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International Conventions
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International Covenant on Economic, Social and Cultural Rights (ICESCR, adopted in1966, entry into force in 1976)

  • Article 2(1): progressive realisation of human rights laid down in this Covenant
  • Article 2(2): non-discrimination
  • Article 3: equal rights of men and women to the enjoyment of all economic, social and cultural rights
  • Article 11(1): the right to adequate housing (including secure tenure, which includes access to land: see box below, General Comment No. 4)

    The States Parties to the present Covenant 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 States 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.

  • Article 12(1): the right to health

International Covenant on Civil and Political Rights (ICCPR, adopted in 1966, entry into force in 1976)

  • Article 2(1): non-discrimination
  • Article 3: right to equality
  • Article 12(1): the right to choose own residence

    Everyone lawfully within the territory of a State shall, within that territory, have the right to liberty of movement and freedom to choose his residence.

  • Article 14: equality before court
  • Article 17: right to protection against arbitrary or unlawful interference in home

    No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation.
    Everyone has the right to the protection of the law against such interference or attacks.

  • Article 23(4): equal rights and responsibilities of spouses as to, during and at dissolution of marriage
  • Article 26: equal protection before the law

International Convention on the Elimination of all Forms of Racial Discrimination (CERD, adopted in 1965, entry into force in 1969)

  • Article 5(d) (v): the right to own property
  • Article 5(d) (vi): the right to inherit
  • Article 5(e)(iii): the right to housing
    In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights:
    (e) Economic, social and cultural rights, in particular:

    (iii) The right to housing;

Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW, adopted in 1979, entry into force in 1981)

  • Article 1: definition of discrimination
  • Article 13: women’s equal right to bank loans, mortgages and other forms of financial credit
  • Article 14(2)(h): rural women’s right to enjoy adequate living conditions, including in relation to housing

    States Parties shall take all appropriate measures to eliminate discrimination against women in rural areas in order to ensure, on a basis of equality of men and women, that they participate in and benefit from rural development and, in particular, shall ensure to such women the right:

    (h) To enjoy adequate living conditions, particularly in relation to housing, sanitation, electricity and water supply, transport and communications.

  • Article 15: women’s equal rights to conclude contracts and administer property
  • Article 16 (1)(c): equal rights and responsibilities during and at dissolution of marriage
  • Article 16(1)(h): equal rights for both spouses in respect of ownership, acquisition, management, administration, enjoyment and disposition of property

Convention on the Rights of the Child (CRC, adopted in 1989, entry into force in 1990)

  • Article 2: the right to non-discrimination
  • Article 27: the right to an adequate standard of living, including housing
    States Parties, in accordance with national conditions and within their means, shall take appropriate measures to assist parents and others responsible for the child to implement this right and shall in case of need provide material assistance and support programmes, particularly with regard to nutrition, clothing and housing.

International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (adopted in 1990, entry into force in 2003)

  • Article 7: right to non-discrimination
  • Article 15: right to property
  • Article 43(1)(d): access to housing and protection against rent exploitation

  • Migrant workers shall enjoy equality of treatment with nationals of the State of employment in relation to:

    (d) Access to housing, including social housing schemes, and protection against exploitation in respect of rents;

Convention relating to the Status of Refugees (adopted in 1951,entry into force 1954)

  • Article 21: treatment regarding access to housing as favourable as possible

    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 circumstances

Convention (No. 169) concerning Indigenous and Tribal Peoples in Independent Countries (adopted in 1989, entry into force 1991)

  • Article 3: right to non-discrimination for all -
  • Article 4: special measures to safeguard property -
  • Article 7: right of indigenous and tribal peoples to their own decisions regarding the land they occupy or otherwise use -
  • Article 8(2): right to retain own customs and institutions, where these are not incompatible with international human rights -
  • Article 14: recognition and protection of the right to ownership and possession over the lands which indigenous and tribal peoples traditionally occupy, and the right of use for subsistence and traditional activities. -
  • Article 16: relocation from land only with free and informed consent, the right to return or equal land and compensation. -
  • Article 17: indigenous procedures for transmission of land rights to be respected.

Convention (117) concerning Social Policy (adopted in 1962, entry into force in 1964)

  • Article 2: improvement of standard of living
  • Article 4(d): tenants protection
  • Article 5(2): need for housing

International Convention on the Suppression and Punishment of the Crime of Apartheid (adopted in 1973, entry into force 1976)

  • Article II(b) and (d): prohibition of creation of separate reserves or ghettos for the members of a racial group or groups or the expropriation of landed property of members of a racial group or groups
    For the purpose of the present Convention, the term "the crime of apartheid", which shall include similar policies and practices of racial segregation and discrimination as practised in southern Africa, shall apply to the following inhuman acts committed for the purpose of establishing and maintaining domination by one racial group of persons over any other racial group of persons and systematically oppressing them:
  • (b) Deliberate imposition on a racial group or groups of living conditions calculated to cause its or their physical destruction in whole or in part;

    (d) Any measures, including legislative measures, designed to divide the population along racial lines by the creation of separate reserves and ghettos for the members of a racial group or groups, the prohibition of mixed marriages among members of various racial groups, the expropriation of landed property belonging to a racial group or groups or to members thereof;

 
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