Right To Adequate Housing: Explained: What is UN’s ‘right to adequate housing’ and why it matters
Housing is increasingly viewed as an investment asset, but the United Nations maintains that it is first and foremost a basic human right.According to the United Nations, the right to adequate housing means more than having a roof over one’s head. It includes security of tenure, protection from forced eviction or dispossession, access to basic services and infrastructure, and the ability to live close to schools, employment and healthcare in a manner consistent with one’s culture and dignity.Yet violations of this right remain widespread, often because housing is rarely treated as a genuine human right in domestic policymaking. The UN says realising this right depends on governments adopting appropriate laws, policies and national housing strategies.
Scale of the crisis
The financialisation of housing, where homes become vehicles for investment and wealth creation rather than a social good, has transformed housing markets across the world. Combined with climate change, natural disasters, armed conflict and large-scale infrastructure and development projects, these pressures have displaced millions and made cities increasingly unaffordable.Women, minorities, indigenous peoples, persons with disabilities, migrants, refugees and other marginalised groups continue to face discrimination in accessing adequate housing.According to the UN, more than 1.8 billion people live in informal settlements or other forms of inadequate housing, often without reliable access to water, sanitation or electricity and under the constant threat of forced eviction.Homelessness, considered one of the gravest violations of the right to adequate housing, has also been rising in many developed economies. The COVID-19 pandemic further exposed these vulnerabilities, leaving millions unable to pay rent or mortgages.
Legal foundations
The right to adequate housing was first recognised under Article 25 of the Universal Declaration of Human Rights (1948) as part of the right to an adequate standard of living. It was later reaffirmed under Article 11.1 of the International Covenant on Economic, Social and Cultural Rights (1966).Since then, several international human rights treaties have reinforced or referenced this right. Every UN member state has ratified at least one international human rights treaty that recognises or relates to the right to adequate housing.The UN Committee on Economic, Social and Cultural Rights has clarified that the right should not be interpreted narrowly. It means living somewhere in security, peace and dignity. Its scope is primarily explained through General Comment No. 4 (1991) on the right to adequate housing and General Comment No. 7 (1997) on protection against forced evictions.
Freedoms and entitlements
The right to adequate housing encompasses both freedoms and entitlements.Freedoms include protection against forced eviction and arbitrary destruction of one’s home, freedom from arbitrary interference with one’s home and privacy, and the right to choose one’s residence.Entitlements include legal security of tenure, housing and property restitution, non-discriminatory access to housing, and participation in housing-related decision-making.
Key elements of adequacy
According to the UN, housing can be considered adequate only if it meets several minimum criteria.These include legal security of tenure, ensuring protection against forced eviction and harassment; affordability, so housing costs do not compromise other essential needs; habitability, providing adequate space and protection from weather and health hazards; and the availability of services and infrastructure, including water, sanitation and energy.The framework also emphasises accessibility, particularly for disadvantaged and marginalised groups; location, ensuring housing is connected to employment, schools and healthcare while avoiding polluted or hazardous areas; and cultural adequacy, so housing respects residents’ cultural identity and way of life.
