HOUSING RIGHTS
(4) to fulfil rights through public expenditure and regulation, including the
provision of public housing, social security payments and services and
infrastructure.
Beyond these individual state duties there is the general obligation of all
countries to provide international assistance and cooperation to secure realization of
the right.13 Since at least the Vienna Conference and Declaration on Human Rights
in 1993, it has now been accepted that the obligation to provide international
assistance and cooperation also implies a concrete right to development.14
The core components of the right to housing are: legal security of tenure,
availability of services, materials, facilities and infrastructure, affordability, habitability, accessibility, location and cultural adequacy. Thus the right to housing means
more than basic shelter; it means the right to live in peace, security and dignity.15
These factors have particular resonance for minority and indigenous groups.
In contrast to housing, land rights are not explicitly mentioned in any major
human rights instrument. However, the Human Rights Committee (HRC) has
expressly stated that the general minority rights provision of Article 27 of the
ICCPR should encompass the use of land resources,16 particularly in relation to
indigenous people.17 This has resulted in some litigation,18 whilst CERD has provided similar recognition.19 Among the few provisions to expressly refer to land rights
are Articles 14–19 of the ILO’s Indigenous and Tribal Peoples Convention (No.
169). This recognizes the particular affinity between indigenous peoples and the
land, and requires states to establish adequate procedures within their national legal
systems to resolve land claims, together with compensation in the case of forced
removal. The general issue of providing suitable restitution for loss of housing and
land when people are forced to flee through conflict or as a result of persecution
remains a major challenge for many minority groups and indigenous people.20
Property rights are found in many of the international and regional instruments
(although not the two Covenants), reflecting their historic status as a core aspect of
civil liberties,21 and can therefore also be used to ground claims.
The UN has estimated that there are over 100 million persons homeless
worldwide, many of whom have been forcibly evicted, and over one billion
inadequately housed. The CESCR has concluded: ‘It seems clear that no State
party is free of significant problems of one kind or another in relation to the right
to housing.’ 22
Enforcement mechanisms
The mechanisms available to those seeking to protect housing and land rights vary.
The UN Special Rapporteur on Housing is empowered to carry out country visits;
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