Housing as a Human Right within an Era of International Exceptionalism
DOI:
https://doi.org/10.31078/consrev723Keywords:
Indigenous Peoples, Gender-based Discrimination, Regional Mechanisms, Right to Adequate HousingAbstract
The right to adequate housing is an internationally recognized human right, yet it has been incontrovertibly desecrated by a lack of recognition, disproportionately affecting vulnerable groups. Economic, social, and cultural rights have encountered many challenges in an ever-increasing era of international exceptionalism and challenges arise in the protection of these rights. The right to housing is achieved in two ways: as a normative right and as a derivative right encompassed within economic, social, and cultural rights. This article introduces: (1) the normative development of economic, social, and cultural rights as recognized human rights, and their regulatory implementation through international instruments; (2) the concept of individuals as right-holders and duty-bearers of economic, social, and cultural rights; (3) understanding how the restriction of the right to housing leads to the violation of other human rights, including (a) the right to life, (b) the right to freedom from discrimination, and (c) the right to humane treatment – and the types of vulnerable groups that face the most discrimination, such as indigenous persons and women; and (4) protection against forced evictions, through an examination of the jurisprudence of the Inter-American System, European Court of Human Rights, and African Court on Human and Peoples’ Rights.References
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African Commission on Human and Peoples’ Rights. “Sudan Human Rights Organisation & Centre on Housing Rights and Evictions (COHRE) v. Sudan.” (May 2009).
African Commission on Human and Peoples’ Rights. “The Social and Economic Rights Action Center and the Center for Economic and Social Rights v. Nigeria.” (May 27, 2002).
African Union. “African Charter on Human and Peoples’ Rights.” June 1981. Arts. 14 and 18. https://www.achpr.org/legalinstruments/detail?id=49.
African Union. “Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa.” July 11, 2003, Art. 16. https://refworld. org/docid/3f4b139d4.html.
Bergeron, Emily. “Adequate Housing is a Human Right.” Human Rights Magazine 44, no. 2 (2019). https://www.americanbar.org/groups/crsj/publications/ human_rights_magazine_home/vol--44--no-2--housing/adequate-housing- is-a-human-right.
Council of Europe. “European Convention for the Protection of Human Rights and Fundamental Freedoms, as amended by Protocols Nos. 11 and 14.” 4 November 1950, ETS 5. https://www.refworld.org/docid/3ae6b3b04.html.
Council of Europe: European Court of Human Rights. “Connors v. The United Kingdom, 66746/01.” (May 27, 2004).
Council of Europe. “European Social Charter.” 18 October 1961, ETS 35. https:// www.refworld.org/docid/3ae6b3784.html.
Council of Europe. “European Social Charter (Revised).” 3 May 1996, ETS 163, Art. 31. https://www.refworld.org/docid/3ae6b3678.html.
Desmond, Matthew. “Eviction and the Reproduction of Urban Poverty.” American Journal of Sociology 118, no. 1 (2012): 88–133. https://doi.org/10.1086/666082.
European Committee of Social Rights. “European Roma Rights Centre v. Greece. Complaint No. 15/2003.” (June 8, 2005).
Gómez, Mayra, and Bret Thiele. “Housing Rights Are Human Rights.” Human Rights 32, no. 3 (2005), p. 2–24. http://www.jstor.org/stable/27880484.
Immergluck, Dan. “Commentary: Encouraging Housing Equity.” Cityscape 19, no. 2 (2017), p. 129–36. http://www.jstor.org/stable/26328330.
Inter-American Commission on Human Rights (IACHR). “American Declaration of the Rights and Duties of Man.” 2 May 1948. Arts. 8 and 9. https://www. refworld.org/docid/3ae6b3710.html.
Inter-American Commission on Human Rights (IACHR). “María Mejia v. Guatemala.” Report N. 32/96 - Case 10.553. (October 16, 1996).
Inter-American Court of Human Rights. “Case of the Mayagna (Sumo) Awas Tingni Community v. Nicaragua.” (31 August 2001).
Pattillo, Mary. “Housing: Commodity versus Right.” Annual Review of Sociology 39 (2013) pp. 509–31. http://www.jstor.org/stable/43049647.
Organization of American States (OAS). “American Convention on Human Rights.” Treaty Series, No. 36. San Jose: OAS. 1969, Article 7. https://www. refworld.org/docid/3ae6b36510.html.
Organization of American States (OAS). “Charter of the Organisation of American States.” April 30, 1948. Article 34. https://www.refworld.org/ docid/3ae6b3624.html.
Quillian, Lincoln. “New Approaches to Understanding Racial Prejudice and Discrimination.” Annual Review of Sociology 32 (2006): 299–328. http:// www.jstor.org/stable/29737741.
Reynolds, Kathryn. “Creating Permanent Housing Affordability: Lessons From German Cooperative Housing Models.” Cityscape 20, no. 2 (2018): 263–76. https://www.jstor.org/stable/26472178.
Terminski, Bogumil. “The Right to Adequate Housing in International Human Rights Law: Polish Transformation Experiences.” Revista Latinoamericana de Derechos Humanos 22, no. 2 (2011): 219 . ISSN: 1659-4304. https://www. corteidh.or.cr/tablas/r31406.pdf.
UN Committee on Economic, Social and Cultural Rights (CESCR). “General Comment No. 7: The Right to Adequate housing: forced evictions.” May 20, 1997, E/1998/22. pars. 4, 6, 7 and 11. https://www.refworld.org/ docid/47a70799d.html.
UN General Assembly. “Convention on the Elimination of All Forms of Discrimination Against Women.” 18 December 1979, United Nations, Treaty Series, vol. 1249, https://www.refworld.org/docid/3ae6b3970.html.
UN General Assembly. “International Covenant on Economic, Social and Cultural Rights.” 16 December 1966, United Nations, Treaty Series, vol. 993, p. 3, Art. 11(1). https://www.refworld.org/docid/3ae6b36c0.html.
UN General Assembly. “Universal Declaration of Human Rights.” 10 December 1948, 217 A (III), Arts. 2, 3,5, 25. https://www.refworld.org/docid/3ae6b3712c. html. https://www.refworld.org/docid/3ae6b3712c.html
UN Office of the High Commissioner for Human Rights. Women and the Right to Adequate Housing (OHCHR, 2012), p. 36. https://www.ohchr.org/ Documents/publications/WomenHousing_HR.PUB.11.2.pdf.
US Census Bureau. “Residential Vacancies and Homeownership in the Fourth Quarter 2012.” US Census Bureau News, Jan. 29. http://www.census.gov/ housing/hvs/files/qtr412/q412press.pdf.
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Published
2021-12-31
How to Cite
Davis, E. E. (2021). Housing as a Human Right within an Era of International Exceptionalism. Constitutional Review, 7(2), 241–272. https://doi.org/10.31078/consrev723
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