The International Covenant on Economic, Social and Cultural Rights
determining whether particular forms of shelter can be considered to
constitute “adequate housing” for the purposes of the Covenant. While
adequacy is determined in part by social, economic, cultural, climatic,
ecological and other factors, the Committee believes that it is nevertheless
possible to identify certain aspects of the right that must be taken into
account for this purpose in any particular context. They include the
following:
(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;
(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. Personal 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
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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 Principles of Housing prepared by the 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 mortality and
morbidity rates;
(e) Accessibility. Adequate housing must be accessible to those entitled
to it. Disadvantaged groups must be accorded full and sustainable access
to adequate housing resources. Thus, such disadvantaged groups as the
elderly, children, the physically disabled, the terminally ill, HIV-positive
individuals, persons with persistent medical problems, the mentally ill,
victims of natural disasters, people living in disaster-prone areas and other
groups should be ensured some degree of priority consideration in the
housing sphere. Both housing law and policy should take fully into account
the special housing needs of these groups. Within many States Parties,
increasing access to land by landless or impoverished segments of the
society should constitute a central policy goal. Discernible governmental
obligations need to be developed aiming to substantiate the right of all to
a secure place to live in peace and dignity, including access to land as an
entitlement;
(f) Location. Adequate housing must be in a location which allows access
to employment options, health-care services, schools, child-care centres
and other social facilities. This is true both in large cities and in rural areas
where the temporal and financial costs of getting to and from the place of
work can place excessive demands upon the budgets of poor households.
Similarly, housing should not be built on polluted sites nor in immediate
proximity to pollution sources that threaten the right to health of the
inhabitants;
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