A/HRC/14/30
40.
The right to adequate housing is an integral component of the right to an adequate
standard of living, as recognized in article 11, paragraph 1, of the International Covenant on
Economic, Social and Cultural Rights. Pursuant to this provision, States have obligations to
take progressive measures to the extent of available resources, individually and through
international assistance, to respect, protect and promote the right of everyone to adequate
housing, regardless of their citizenship. Article 5 of the International Convention on the
Elimination of All Forms of Racial Discrimination also guarantees this right without
distinction as to race, colour, or national or ethnic origin (art. 5 (e)), and the Committee on
the Elimination of Racial Discrimination affirmed that discrimination on the basis of
citizenship is prohibited.44 Under article 64, paragraph 1, of the Convention on Migrant
Workers, States are also obliged to promote “sound, equitable and humane conditions” in
connection with international migration, which arguably implies the right to adequate
housing for all migrant workers. Regular migrant workers are also specifically guaranteed
equal treatment in access to housing, including social housing schemes, and protection
against exploitation in respect of rents under article 43, paragraph 1, of the Convention.
41.
In analysing the challenges faced by migrants in the enjoyment of this right, it is
important to note that the right to adequate housing is not a right to mere shelter, but the
right to live in a safe, peaceful and dignified environment.45 Whether or not housing is
adequate is contingent on a number of elements, including, inter alia, the security of tenure,
affordability, accessibility, location and availability of services, facilities and infrastructure.
In the context of migrants, the attention of the Special Rapporteur has been drawn to
challenges in accessibility and the security of tenure, owing to migrants’ vulnerable status
as non-nationals.
A.
Challenges in accessibility
42.
The principle of non-discrimination and equality plays a key role in ensuring that
adequate housing is accessible to those entitled to it. In this regard, the Committee on
Economic, Social and Cultural Rights has underlined that priority consideration should be
afforded to disadvantaged groups to ensure full and sustainable access to adequate
housing.46
43.
In practice, however, a variety of challenges remain to be tackled in fully realizing
this element of the right to adequate housing. In the private housing market, discrimination
often inhibits migrants’ access to adequate housing. Discrimination may be direct in the
sense that some housing advertisements may explicitly indicate that certain groups of
individuals are not desired as tenants or state preferences for nationals with permanent
jobs.47 There are also reports that individuals identified or perceived to be from certain
ethnic and religious groups have been subjected to discrimination in the private rental
housing market, particularly since the attacks of 11 September 2001.48
44.
Discrimination in housing may also result from poverty and economic
marginalization. Migrants, who may experience marginalization in the labour market and
often have difficulties in securing stable jobs with reasonable pay, are often relegated to a
lower socio-economic status and may be subject to differential treatment by housing
44
45
46
47
48
12
Committee on the Elimination of Racial Discrimination, general recommendation No. 30, para. 32.
Committee on Economic, Social and Cultural Rights, general comment No. 4, para. 7.
Ibid., para. 8 (e).
See Committee on the Elimination of Racial Discrimination, communication No. 18/2000, F.A. v.
Norway, Decision on Admissibility adopted on 21 March 2001.
Ontario Human Rights Commission, Policy on Human Rights and Rental Housing (2009), p. 19.
GE.10-12615