18. States should eliminate inequalities in the housing status of persons
belonging to national minorities, including by taking measures to
reduce homelessness, address the general quality of housing,
combat housing segregation, create favourable financing conditions
for accessing adequate housing, and prevent discrimination on the
housing and rental markets.
The right to housing is recognized in human rights and minority rights instruments.105
The concepts of human dignity and non-discrimination are at the heart of the
realization of the right to housing and require that the right to housing be ensured
to all persons, irrespective of income or access to economic resources.106 Under
international law, references to “housing” should be understood as references
to “adequate housing”.107 Adequate housing is a precondition for inclusion and
societal integration that favours positive educational outcomes, improved health
status and access to employment opportunities.
Due to systemic discrimination and inequality, minorities may be more likely to
experience higher levels of homelessness, poorer quality of housing, and greater
vulnerability and insecurity in their housing status. Inadequate housing conditions
can have a devastating impact on health, and in the case of national minorities,
other forms of social exclusion can compound this effect. Where minority
communities live in clustered housing in peripheral areas, access to infrastructure,
such as shops, schools and hospitals, is often limited. Minority communities living
in segregated urban areas may have lower employment rates and incomes due to
a lack of employment opportunities and infrastructure in these areas.
States should regularly collect data concerning the housing status of national
minorities, including the housing status of minority women. States should formulate
and implement policies to reduce inequalities between minorities and majorities and
improve the housing conditions for national minorities. For instance, ensuring the
legal security of land tenure and tenancy helps to protect against forced eviction,
harassment and other threats which have been found to particularly affect Roma,
105 UDHR, article 25; ICESCR, article 11; and European Social Charter, article 31. See also: CESCR,
General Comment No. 4 on “Adequate Housing” (1991). For minority-specific instruments, see: Ljubljana
Guidelines, Guideline 40; and UN, Declaration on the Rights of Indigenous Peoples (UNDRIP), article 21
(2007). See also: FCNM AC, Commentary on Participation, paragraphs 57–60.
106 CESCR, General Comment No. 4: The Right to Adequate Housing (article 11 (1) of the Covenant),
paragraph 7 (1991) (General Comment No. 4: Adequate Housing).
107 CESCR, General Comment No. 4: Adequate Housing, paragraphs 7–8.
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