housing regardless of age, economic status, group or other affiliation or status and other such
factors. In particular, enjoyment of 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 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, owner-occupation,
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 the chief sources of building materials for housing, steps should be taken by States
parties to ensure the availability of such materials;