A/HRC/14/30
providers.49 The Special Rapporteur on adequate housing as a component of the right to an
adequate standard of living, and on the right to non-discrimination in this context has
received testimonies from migrant workers who did not have access to quality housing and
who were forced to live in informal dwellings, on construction sites or in overcrowded
houses, or to rent beds by the hour.50
45.
Migrants may be subject to indirect discrimination in that certain criteria for
accessing rental housing may have a disproportionate impact on them. For example, where
landlords demand rental, credit or employment history records as part of applications for
housing, newly-arrived migrants are at disadvantage as they do not have such records in the
host State.51 The use of such criteria may constitute discrimination where they have a
disproportionate impact on individuals on the grounds of citizenship or immigration
status.52 In addition, newly-arrived migrants who do not speak the language of the host
State may find it difficult to acquire information on the laws, contracts and other
obligations relating to housing, as well as on governmental or community housing support.
46.
Given their limited access to housing through the private market, it is of concern that
migrants often do not enjoy the safety net provided by social housing in many countries,
especially where there is a shortage of social housing in general.53 Certain categories of
migrants, such as holders of temporary visas, may not be entitled to social housing,54 or
migrants may be considered less desirable applicants than citizens.55 In some countries, the
acquisition of citizenship is a requirement for renting social housing,56 which prevents
newly-arrived migrants, including those in destitute situations, from gaining access to social
housing.
47.
Challenges in accessing adequate housing are even greater for irregular migrants; it
is extremely difficult for them to rent private properties of good quality. The Special
Rapporteur observed during his country missions that irregular migrant workers are often
homeless or living in crowded, unsafe and unsanitary conditions.57 The difficulties are
amplified in countries where the irregular presence of migrants is a criminal offence,58 and
there are obligations to “denounce” irregular migrants. In some countries, it is in fact a
criminal offence to let accommodation to irregular migrants.59
48.
Further, irregular migrants often face practical obstacles in renting. For instance,
landlords may require a variety of documentation, such as proof of residential registration,
49
50
51
52
53
54
55
56
57
58
59
GE.10-12615
Ibid., p. 61.
Report of the Special Rapporteur on adequate housing, Mission to Spain (A/HRC/7/16/Add.2), para.
74; see also Mission to the United States of America (A/HRC/13/20/Add.4).
Network of Immigrant and Refugee Women Australia Inc., “Housing and homelessness: challenges
for immigrant and refugee women, follow-up report” (2009), p. 17.
Ontario Human Rights Commission, Policy, pp. 61–62.
Cholewinski, Study on Obstacles (see footnote 6), p. 34.
See for example Network of Immigrant and Refugee Women Australia Inc., “Housing and
homelessness”, p. 11.
See for example A. Chrzanowska, K. Wencel and M. Fagasinski, “Poland: a migration crossroad”, in
Social Watch, European Report 2009 – Migrants in Europe as Development Actors: Between Hope
and Vulnerability (Brussels, 2009), p. 73.
Rebecca Van Parys and Nele Verbruggen, “Report on the housing situation of undocumented
migrants in six European countries: Austria, Belgium, Germany, Italy, the Netherlands and Spain”
(Platform for International Cooperation on Undocumented Migrants, 2004), p. 24.
See for example the report of the Special Rapporteur on the human rights of migrants, mission to the
United States of America (A/HRC/7/12/Add.2), para. 89.
See for example Van Parys and Verbruggen, “Housing situation”, p. 24.
“Criminalisation of Migration in Europe” (see footnote 9), p. 26.
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