6.
The
right
to
adequate
housing
applies
to
everyone. While the reference to “himself and his
family" reflects assumptions as to gender roles and
economic
activity
patterns
commonly
accepted
in
1966 when the Covenant was adopted, the phrase
cannot be read today as implying any limitations
upon the applicability of the right to individuals or
to female-headed households or other such groups.
Thus, the concept of “family” must be understood in
a wide sense. Further, individuals, as well as families,
are entitled to adequate housing regardless of age,
economic status, group or other affiliation or status
and other such factors. In particular, enjoyment of
(a) Legal
security
of tenure. Tenure takes a variety
of
forms,
including
rental
(public
and
private)
accommodation, cooperative housing, lease, owneroccupation,
emergency
housing
and_
informal
settlements, including occupation of land or property.
Notwithstanding the type of tenure, all persons should
possess a degree of security of tenure which guarantees
legal protection against forced eviction, harassment and
other threats. States parties should consequently take
immediate measures aimed at conferring legal security
of tenure upon those persons and households currently
lacking such protection, in genuine consultation with
affected persons and groups;
this right must, in accordance with article 2 (2) of the
Covenant, not be subject
to any form of discrimination.
7.
In the Committee's view, the right to housing
should not be interpreted in a narrow or restrictive
sense which equates it with, for example, the shelter
provided by merely having a roof over one's head
or views Shelter exclusively as a commodity. Rather
it should be seen as the right to live somewhere in
security, peace and dignity. This is appropriate for
at least two reasons. In the first place, the right to
housing is integrally linked to other human rights
and to the fundamental principles upon which the
Covenant is premised. This “the inherent dignity
of the human person” from which the rights in the
Covenant are said to derive requires that the term
“housing” be interpreted so as to take account of
a variety of other considerations, most importantly
that the right to housing should be ensured to all
persons irrespective of income or access to economic
resources. Secondly, the reference in article 11 (1)
must be read as referring not just to housing but to
adequate housing. As both the Commission on Human
Settlements and the Global Strategy for Shelter to the
Year 2000 have 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.
Thus the concept of adequacy is particularly
significant in relation to the right to housing since
it serves
to underline
a number
of factors
which
must be taken into account in determining whether
particular forms of shelter can be considered to
constitute
“adequate
housing”
for
the
purposes
(b) Availability of services, materials, facilities and
infrastructure. An adequate house must contain certain
facilities essential for health, security, comfort and
nutrition,
All
beneficiaries
of
the
right
to
adequate
housing should have sustainable access to natural and
common resources, safe drinking water, energy for
cooking, heating and lighting, sanitation and washing
facilities, means of food storage, refuse disposal, site
drainage and emergency services;
(c)
Affordability. Persona! or household financial costs
associated with housing should be at such a level that
the attainment and satisfaction of other basic needs
are not threatened or compromised. Steps should be
taken by States parties to ensure that the percentage
of housing-related costs is, in general, commensurate
with
income
levels.
States
parties should
establish
housing subsidies for those unable to obtain affordable
housing, as well as forms and levels of housing finance
which adequately reflect housing needs. In accordance
with the principle of affordability, tenants should be
protected by appropriate means against unreasonable
rent levels or rent increases. In societies where natural
materials constitute the chief sources of building
materials for housing, steps should be taken by States
parties to ensure the availability of such materials:
(d)
Habitability. Adequate housing must be habitable,
in terms of providing the inhabitants with adequate
space and protecting them from cold, damp, heat, rain,
wind or other threats to health, structural hazards, and
disease vectors. The physical safety of occupants must
be guaranteed as well. The Committee encourages
States
parties
to
comprehensively
apply
the
Health
and other factors, the Committee believes that it is
nevertheless possible to identify certain aspects of
Principles
of Housing? prepared by WHO which view
housing as the environmental factor most frequently
associated with conditions for disease in epidemiological
analyses; i.e. inadequate and deficient housing and
living conditions are invariably associated with higher
the
mortality and morbidity rates;
the Covenant. While adequacy
by social,
right
Purpose
following:
economic,
that
in any
must
cultural,
be
taken
is determined
climatic,
into
particular context.
in part
ecological
account
They
of
for
this
include
the
5
Geneva, World Health Organization, 1990.
GENERAL COMMENTS AND STareMENTs 19