Women and the Right to Adequate Housing
| Author | Mignon Senders |
| Date | 01 June 1998 |
| DOI | 10.1177/092405199801600204 |
| Published date | 01 June 1998 |
| Subject Matter | Article |
Women and the Right to Adequate Housing
Mignon Senders'
Abstract
In August 1997, the United Nations Sub-Commission on Prevention
of
Discrimination and
Protection
of
Minorities adopted a resolution entitled 'Women
and
the right to adequate
housing and to land and property'. This resolution was the first
of
its kind. recognising
the specific problems that women encounter when pursuing their right to adequate
housing. This article deals with the legal foundations
of
the right to adequate housing in
United Nations instruments. Since women face particular problems with regard to this
right -direct violations such as discrimination but also problems as a result
of
poverty
and
their social position -these difficulties will be addressed. An overview is given
of
action that has been taken by various UN organs and bodies. especially the Committee on
Economic. Social and Cultural Rights and the Committee on the Elimination
of
Discrimination Against Women. The adopted Sub-Commission resolution is dealt with in
detail.
I The Right to Adequate Housing
The right to adequate housing has been internationally recognised since the adoption
of
the Universal Declaration
of
Human Rights in 1948. Article 25
of
the Universal
Declaration is one
of
the first international codifications
of
the human right to housing.
Since then, the right to housing has been incorporated into a number
of
international
human rights instruments.
A. International Human Rights Instruments
The most important codification
of
the right to adequate housing is found in the
International Covenant on Economic, Social and Cultural Rights. IArticle
II
of
the
Covenant, which is based on Article 25
of
the Universal Declaration, recognises
'the
right
of
everyone to an adequate standard
of
living for himself and
of
his family, including
adequate food, clothing and housing," As far as the justiciability
of
the right to housing
in the Covenant is concerned, a few core components can be identified which are
justiciable and could be subject to judicial consideration.' Many States Parties have even
formally recognised the right to housing in their constitutions" or in domestic legislation.
The author is a legal researcher at the Netherlands Institute of Human Rights (SIM). Developments on the
subject have been taken into account, until the adoption of Sub-Commission Resolution 1997/16.
International Covenant on Economic, Social and Cultural Rights, 16 December 1966 (United Nations Treaty
Series, Vol. 993, p. 3). The Covenant entered into force on 3 January 1976 and has been ratified by 137
States.
Italics supplied - MS.
See S. Leckie, 'The Justiciability
of
Housing Rights', in: F. Coomans and F. van Hoof (eds), The Right 10
Complain about Economic. Social and Cultural Rights, SIM SpecialNo. 18, SIM, Utrecht, 1995, pp. 68-75.
See for a detailed overview
of
provisions in 53 national constitutions throughout the world: UN Doc.
E/CNA/Sub.211994120, Theright to adequate housing. Second progress report submitted by Mr. Rajindar
Sachar, Special Rapporteur, 21 June 1994, Annex I: 'Constitutional sources
of
housing rights'. pp. 40-56.
Netherlands Quarterly
of
Human Rights. Vol
1612.
175-200. 1998.
CC':'
Netherlands Institute
of
Human Rights (SIMi. Printed in the Netherlands. 175
NQHR
2/1998
The most relevant provision in the various UN human rights treaties concerning women
and housing is Article 14
of
the Convention on the Elimination
of
All Forms
of
Discrimination Against Women.5It deals with the problems faced by rural women and
the significant roles which rural women play in the economic survival
of
their families in
paragraph (2)(h), drawing attention to the housing needs
of
rural women. Article 14 calls
on States Parties to take all appropriate measures to eliminate discrimination against
women in rural areas, and to ensure the right to enjoy 'adequate living conditions,
particularly in relation to housing.' sanitation, electricity and water supply, transport and
communications'. This provision has crucial possibilities to address the right to adequate
housing as it relates to women, since it establishes an essential link between discrimination
against women and their difficulties in realising the right to adequate housing, including
the right to land and property.'
B. Non-Binding Instruments
In addition to the provisions in legally binding instruments, the right to housing has also
been incorporated in many declarations, plans
of
action, agendas, and other instruments
of
UN organs, bodies and specialised agencies. First
of
all, attention has been given to
shelter and housing issues at several United Nations conferences. In 1976, the first United
Nations Conference on Human Settlements was held in Vancouver, Canada. On 11 June
1976, the Vancouver Declaration on Human Settlements and the Vancouver Action
PlanS
were adopted by the Conference. Section III (8) provides that:
•Adequate shelter and services are a basic human right which places an obligation on
governments to ensure their attainment by all people, beginning with direct assistance to the
least advantaged through guided programmes
of
self-help and community-action. Governments
should endeavour to remove all impediments hindering attainment
of
these goals.
Of
special
importance is the elimination
of
social and racial segregation, inter alia, through the creation
of
better balanced communities, which blend different social groups, occupations, housing and
amenities.
,9
It was further stated that, in striving to uphold that right, priority must be given to the
needs
of
the poor, the homeless and the most vulnerable groups
of
society.10 In addition,
it said:
Convention on the Elimination
of
All Forms
of
Discrimination Against Women, 18 December 1979 (United
Nations Treaty Series, Vol. 1249, p. 13). The Convention entered into force on 3 September 1981 and has
been ratified by 161 States.
Italics supplied - MS.
In addition to theseprovisions, the prohibition of racial discrimination with regardto the right to housing
is reinforced by Article 5 of the International Convention on the Elimination of All Forms of Racial
Discrimination. The special needs of children with regard to housing are addressedin theConvention on the
Rights of the Child, which was adopted in 1989, in Article 27(3). See for more details on the right to
adequate housing in international instruments: S. Leckie, From Housing Needs to Housing Rights: An
Analysis
of
the Right to Adequate Housing Under International Human Rights Law, Human Settlements
Programme International Institute for Environment and Development, London, 1992.
Vancouver Declaration on Human Settlements and the VancouverAction Plan, in: UN Doc. AlCONF.165/
PC.I/INF.8, 12 April 1994.
S. Leckie, 'The UN Committee on Economic, Social and Cultural Rights and the Right to AdequateHousing:
Towards an Appropriate Approach', Human Rights Quarterly, Vol. 11, 1989, p. 523, note 7.
10 Vancouver Declaration, op.cit. (note 8), Chapter I.
176
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