- 149 - experts would not yet characterize as being part of customary law. They include: the right to freedom of association, the right to democracy (as it is commonly termed), freedom of religion, privacy, due process rights and various workers’ rights, including the prohibition of exploitative child labour, etc. The list of non-customary rights is a very long one, if we accept for example the approach reflected in the American Law Institute’s Third Restatement of the Foreign Relations Law of the United States (para. 702). But this argument has never been raised by the State(s) which challenge the right to housing when they themselves have sought to insist on the need for other States to respect these human rights, even though they might not be bound by relevant treaty obligations or by traditional interpretations of customary law. There is therefore no basis in law, policy or practice for the suggestion that the absence of a right from the list of customary norms is sufficient reason for any reference to that norm to be excluded from United Nations documents. 13. A third argument used was to the effect that the domestic law of certain States has never recognized a right to housing. This may well be the case, but there are two important qualifications to be noted. The first is that the International Convention on the Elimination of All Forms of Racial Discrimination, to which the great majority of States are parties, refers explicitly to "the right to housing". While this applies only to an obligation not to discriminate in relation to that right, it constitutes an unequivocal recognition of the right per se. Secondly, the fact that municipal law in one or more States does not recognize a given right as a human right for the purposes of domestic law is no reason to oppose any reference to it in an international document. 14. The final argument apparently put forward was that a right to housing would be incompatible with the "enablement" approach reflected in the United Nations Global Strategy for Shelter to the Year 2000. This argument could only be plausible if the right to housing were radically misinterpreted so as to equate it with an obligation upon a Government actually to provide every individual with housing. Such a proposition could only be advanced from the vantage point of great ignorance of the international human rights framework and of the views consistently expressed by the Committee on Economic, Social and Cultural Rights. 15. In assessing the arguments put forward against the existence of a right to adequate housing it is necessary also to bear in mind the implications of such a position for the overall development of international law in the human rights field. Many States have responded in an appropriately firm and uncompromising manner to suggestions by a few observers that some of the rights contained in the Universal Declaration of Human Rights and in the International Bill of Human Rights are not "really" human rights. These assaults on the principle of universality have correctly been rebuffed, and the Vienna Declaration and Programme of Action adopted by the World Conference on Human Rights was clear and unequivocal in its affirmation of the principles involved. It is extraordinary, however, that those who challenge the existence of a right to housing seem to be engaging in precisely such an assault, albeit in relation to a different human right. Denying the existence of one of the long-recognized human rights is a strategy fraught with danger and one which cannot help but undermine the international legal regime. It is one thing for a given State to insist that it does not recognize for itself an

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