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7.
The Committee’s General Comment No. 4 (1991) identified some of the
principal issues which relate to this right:
In the first place, the right to adequate housing applies to
everyone, without restriction or distinction based on age, sex, family or
economic status, group or other affiliation or social status;
It should not be interpreted in a narrow or restrictive sense. It
must not be equated with a right simply to informal shelter, but has to
be interpreted as a right to live somewhere in security, peace and
dignity according to the principles governing the Universal Declaration
of Human Rights and the Covenant itself. As the Commission on Human
Settlements has stated, adequate shelter means adequate privacy, adequate
space, adequate security, adequate lighting and ventilation, adequate
basic infrastructure and adequate location with regard to work and basic
facilities - all at a reasonable cost.
8.
According to this interpretation, and on the basis of the concept of
adequacy, which alone makes it possible to determine whether a type of shelter
may be regarded as "adequate housing" within the meaning of article 11,
paragraph 1, of the Covenant, the Committee identified the criteria that must
be taken into consideration in any particular context. They include the
following:
Legal security of tenure, which guarantees legal protection against
eviction, harassment and any other threat;
Availability of services, materials, facilities and infrastructure
to guarantee health, security and comfort in dignified conditions;
Affordability: The financial cost of housing should be at such a
level that the satisfaction of other basic needs is not threatened or
compromised;
Habitability, i.e. the guarantee of protection from inclement
weather and risks of disease, as well as of physical safety;
Accessibility, particularly for disadvantaged and vulnerable
groups, which should be ensured some degree of priority in connection
with housing;
Location, which must facilitate access to employment options and
basic social services and be far from pollution sources that are harmful
to health;
Cultural adequacy.
9.
The right to adequate housing must be viewed in the light of the other
basic rights provided for in the International Bill of Human Rights and other
international instruments, including the right to freedom of association, the
right to privacy and the principle of non-discrimination.
10.
It is on this basis that the States parties to the International Covenant
on Economic, Social and Cultural Rights have submitted their reports to the