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

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