Sixth session (1991)*
General comment No. 4: The right to adequate housing
(art. 11 (1) of the Covenant)
1.
Pursuant to article 11 (1) of the Covenant, States parties “recognize the right of
everyone to an adequate standard of living for himself and his family, including adequate
food, clothing and housing, and to the continuous improvement of living conditions”. The
human right to adequate housing, which is thus derived from the right to an adequate standard
of living, is of central importance for the enjoyment of all economic, social and cultural
rights.
2.
The Committee has been able to accumulate a large amount of information pertaining
to this right. Since 1979, the Committee and its predecessors have examined 75 reports
dealing with the right to adequate housing. The Committee has also devoted a day of general
discussion to the issue at each of its third (see E/1989/22, para. 312) and fourth sessions
(E/1990/23, paras. 281-285). In addition, the Committee has taken careful note of information
generated by the International Year of Shelter for the Homeless (1987) including the Global
Strategy for Shelter to the Year 2000 adopted by the General Assembly in its resolution
42/191 of 11 December 1987.1 The Committee has also reviewed relevant reports and other
documentation of the Commission on Human Rights and the Sub-Commission on Prevention
of Discrimination and Protection of Minorities.2
3.
Although a wide variety of international instruments address the different dimensions
of the right to adequate housing3 article 11 (1) of the Covenant is the most comprehensive
and perhaps the most important of the relevant provisions.
4.
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.4 There is no
indication that this number is decreasing. It seems clear that no State party is free of
significant problems of one kind or another in relation to the right to housing.
5.
In some instances, the reports of States parties examined by the Committee have
acknowledged and described difficulties in ensuring the right to adequate housing. For the
most part, however, the information provided has been insufficient to enable the Committee
to obtain an adequate picture of the situation prevailing in the State concerned. This general
comment thus aims to identify some of the principal issues which the Committee considers to
be important in relation to this right.
6.
The right to adequate housing applies to everyone. While the reference to “himself
and his family” reflects assumptions as to gender roles and economic activity patterns
commonly accepted in 1966 when the Covenant was adopted, the phrase cannot be read
today as implying any limitations upon the applicability of the right to individuals or to
female-headed households or other such groups. Thus, the concept of “family” must be
understood in a wide sense. Further, individuals, as well as families, are entitled to adequate
*
Contained in document E/1992/23.