The International Covenant on Economic, Social and Cultural Rights
(g) Cultural adequacy. The way housing is constructed, the building
materials used and the policies supporting these must appropriately enable
the expression of cultural identity and diversity of housing. Activities
geared towards development or modernization in the housing sphere
should ensure that the cultural dimensions of housing are not sacrificed,
and that, inter alia, modern technological facilities, as appropriate are also
ensured.
Regarding the challenge in ensuring Right to Housing, CESCR General
Comment 4 states, ‘Despite the fact that the international community
has frequently reaffirmed the importance of full respect for the right to
adequate housing, there remains a disturbingly large gap between the
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 developing countries which confront major resource 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 that
there are over 100 million persons homeless worldwide and over 1 billion
inadequately housed.
Right to shelter is also enshrined in various international human rights
instruments that include: the Universal Declaration of Human Rights
(UDHR); the Convention on the Rights of the Child-CRC (article 27, para.
3); the non-discrimination provisions found in article 14, paragraph 2 (h) of
the Convention on the Elimination of All Forms of Discrimination against
Women- CEDAW; article 5 (e) of the International Convention on the
Elimination of All Forms of Racial Discrimination-ICERD; article 43.1 (d) of
the International Convention on the Protection of the Rights of All Migrant
Workers and Members of Their Families-ICRMW; and article 28 of the
Convention on the Rights of Persons with Disabilities-CRPD. The right to
adequate housing has also been recognized at the regional level, such as in
the European Social Charter (1961), the American Declaration of the Rights
and Duties of Man (1948), the American Convention on Human Rights
(1969), the Additional Protocol to the American Convention on Human
Rights in the Area of Economic, Social and Cultural Rights (“Protocol of San
Salvador”) and the African Charter on Human and People’s Rights (1981).
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1.2 Right to Water
Water is the very fundamental basis of life and is the foundation for human
survival and development. Having access to safe drinking water and
sanitation is central to living a life in dignity and upholding human rights.
Yet billions of people still do not enjoy these fundamental rights.
The human right to water entitles everyone to sufficient, safe, acceptable,
physically accessible and affordable water for personal and domestic uses.
An adequate amount of safe water is necessary to prevent death from
dehydration, to reduce the risk of water-related disease and to provide
for consumption, cooking, personal and domestic hygienic requirements.
People’s right to water has been illustrated in numerous international
instruments. The right has been defined and elaborated by several
instruments as well. General Comment No 15 (2002) of the Committee on
economic Social and Cultural Rights, Article 11, paragraph 1, of the Covenant
(ICESCR), specifies a number of rights emanating from, and indispensable
for, the realization of the right to an adequate standard of living “including
adequate food, clothing and housing”. The use of the word “including”
indicates that this catalogue of rights was not intended to be exhaustive.
The right to water clearly falls within the category of guarantees essential
for securing an adequate standard of living, particularly since it is one of
the most fundamental conditions for survival. Moreover, the Committee
has previously recognized that water is a human right, contained in article
11, paragraph 1.
General Comment No 15 also provides the normative content of the right to
water. It says the right to water contains both freedoms and entitlements.
The freedoms include the right to maintain access to existing water supplies
necessary for the right to water, and the right to be free from interference, such
as the right to be free from arbitrary disconnections or contamination of water
supplies. By contrast, the entitlements include the right to a system of water
supply and management that provides equality of opportunity for people to
enjoy the right to water. This relates to both availability and to accessibility of
the right to adequate food. (see General Comment No. 12, paras. 12 and 13).
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