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6.
The right was subsequently reflected in article 11, paragraph 1, of the
International Covenant on Economic, Social and Cultural Rights, which
provides:
"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 ..."
7.
During debates and discussions in Nairobi, especially in the context of
the meetings of the Preparatory Committee for the United Nations Conference on
Human Settlements (Habitat II), several different arguments were apparently
advanced to support the proposition that no right to adequate housing has ever
been recognized in international law, despite the clear wording of these
provisions.
8.
The first argument was to the effect that these provisions recognize only
"a right to an adequate standard of living", but not a right to housing. This
argument is simply not tenable. In the first place, the Commission on Human
Rights, as well as the General Assembly and a host of other bodies, have
regularly referred to the right to housing in documents, legal instruments and
other texts between 1948 and today. The suggestion that there is no right to
housing has never before been asserted. Indeed, not a single report submitted
by any of the 131 States parties to the International Covenant on Economic,
Social and Cultural Rights has ever challenged, let alone denied, that there
is a separate and distinct right to adequate housing recognized in the
Covenant. It is very strange for this matter to have been raised for the
first time after well over 40 years of debate in which no such challenge has
ever been made.
9.
Secondly, if there is no right to housing based on these instruments then
there is, equally, neither a right to adequate food nor a right to clothing.
It is difficult to accept that this could possibly be the case given that the
resulting situation would directly contradict innumerable resolutions adopted
by every United Nations body from the General Assembly and the Economic and
Social Council to the Commission on Human Rights and many others.
10.
Thirdly, as a matter of logic, the right to an adequate standard of
living, the existence of which the argument seems to acknowledge, is clearly
composed of several elements. One of these is housing. If there is a right
to the overall package, there is clearly a right also to the component parts,
and thus also a right to housing.
11.
Fourthly, this argument would also apply in relation to many of the
central provisions of the International Covenant on Civil and Political
Rights. Suffice it to note that there is no reference in that instrument to a
"right to be free from torture", but merely a statement that "No one shall be
subjected to torture ...". It is thus apparent that the argument put forward
in Nairobi in relation to the right to housing is without any logical or legal
foundation.
12.
The second argument used by those disputing the existence of a right to
housing was that it is not part of customary law. While this proposition is
debatable, its acceptance means neither more nor less than that housing is on
a par with a wide range of other human rights which many international law