for the purpose of guaranteeing them the exercise and enjoyment of human rights and fundamental freedoms on a basis of equality with men.”
“States Parties shall take all appropriate measures:
(a) To modify the social and cultural patterns of conduct of men and women, with a view to achieving the elimination of prejudices and customary and all other practices which are based on the idea of the inferiority or the superiority of either of the sexes or on stereotyped roles for men and women;
Article 13:
“States Parties shall take all appropriate measures to eliminate discrimination against women in other areas of economic and social life in order to ensure, on a basis of equality of men and women, the same rights, in particular:
(a) The right to family benefits;
(b) The right to bank loans, mortgages and other forms of financial credit;
Article 14.2:
"States Parties shall take all appropriate measures to eliminate discrimination against women in rural areas in order to ensure, on a basis of equality of men and women, that they participate in and benefit from rural development and, in particular, shall ensure to such women the right to enjoy adequate living conditions, particularly in relation to housing, sanitation, electricity and water supply, transport and communications".
Article 15:
“2. States Parties shall accord to women, in civil matters, a legal capacity identical to that of men and the same opportunities to exercise that capacity. In particular, they shall give women equal
Pacific Regional Consultation with the SRAH: Women’s Right to Land and Adequate Housing,
Nadi, Fiji, 12-15 Oct 2004
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SPC/Women10/Workshop 11/Paper 1
April 2007
Legal sources for the right to adequate housing rights to conclude contracts and to administer property and shall treat them equally in all stages of procedure in courts and tribunals.
3. States Parties agree that all contracts and all other private instruments of any kind with a legal effect which is directed at restricting the legal capacity of women shall be deemed null and void.
4. States Parties shall accord to men and women the same rights with regard to the law relating to the movement of persons and the freedom to choose their residence and domicile.”
Article 16.1:
“States Parties shall take all appropriate measures to eliminate discrimination against women in all matters relating to marriage and family relations and in particular shall ensure, on a basis of equality of men and women:
(c) The same rights and responsibilities during marriage and at its dissolution;
(h) The same rights for both spouses in respect of the ownership, acquisition, management, administration, enjoyment and disposition of property, whether free of charge or for a valuable consideration.”
Convention of the Rights of the Child (1989)
Article 1:
“For the purposes of the present Convention, a child means every human being below the age of eighteen years unless under the law applicable to the child, majority is attained earlier.”
Article 16.1:
"No child shall be subjected to arbitrary or unlawful interference with his or her privacy, family, home or correspondence, nor to unlawful attacks on his or her honour and reputation".
Article 27.3:
"States Parties in accordance with national conditions and within their means shall take appropriate measures to assist parents and others responsible for the child to implement this right and shall in case of need provide material assistance and support programmes, particularly with regard to nutrition, clothing and housing".
Convention relating to the Status of Refugees (1951)
Article 21:
"As regards housing, the Contracting States, in so far as the matter is regulated by laws or regulations or is subject to the control of public authorities, shall accord refugees lawfully staying in their territory treatment as favourable as possible and, in any event, not less favourable than that accorded to aliens generally in the same circumstances".
Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families
(1990)
Article 43.1 (d):
Pacific Regional Consultation with the SRAH: Women’s Right to Land and Adequate Housing,
Nadi, Fiji, 12-15 Oct 2004
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SPC/Women10/Workshop 11/Paper 1
April 2007
Legal sources for the right to adequate housing
"Migrant workers shall enjoy equality of treatment with nationals of the State of employment in relation to ... (d) Access to housing, including social housing schemes, and protection against exploitation in respect of rents".
Pacific Regional Consultation with the SRAH: Women’s Right to Land and Adequate Housing,
Nadi, Fiji, 12-15 Oct 2004
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SPC/Women10/Workshop 11/Paper 1
April 2007
Legal sources for the right to adequate housing
INTERNATIONAL DECLARATIONS, CONSENSUS DOCUMENTS AND RECOMMENDATIONS
Universal Declaration of Human Rights (1948)
Article 2:
”Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.”
Article 16:
”1. Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.
2. Marriage shall be entered into only with the free and full consent of the intending spouses.
3. The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.”
Article 17:
”1. Everyone has the right to own property alone as well as in association with others.
2.No one shall be arbitrarily deprived of his property.”
Article 25.1:
"Everyone has the right to a standard of living adequate for the health and well-being of himself and 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".
Beijing Platform for Action (1995)
Para 58(m):
“Enable women to obtain affordable housing and access to land by, among other things, removing all obstacles to access, with special emphasis on meeting the needs of women, especially those living in poverty and female heads of household;”
Global Strategy for Shelter to the Year 2000 (1988)
United Nations Global Strategy for Shelter to the Year 2000, adopted by the United Nations General
Assembly in resolution 43/181 on 20 December 1998. Point 13 states:
"The right to adequate housing is universally recognized by the community of nations…All nations without exception, have some form of obligation in the shelter sector, as exemplified by their creation of ministries or housing agencies, by their allocation of funds to the housing sector, and by
7 Pacific Regional Consultation with the SRAH: Women’s Right to Land and Adequate Housing,
Nadi, Fiji, 12-15 Oct 2004

SPC/Women10/Workshop 11/Paper 1
April 2007
Legal sources for the right to adequate housing their policies, programmes and projects. All citizens of all States, poor as they may be, have a right to expect their Governments to be concerned about their shelter needs, and to accept a fundamental obligation to protect and improve houses and neighbourhoods, rather than damage or destroy them".
Agenda 21 (UNCED, 1992)
Agenda 21, adopted at the United Nations World Conference on Environment and Development (UNCED) held in Rio de Janeiro, Brazil, in June 1992. Chapters 7.6, 7.9 (b), 7.9 (c), 7.30 (f) state, respectively:
"Access to safe and healthy shelter is essential to a person’s physical, psychological…
The Istanbul Declaration and Habitat Agenda: Commitments to Housing Rights
(A/CONF.147/18)
(1996)
Para. 26:
“We reaffirm our commitment to ensuring the full realization of the human rights set out in international instruments and in particular, in this context, the right to adequate housing.”
Para. 39:
“We recognize an obligation by Governments to enable people to obtain shelter and to protect and improve dwellings and neighbourhoods. … We shall implement and promote this objectives in a manner fully consistent with human rights standards.”
Para. 40 (b):
Governments to providing legal security of tenure and equal access to land to all people, including women and those living in poverty
Para. 61:
“Governments should take appropriate action in order to promote, protect and ensure the full and progressive realization of the right to adequate housing.”
Para. 78 (e):
States are called upon to undertake legislative and administrative reforms to give women full and equal access to economic resources, including the right to inheritance and to ownership of land and other property, credit, natural resources and appropriate technology. States are also called upon to support community projects, policies and programmes that aim to remove all barriers to women’s access to affordable housing and property ownership, economic resources, infrastructure and social services and ensure the full participation of women in all decision-making processes
Para. 78 (g):
States are requested to promote mechanisms for the protection of women who risk losing their homes upon the death of their husbands
Pacific Regional Consultation with the SRAH: Women’s Right to Land and Adequate Housing,
Nadi, Fiji, 12-15 Oct 2004
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SPC/Women10/Workshop 11/Paper 1
April 2007
Legal sources for the right to adequate housing
Declaration on Cities and Other Human Settlements in the New Millennium (General Assembly resolution S-25/2), (Review the implementation of the Habitat Agenda)
(2001)
Para. 44:
The promotion of gender equality as an effective way to combat poverty.
Para. 32:
The promotion of changes in attitudes, structures, policies, laws and practices that form obstacles to gender equality.
Paras. 45 and 49:
The promotion of greater security of tenure for the poor and vulnerable and of continued legislative, administrative and social reforms to give women “full and equal access to economic resources” and the “right to security of tenure and to enter into contractual agreements”
World Summit on Social Development Plan of Implementation
Para 67b: (to be inputted)
International Labour Organization Recommendation No. 115 concerning Worker’s Housing (1961)
Paragraph 2:
"It should be an objective of national [housing] policy to promote, within the framework of general housing policy, the construction of housing and related community facilities with a view to ensuring that adequate and decent housing accommodation and a suitable living environment are made available to all workers and their families. A degree of priority should be accorded to those whose needs are most urgent".
Section III (Responsibility of Public Authorities), paragraph 8.2 (b) states:
"The responsibilities of the central body should include formulating workers’ housing programmes, such programmes to include measures for slum clearance and the re-housing of occupiers of slum dwellings".
Section VI (Housing Standards), paragraph 19 states:
"As a general principle, the competent authority should, in order to ensure structural safety and reasonable levels of decency hygiene and comfort, establish minimum housing standards in the light of local conditions and take appropriate measures to enforce these standards".
Suggestions Concerning Methods of Application, Section I, paragraph 5, states:
"The competent authorities should give special attention to the particular problem of housing migrant workers and, where appropriate, their families, with a view to achieving as rapidly as possible equality of treatment between migrant workers and national workers in this respect".
Declaration on the Rights of Disabled Persons (1975)
Pacific Regional Consultation with the SRAH: Women’s Right to Land and Adequate Housing,
Nadi, Fiji, 12-15 Oct 2004
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SPC/Women10/Workshop 11/Paper 1
April 2007
Legal sources for the right to adequate housing
The Declaration on the Rights of Disabled Persons, proclaimed by the General Assembly resolution 3447
(XXX) of 9 December 1975. Article 9 states:
"Disabled persons have the right to live with their families or with foster parents and to participate in all social, creative or recreational activities. No disabled person shall be subjected, as far as his or her residence is concerned, to differential treatment other than that required by his or her condition or by the improvement which he or she may derive therefrom. If the stay of a disabled person in a specialized establishment is indispensable, the environment and living conditions therein shall be as close as possible to those of the normal life of a person of his or her age".
Pacific Regional Consultation with the SRAH: Women’s Right to Land and Adequate Housing,
Nadi, Fiji, 12-15 Oct 2004
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