OFFICE OF THE HIGH COMMISSIONER
FOR HUMAN RIGHTS
The right to adequate housing (Art.11 (1)) : . 13/12/91.
CESCR General comment 4. (General Comments)
Convention
3.
Although
a
wide
variety
of
international
instruments address the different dimensions of
the right to adequate housing? article 11 (1) of the
Covenant is the most comprehensive and perhaps
Abbreviation: CESCR
GENERAL COMMENT
4
the most important of the relevant provisions.
The_right
to adequate housing
4.
(Art, 11 (1) of the Covenant)
{Sixth session, 1991)"
living, is of central importance for the enjoyment of
2.
The Committee has been able to accumulate a
large amount of information pertaining to this right.
Since 1979, the Committee and its predecessors
have examined 75 reports dealing with the right to
adequate housing. The Committee has also devoted
sessions (E/1990/23, paras. 281-285). In addition,
the Committee has taken careful note of information
generated by the International Year of Shelter for
the Homeless (1987) including the Global Strategy
for Shelter to the Year 2000 adopted by the General
Assembly in its resolution 42/191 of 11 December
also reviewed
developing
relevant
reports and other documentation of the Commission
on Human
Rights and the Sub-Commission
on
Prevention
of Discrimination
and
Protection
of
Minorities.?
international
there
are over
j
third Session, Supplement No. 8, on
Seay
2
Commission on Human Rights resolutions 1986/36
and 1987/22; reports by Mr. Danilo Turk, Specia| Rapporteur
of the Sub-Commission (E/CN.4/Sub.2/1990/19, paras. 108120; E/CN,4/Sub.2/1991/17,
paras. 137-139); see also SubCommission resolution 1991/26,
CHRP ECONOMIC, SOCIAL AND CULTURAL RIGHTS HANDBOOK
100
million
persons
homeless
worldwide and over 1 billion inadequately housed.‘
There is no indication that this number is decreasing.
It seems clear that no State party is free of significant
problems of one kind or another in relation to the
right to housing.
In some
instances, the reports of States parties
examined by the Committee have acknowledged
and described difficulties in ensuring the right to
adequate housing. For the most part, however, the
information provided has been Insufficient to enable
the Committee to obtain an adequate picture of the
situation
General
prevailing
in the
State
concerned.
This
Comment thus aims to identify some of the
principal issues which the Committee considers to be
important in relation to this right.
3
See, for example, article 25 (1) of the Universal
Declaration on Human Rights, article 5 (e) (iii) of the
on the Elimination of All Forms
article 14 (2) of the Convention
on the Elimination of All Forms of Discrimination against
Women, article 27 (3) of the Convention on the Rights of the
* Contained in document E/1992/23
18
the
countries which confront major resource
International Convention
of Racial Discrimination,
1
that
and other constraints, the Committee observes that
significant problems of homelessness and inadequate
housing also exist in some of the most economically
developed societies. The United Nations estimates
5.
a day of general discussion to the issue at each
of its third (see £/1989/22, para. 312) and fourth
has
fact
standards set in article 11 (1) of the Covenant and the
situation prevailing in many parts of the world. While
the problems are often particularly acute in some
that
all economic, social and cultural rights.
Committee
the
of full respect for the right to adequate housing,
there remains a disturbingly large gap between the
1,
Pursuant to article 11 (1) of the Covenant,
States parties “recognize the right of everyone to an
adequate standard of living for himself and his family,
including adequate food, clothing and housing, and
to the cantinuous improvement of living conditions”.
The human right to adequate housing, which is thus
derived from the right to an adequate standard of
1987.1 The
Despite
community has frequently reaffirmed the importance
Child, article
=
10 of the Declaration
on Social Progress and
Development, section Ill (8) of the Vancouver Declaration
on Human Settlements, 1976
i
itat;
Uni
publication, Sales No. E.76.1V.7 and Son
(United Nations
onean), chap. |),
article 8 (1) of the Declaration on the Right to Development
and the ILO Recommendation Conceming Workers’ Housing,
1961 (No. 115).
4
See footnote 1,