THE RIGHT TO HOUSING AS AN INTERNATIONAL HUMAN RIGHTS
A.A. Borokini*1 , A.O. Oyebanji2 , A.E. Ige3 , R. Moses-Oke 4, F. Akinremi 5, G.Borokini6
Faculty of Law, Federal University, Oye-Ekiti, Nigeria *1,3
Faculty of Law, Joseph Ayo Babalola University, Ikeji-Arakeji, Nigeria2,5
Faculty of Law, Western Delta University, Oghara, Nigeria4
Department of Architecture, Federal University of Technology, Akure, Nigeria6
Accepted 19, June 2025
Man has three fundamental basic needs: shelter, food and clothing. Therefore, the right to shelter or accommodation is one of the basic fundamental human rights of man. This right has a divine origin. It is also incorporated in the constitution of some countries such as Bolivia, Germany and Nigeria. The right to housing is in fact an international human right recognized by both international law, United Nations and regional organizations. Right to housing is an adjunct to the right to dignity, security and worth of the human person. All these rights are codified in the Charter of the United Nations as well as in the Universal Declaration of Human Rights. This right is also recognized in other UN conventions such as ICCPR, CEDAW, ICESCR, CRC, etc. Moreover, regional organizations like the African Union, European Union and the Organisation of American States have codified the right to housing in their conventions and they have passed several resolutions on it. States have an obligation under both domestic and international law to enforce the rights of their citizens to the right of housing. Individuals too have a fundamental human right to enforce this prerogative under national and international laws. The methodology adopted in this paper is doctrinal and comparative. The right to housing is a cornerstone of dignity and social justice. It is firmly established under International Law, its implementation remains inconsistent. As global challenges evolve – urbanisation, inequality, climate change – the need for secure, affordable and adequate housing is more pressing than ever.
Keywords: Shelter, accommodation, housing, human rights, United Nations
INTRODUCTION
The God Almighty said in Leviticus 26:6, “I will grant peace in the land and you will lie down and no one will make you afraid” and in Psalm 4:8 King David said; “I will lie down and sleep in peace, for you alone, O Lord, make me dwell in safety”. The above two Biblical passages show that God Almighty Himself recognises the importance of shelter. Housing is one of the basic necessities of man and it must go with all its appurtenances like comfort, peace, security and dignity. Housing or shelter or dwelling without its appurtenances is meaningless. The right to housing is a fundamental human right that is recognised nationally and internationally. Section 37 of the 1999 Constitution of Nigeria provides. “The privacy of citizens, their homes… is hereby guaranteed and protected”. Also, Section 16(1) (d) of the same Constitution provides, “that suitable and adequate shelter… are provided for all citizens”.
The housing right is also protected under the International Covenant on Economic, Social and Cultural Rights as well as in other treaties. However, despite all these constitutional and international protection. Most people in the world live in a state of homelessness, in slums, in poverty and in environment without security which is contrary to the right to dignity of a human person. Most cities in the world are characterized by street children and homeless people that sleep under bridges, market stalls, uncompleted buildings etc. According to National Planning Commission of Nigeria and UNICEF Nigeria in their joint publication entitled, “Children’s and Women’s Right in Nigeria:
A wake-up call” at page 213 – 214, “The phenomenon of Street children… has been on the increase in most major urban areas… whereas in 1986 children who lived and slept on the street were a rarity in Lagos, there were an estimated 8,000 of them by the early 1990s. In 1999, there were over 100 locations in Lagos in which children were found to be living on the street”.
The problem of homelessness is not peculiar to Lagos alone that is the norm in all the cities of the world.
Homelessness is an affront to human dignity, housing right, embarrassment to governments and a disgrace to the human race. The purpose of this paper is to highlight the promotion and protection of housing rights under domestic laws and under treaties, obligations of states to promote and protect housing rights various violations of housing rights, ways and means of promoting and enforcing human rights and the way forward.
EXPLANATION OF TERMINOLOGY
In international legal norms the right to housing has been variously described as “the human right to adequate housing”, “the right to adequate housing’’, “housing rights”, “the right to one’s home”, “the right to the city”, “livelihood rights”, “land rights”, “the rights to shelter”, “property rights”, etc[1]. The term housing is wider than an ordinary shelter or merely having a roof over one’s head. It means the right to live in peace, security, comfort and dignity. Housing rights and property rights are different from each other and at the same time overlap; housing is part of one’s property. Sometimes the definition of housing rights in international human rights norm include both land right and property right. The right to land includes right to possession and to use of resources. Property rights is limited to equality rights, the right to non-interference and the prohibition against arbitrary expropriation.
Land rights and property rights are recognised under some Conventions of the United Nations. Article 7(1) of the Indigenous and Tribal Peoples Convention states that indigenous peoples “shall have the right to decide their own priorities for the process of development as it affects… lands they occupy or otherwise use, and to exercise control, to the extent possible, over their own economic, social and cultural development”[2]. Article 14(2) of the same Convention directs government to guarantee affective protection of those ownership and possession rights owner land. Article 17 of the Universal Declaration of human Rights[3]guarantees the right of everyone to own property alone or in association with others and furthermore that no one should be arbitrarily be deprived of his property.
The right to adequate housing is a term used in ICESCR[4] and it points to right to housing. The right to city and one’s home also refer to housing right. The right to shelter means housing that gives security, decency, security, that is a structure that befits human habitation not just any structure. Thus, it could be seen that the best terminology is “right to housing”. Housing rights is used in some international Covenants and Conventions. The term is a general term comprising a full range of concern to the housing process within the international human rights domain[5].
INTERNATIONAL HUMAN RIGHTS AND THE PROMOTION AND PROTECTION OF HOUSING RIGHTS
The rights to housing is an adjunct to the right to dignity, security and worth of the human person. The Preamble to the Universal Declaration of Human Rights (UDHR) provides that the inherent dignity of all members of the human family is the foundation of freedom, justice and peace in the foundation of freedom, justice and peace in the world[6]. The Preamble also provides that the United Nations its Charter reaffirmed faith in fundamental human rights, in dignity and worth of the human person[7]. The UDHR clearly spelt out the right to housing in its Article 25(1) where it provides that “everyone has the right to a standard of living adequate for health and wellbeing of himself and his family, including…housing…”
The above provision is binding on all member states of the United Nations even though the UDHR is not legally binding but it is morally binding. Member States have a moral duty to promote and enforce housing rights of their people. Moreover, since the promulgation of UDHR by the UN, the body had promulgated and adopted several other international legislations which promote and protect housing rights.
The Internal Covenant on Economic Social and Cultural Rights[8] (ICESC) in its Article 11(1) provides that “The States parties to the present Covenant recognise the right of everyone lo an adequate standard of living for himself and his family including…housing and to the continuous improvement of living conditions. The State Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international co-operation based on free consent”.
The International Covenant on Civil and Political Rights[9] (ICCPR) in its Article 17 (1) and (2) provides that, “No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home… The International Convention on the Elimination of All Forms of Racial Discrimination[10](ICERD) in its Article 5 (e) (iii) provides that. “In compliance with the fundamental obligations laid down in article 2of this Convention. States Parties undertake to prohibit and eliminate racial discrimination in all forms and to guarantee the right to everyone, without distinction as to race, colour, or nationality or ethnic origin, to equality before the law, notably in the enjoyment of the following rights… (e) in particular…(iii) the right to housing’’.
The Convention on Elimination of All Forms of Discrimination Against Women[11] (CEDAW) in its Article 14(2) (h) provides, “States Parties shall take all appropriate measures to eliminate discrimination against women… on a basis of equality of men and women… shall ensure to such women the right… (h) to enjoy adequate living conditions, particularly in relation to housing’’. The Convention on the Rights of the Child[12] (CRC) provides in Article 27(3) that, “States Parties within their means shall take appropriate measures to assist parents and others responsible for the child to implement this and shall in the case of need provide materials assistance and support programmes, particularly with regard to… housing”. Thus, the CRC makes it mandatory for State Parties to provide housing assistance for children and their families.
The International Convention on the Protection of the Rights of All Migrant Workers and Members of their families[13] (MWC) provides in Article 43 (1) (d) that, “Migrant workers shall enjoy equality of treatment with national of the State1 of employment in relation to… (d) Access to housing, including social housing scheme and Protection against exploitation”. The International Convention Relating to the Status of Refugee[14] provides in Article 21 that, “As regards housing, the contracting States, in so far as the matter is regulated by laws or regulations or is subject to the control of public authorities, shall accord to refugees lawfully staying in their territory treatment as favourable as possible and, in any event, not less favourable than that accorded to aliens generally in the same circumstance”. The above housing right is also conferred on State less persons under Article 21 of the Convention relating to the Status of Stateless persons[15].
UNITED NATIONS BODIES AND RESOLUTION ON HOUSING RIGHTS
Article 11(1) of the ICESCR is the spring board on which international human rights on housing gravitates. In 1991 the Committee on Economic, Social and Cultural right stated that the right to housing should not be interpreted in a narrow or restrictive sense which equate the right to a mere right to shelter but rather a right to live in security, peace and dignity. General Comment No. 4 of the Committee[16]stated that housing right is determined by social, economic, cultural, ecological and other factors. The Committee further stated that the right is composed of the following: legal security of tenure, availability of services, materials, facilities and infrastructure, affordability, habitability, accessibility, location and, cultural adequacy[17].
In 1993 the Commission on Human Settlements made it mandatory on States to establish monitoring mechanisms to tackle the problem of homelessness, inadequate housing conditions, insecurity of tenure and other matters relating to housing rights like forced evictions[18]. In 1997, the Committee on Economics, Social and Cultural Rights defined the term “forced eviction” and declared that it is prima facie violations of housing rights[19].
The UN on several occasions have passed series of resolutions so as to promote and protect the housing rights of members of the UN. Some of the resolutions included those passed by The General Assembly[20], Committee on theElimination of Racial Discrimination[21], ECOSOC[22], Commission on Human Rights[23], UN Commission on Human Settlement[24], Sub-commission on the Promotion and Protection of Human Rights[25]. The Habitat Agenda[26] made it mandatory globally for governments that they have a responsibility in the shelter sector and they should take appropriate measures to promote, protect and ensure the full and progressive realization of the right to adequate housing, adopting legislation prohibiting and guarantee in protecting from discrimination in the housing sector, mobilizing resources for housing, monitoring and evaluating housing conditions, encourage private sector participation, expansion of affordable housing, adopting policies making housing habitable, affordable and accessible, providing legal security of secure, etc[27].
Moreover, the Global Strategy for Shelter to the Year 2000 stated that the right to adequate housing is recognised universally and that all citizens of the State have a right to expect their governments to be concerned about their housing rights and needs[28]. The United Nations had done a lot to promote housing rights of the people through the activities of UN-HABITAT and the Office of the Human Rights Commissioner for Human Rights (OHCHR). The two UN institutions have established normative framework of housing rights, promotion of housing right, provision of groundwork for developing active measures towards the protection of housing rights, Co-ordination of human rights programme within the UN system, providing individuals governments with basic information about housing rights, convening of expert group meetings on housing rights, etc. The collaboration between the two bodies led in 2002 to the establishment of United Nations Human Settlements Programme (UNHRP)[29].
The UNHRP was established in response to two resolutions of the UN Commission on Human Settlements and UN Commission on Human Rights respectively. The objective of the UNHRP is to assist States and stakeholders with the implementation of their commitments in the Habitat Agenda to ensure the full and progressive realization on the right to adequate housing as provided for international instruments. The first phase of the UNHRP (2002- 2004) focuses on fine programme areas:
Firstly, advocacy, outreach and learning from partners. Secondly, support for UN human rights mechanisms on housing rights. Thirdly, research and analysis on housing rights, fourthly capacity-building and technical cooperation.
In 1993, Mr. Rajindar Sachar was appointed as a Special Rapporteur on promoting the realization of the right to adequate housing. He was appointed by the Sub-Commission on the Prevention of Discrimination and Protection of Minorities under the Commission on Human Rights. Mr. Sachar concluded his work in l995 by submitting to the Commission four reports[30]. In 2002, the Commission also appointed Mr. Miloon Kothari as a Special Rapporteur. He was commissioned to carry out a three-year study on housing rights and the participation and activities of the Governments, private Sector, UN Bodies, NGOs, etc on the housing sector. Mr. Kothari submitted his reports to the Commission in 2001 and 2002. He called for a broad interpretation of the right to adequate housing; he reviewed all international legal instruments on the right to adequate housing. He also called for a review of matter like gender discrimination, access to land and potable water, economic globalization, poverty, forced eviction, etc., and their relationship with housing rights[31].
Furthermore, the ILO’s Recommendation No. 115 recognises worker’s housing and the ILO Convention concerning Indigenous and Tribal Peoples in Independents Countries guarantees certain land and property rights[32].
REGIONAL LEGISLATIONS ON HOUSING RIGHTS
The United Nations in one of its resolutions called on States to give full effect to housing rights thus at the regional levels, attempts had been made to promulgate laws to enforce and promote housing right of the people. Article 14 of the African Charter on Human and Peoples Rights[33] provides that, “The right to propert shall be guaranteed. It may only be encroached upon in the interest of public need or in the general interest of the community and in accordance with the provisions of appropriate laws”. Article 21(2) of the same Charter also provides, “In case of spoliation the dispossessed people shall have the right to the lawful recovery of its property as well as to an adequate compensation.
In Europe, the European Convention for the Protection of Human Rights and fundamental freedoms[34] in Article 8 and its sub-article provides that everyone has the right to respect for his private and family life and his home. The article further provides that there shall be no interference by a public authority with the exercise of this right except in accordance with the law and is necessary in a democratic society in the interest of national security, public safety or the economic well-being of the people, for the prevention of disorder or crime, for the protection of health or morals. The First Protocol to the Convention in its Article provides that every natural or legal persons is entitled to the peaceful enjoyment of his possession. The European Social Charter, one of the greatest Social Charter in the world in its Article 31 provides, “With a view to ensuring the effective exercise of the right to housing, the parties under take to take measures designed; (1) to promote access to housing of an adequate standard (2)to prevent and reduce homelessness with a view to its gradual elimination and (3) to make the price of housing accessible to those without adequate resources. The Charter is monitored by a Committee of Independent Experts known as the Social Rights Committee.
Under the Inter-American Commission on Human Rights[35] housing right is not specifically mentioned rather the right to own property is mentioned and this right has been used to enforce the housing right. In the case of CARLOS GARCA SACCONE V. ARGENTINA[36] it was held that “in the inter-American system, the right to property is a personal right. The Commission is empowered to vindicate the rights of an individual whose property is confiscated”. The American Declaration on the Rights and Duties of Man provides in Article VIII that every person has the right to fix his/her residence within the territory of the State of which he/she is a national. According to Article IX every person has the right to the inviolability of his/her home. Article XI provides that every person has the right to the preservation of his health … and social measures relating to ….housing…to the extent permitted by public and community resources. Article XXIII provides that every person has a right to own such private property as meets the essential needs of decent living and helps to maintain the dignity of the individual and of the home. Moreover, the American Convention on Human Rights provides in Article 1 that States parties undertake to respect the rights and freedom of their citizens while Article 11 protects right to privacy in that everyone has the right to have his/her honour respected and his dignity recognized. In Article 21, it protects right to property to the extent that no one shall be deprived of his/her property except upon payment of just compensation. Despite the fact that the Convention is silent expressly on housing rights all the above Articles are related and relevant for the enforcement of the right.
STATES OBLIGATIONS UNDER INTERNATIONAL LAW TO PROMOTE AND PROTECT HOUSING RIGHTS
States are under legal obligations to promote and protect and enforce obligations which they have ratified and acceded to. In other words, States have treaty obligations in respect of treaties which they have ratified. Under Article 16 of the ICESCR States, parties must submit reports on measures which they have adopted in promoting and enforcing housing rights under Article 11. Such reports shall be submitted to the Secretary – General of the UN who shall transmit such reports to the ECOSOC for consideration and to other specialised agencies of the UN. Under Article 17 of the ICESCR States parties can also submit their report directly to the ECOSOC. Under Article 19 having deliberated on the reports the ECOSOC will further transmit their recommendations to the Commission on Human Rights. Under Article 21 the ECOSOC will further transmit their recommendations to the General Assembly. Thus, it is obligatory for the States Parties to comply with their treaty obligations and to render periodic reports to the various organs of the United Nations.
The Habitat Agenda also states that States within the overall content of an enabling approach governments should take appropriate action in order to promote, protect and ensure the full and progressive realization of the right to adequate housing. States must take all appropriate measures to enforce the housing rights of their citizens within maximum of its available resources. Any obstacle or barrier on housing rights should be removed and its incumbent and States to refrain from taken retrogressive measures towards housing rights. According to the committee, all States possess a minimum core obligation to ensure the satisfaction of at the very least, minimum essential levels of each of the rights found in the Covenant. The minimum core obligation requires that each State must address the housing needs of its people so as to provide basic shelter and housing and in any state where majority of its people are not accommodating that state has failed in its duty of providing housing for its people.
According to UNHRP the right to housing imposes three levels or types of obligations on States. They are obligation to respect, to protect and to fulfil[37]. The obligation to respect requires the State and all its organs and agencies to abstain from carrying out, sponsoring or tolerating any practice, policy or measure which violates housing rights of individuals or group. Governments must desist from restricting or infringing upon individual’s freedom to use those materials or other resources available to her/him in a way they find must appropriate to satisfy individual, family, household or community needs. The obligation to respect obliges States to refrain from carrying out, advocating or condoning the practice of forced or arbitrary evictions or demolitions or any other unlawful violations of these rights.
The obligation also includes States respect of a person’s rights to build then own dwellings in a manner that suits their cultures, skills, needs and wishes.
The obligation to respect housing rights means that it is the duty of the state and its agents to prevent the violation of any individual’s rights to housing by not only the State itself but also by individuals, and other non-State actors. The obligations to fulfil include both an obligation to facilitate and an obligation to provide. The obligation to facilitate compels governments to place sufficient legal and policy emphasis on the full and progressive realization of housing rights through a series of active measures like:
Firstly, national and/or local legislative recognition of the rights. Secondly, the incorporation of housing rights norms into housing and related policies and thirdly, the identification of incremental goals, measured by discernible indicators, towards the full enjoyment of housing rights by all sectors of society. Fourthly, define the objectives for the development of the housing sector. Fifthly, identify the resources available to meet these aspirations. Sixthly, specify the most cost-effective way of using them and seventhly, outline the responsibilities and time frame for the implementation of the necessary measures.
The obligation to fulfil is both positive and interventionary. It is the duty of the State to intervene and assist individuals and groups who are unable to enjoy adequate right to housing. The States can actively intervene for the vulnerable population in respect of the following; public expenditures and resource allocation, governmental regulation of the economy including land and housing markets, housing subsidies monitoring rent levels and other housing costs, the provision of public housing, basic services and related infrastructure, taxation and subsequent redistributive measures, etc.
The United Nations Centre for Human Rights have rightly argued that States can only fulfil their international legal obligation on housing rights through a progressive realization of the right[38]. What progressive realization means is that States are obliged to continuously strive to strengthen economic, social and cultural rights including the right to housing. It is an obligation to move as expeditiously and effectively as possible towards the realization of the housing right. The progressive realization clause is also explained in Article 2 (1)of ICESCR that each state party undertakes to take steps individually and through international assistance ad co-operation especially economic and technical, to the maximum of its available resources with a view to achieving progressively the full realization of the rights recognised in the present covenant by all appropriate means including particularly the adoption of legislative measures.
IS THE STATE OBLIGED TO BUILD HOUSES FOR EVERYONE?
The answer is no. The State may not have economic resources and capacity to do so for everyone. In 1995 the Special Rapporteur of the Sub-Commission on Human Rights in his Report stated that the housing right does not include the following[39]:
* That the State is required to build housing for the entire population
* That housing is to be provided free of charge by the State to all who request it.
* That the State must necessarily fulfil all aspects of this right immediately upon assuming duties to do so.
* That the State should exclusively entrust either itself or the unregulated market to ensuring this right to all or
* That this right will manifest itself in precisely the same manner in all circumstances and locations.
* The Rapporteur concluded that housing rights obligations of the State connotes the following:
That once such obligations have been formally accepted, the State will endeavour by all appropriate means possible to ensure everyone has access to housing resources adequate for health, well-being and security, consistent with other human rights.
- That a claim or demand can be made upon society for the provision of or access to housing resources should a person be homeless, inadequately or generally incapable of acquiring the bundle of entitlement implicitly linked with housing rights.
- That the State, directly upon assuming legal obligations will undertake a series of measures which indicate policy and legislative recognition of each of the constituent aspects of the right in questions[40].
However, if the economic resources of the State permit it, there is nothing wrong for the State to oblige who ever want it. In the United Kingdom, local councils[41] are required to provide accommodation to homeless people. In Bolivia[42] the Ministry of Human Development is mandated to promote the construction of subsidized housing. Under the German Basic Law[43]in case of homelessness based on the rule of law it is the duly of the State to give homeless people accommodation enabling them to live a dignified existence. In Finland[44]it is the duty of the State of give housing to people who are physically handicapped. In the Republic of Korea[45]housing is provided for people who lack them. In 1996 the UN-HABITAT and OHCHR[46] stated that under certain conditions it may be incumbent on the State to provide housing for those that needs it. The two UN bodies stated that “in specific cases the State may have to provide direct assistance including provision of housing units to people affected provision of housing units to people affected by disaster (natural and man-made) and to the most vulnerable groups in society”.
It is the duty of States to create conditions – legislative, administrative, regulatory, economic, social, policy, legal, etc so that all citizen may benefit and enjoy in full the entitlements in the right to housing as well as to remove all barriers and obstacles and retrogressive measures infringing on people’s right to housing. It is not imperative for the State to build houses for everyone.
NATIONAL LEGISLATION AND CONSTITUTIONAL PROTECTION OF HOUSING RIGHTS
Housing right is a crucial one. Housing is one of the basic essential to human life. Millions of people all over the world live in abject poverty and without adequate housing like living in slums, shacks and temporary shelter. As a result of this, the UN-HABITAT has called on States to provide enabling legislations to guarantee the housing rights which have been constitutionally codified. Most constitutions refer to general obligations within the housing sphere or specifically to the right of housing. Most Constitutions guaranteed individual or family rights to housing while others recognise the right as State’s responsibility within the context human right and rule of law. In some, States the right is not constitutionally guaranteed. In 1995 the Special Rapporteur of the Sub-Commission made it mandatory for all states to revise and amend their constitutions and incorporate the right to housing.
Codification of housing rights in the Constitution may not necessarily lead to implementations. The problem of implementation may be due to the following: Firstly; non-justifiability of certain constitutional provisions including right to housing. Secondly; failure to ensure that law and policy threat housing rights equitably. Thirdly; lack of clear and precise identification of legal responsibilities within national law to ensure these rights, Fourthly; the legal political problems relating to the enforcement of housing rights. Apart from constitutional codification of the right it is the primarily duty of the State to incorporate the right in to their domestic laws.
The international human rights laws compel states to incorporate housing right into their domestic laws. Article 2(1) of ICESCR makes it mandatory for States at all levels to use all appropriate measures including legislative and other measures to promote and protect the right. Non-State parties to the Covenant are also strongly advised to adopt the same legislative measure.
The principles of international human rights laws also demand that where existing legislations are in conflict with housing right such legislations must be amended to create and reflect new legal standards. The UN Secretary General had also emphasised a compelling need for States to create new legislation and effective mechanism towards the prevention of forced evictions with a view to enforcing the implementation mechanisms of the right to housing[47]. Codification of housing rights is of extreme importance. It enables the States to create legal, social and economic conditions necessary for the satisfaction of the right. It also provides a legal foundation for the legislative action and advocacy of the right. When a right is codified those whose rights have been infringed can enforce their right in the court. Other importance includes permanency of legislations. Mere policy decisions is not enough so that the enforcement of the right will not be at the whims of politicians and governments. Codification may be the only way of ensuring equitable access to adequate housing right for the poor, disadvantaged and marginalized people. It ensures governmental accountability to the citizen as well as international commitments by the states.
[1]For a full discussion of the terminology see Housing Rights Legislation. United National Housing Rights Programme, Report No. 1 pp.14-16. Available at: https://www.unitednationhousingrightsprogramme
[2]of 1989 No. 169. Available at: https:///www.indigenousandtribalpeoplesconvention.org
[3]Adopted and Proclaimed by the G.A. Resolution 217 A(III) of 10th December, 1948.
[4]Adopted and opened for signature, ratification and accession by G.A. Resolution 2200 A (XXI) of 16 December 1966. Entered into force on 3rdJanuary 1976 in accordance with Article 27.
[5]See Housing Rights legislation. P. 15. See footnote 1
[6]See the 1st and 5th paragraph of the Preamble of the UDHR. Available at: https://www.universaldeclarationof humanrights.org (Accessed: 3 March, 2025).
[7]5th Paragraph of the UDHR.
[8]Article 11. Available at: https//www.internationalcovenantoneconomicssocialandculturalrigjhts (Accessed: 4 April, 2025)
[9]Adopted and opened for signature, ratification and accession by G.A. Resolution 2200 A (XXI) of 16thDecember 1966. Entered into force on 23rd March 1976 in accordance with Article 49.
[10]Proclaimed by G.A Resolution 1904 (XVIII) of 20 November 1963. Available at: international convention on the elimination of all forms of racial discriminations.org (Accessed: 10 June, 2025)
[11] Adopted and opened for signature, ratification and accession by General Assembly Resolution 3/180 of 18 December, 1979.
[12]Adopted unanimously by the General Assembly on 20 November, 1989 and was open for signature on 26 January 1990.
[13]GA/RES/45/158 of 18th December 1990.
[14]Adopted on 28 July 1951 by the United Nations Conference of Plenipotentiaries on the Status of Refugees and Stateless Persons convened under G.A. Resolution 429 (V) of 14thDecember 1950.
[15]Adopted on 28 September 1954 by a Conference of Plenipotentiaries convened by ECOSOC Resolution 526 A (XVII) of 26 April 1954. Available at: https/www.conventionrelatingtothestatusofstatelesspersons (Accessed 18 March, 2025)
[16]UN Doc. E/1992/23-E/C. 12/1991/4. Annex III.
[17]Ibid, paragraph 8
[18]UN Doc. A/48/8, paragraph 3
[19]UN Doc. E/1992/23-EK. 12/1991/4
[20]UN Doc. A/RES/1986/146 and A/RES/1987/146
[21]See the various Resolutions of the Committee. Available at: https/www.committeeontheeliminationofracial discrimination.org (Accessed: 2 January, 2025)
[22]UN Docs E/RES/1987//37 and E/RES/1989/62
[23]UN Docs E/CN.4/RES/1986/36, EKN.4/RES/1987/22
[24]Commission Resolution 14/6 adopted 5th May, 1993.
[25]UN Docs E/CN. 4/Sub. 2/RES/1991/26, E/CN.4/Sub.2/1992/26.
[26]Paragraph 61 of the Agenda. Available at: https/www.habitatagendaoftheUN.org (Accessed, 11 April, 2026)
[27]Ibid, paragraph 61.d
[28]Point 13 of the Strategy
[29]UNHRP is based in Kenya
[30]UN Docs. E/CN. 4/Sub/1992/15, E/CN.4/Sub.2/1993/15. Available at: https//www.specialrapporteusonpromoting therealisationoftherighttoadequatehousing.org (Accessed, 21 June, 2025)
[31]UN Docs. E/CN.4/RES/2000/9
[32]ILO Convention No. 169
[33]Charter came into effect on June 1981
[34]Came into effect in 4th November, 1950
[35]Came into effect in 22nd November, 1969
[36]Case 11.617, Report No. 8/98, Inter-Am, C.H.R.
[37]See Housing Right Legislation (Supra) PP. 15 – 16
[38]Ibidem. PP 13 – 14
[39]UN Doc. E/CN.e/Sub.2/1995/12, Paragraphs 4 – 5. Available at: https/www.specialrappoorteurofthesub.commissiononhumanrights.org (Accessed: 29 January, 2025)
[40]Un Doc. E/CN/4SUB.2/1995/12, paragraph 12
[41]Homeless Persons Act of 1977
[42]Act No. 1493 of 1993
[43]Article 1 (1), 20(1) and 28 (1) of Basic Law
[44]Article 8(2) of Act. No. 380 of 1987
[45]Housing Construction Promotion Act of 1972
[46]UN Doc. HS/C/15/2/Add.2
[47]UN Doc. E/CN.4/1994/20, paragraph 144
