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The University of Chicago Law Review Vol. 64, No. 3 (Summer, 1997) , pp. 765-807 (43 pages) Published By: The University of Chicago Law Review https://doi.org/10.2307/1600311 https://www.jstor.org/stable/1600311 Read and download Log in through your school or library Alternate access options For independent researchers Read Online Read 100 articles/month free Subscribe to JPASS Unlimited reading + 10 downloads Read Online (Free) relies on page scans, which are not currently available to screen readers. To access this article, please contact JSTOR User Support . We'll provide a PDF copy for your screen reader.With a personal account, you can read up to 100 articles each month for free. Get StartedAlready have an account? Log in Monthly Plan
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Journal Information The University of Chicago Law Review is a quarterly journal of legal scholarship. Often cited in Supreme Court and other court opinions, as well as in other scholarly works, it is among the most influential journals in the field. Students have full responsibility for editing and publishing the Law Review; they also contribute original scholarship of their own. The Law Review's editorial board selects all pieces for publication and, with the assistance of staff members, performs substantive and technical edits on each of these pieces prior to publication. Rights & Usage This item is part of a JSTOR Collection. Housing is the basis of stability and security for an individual or family. The centre of our social, emotional and sometimes economic lives, a home should be a sanctuary—a place to live in peace, security and dignity. Housing is a right, not a commodityIncreasingly viewed as a commodity, housing is most importantly a human right. Under international law, to be adequately housed means having secure tenure—not having to worry about being evicted or having your home or lands taken away. It means living somewhere that is in keeping with your culture, and having access to appropriate services, schools, and employment. Too often violations of the right to housing occur with impunity. In part, this is because, at the domestic level, housing is rarely treated as a human right. The key to ensuring adequate housing is the implementation of this human right through appropriate government policy and programmes, including national housing strategies. Evictions and displacementClimate change, natural disasters and armed conflict pose a threat to the enjoyment of the right to adequate housing and displace every year millions. Infrastructure development, hydro-power dams, and mega-events, such as Olympic Games or football World Cups, should contribute to the realization of the right to adequate housing and not undermine it. Housing and real estate markets worldwide have been transformed by global capital markets and financial excess. Known as the financialization of housing, the phenomenon occurs when housing is treated as a commodity – a vehicle for wealth and investment rather than a social good. Equality and non-discriminationWhile revenues from real estate have accumulated, our cities have become increasingly unaffordable. In many countries women, religious and ethnic minorities, indigenous peoples, persons with disabilities, migrants and refugees face discrimination in relation to housing or live in the most appalling conditions. Spatial segregation excludes many residents from equal access to public services, education, transportation and other opportunities. Local Governments are often at the forefront of the struggle for housing and can play a key role in protecting and realizing the right to adequate housing. Homelessness and informal settlementsMore than 1.8 billion people live in informal settlements or inadequate housing with limited access to essential services such as water and sanitation, electricity and are often under threat of forced eviction. And one of the most severe violations of the right to adequate housing—homelessness—has been on a steep increase in many economically advanced countries. Building back betterThe COVID-19 pandemic has underscored the need for everyone to have a safe home to shelter. The economic crisis that followed will see many people unable to pay their rent or mortgage. National, regional and local governments need to prevent a new disastrous wave of evictions and urgently address discriminatory patterns of social exclusion in the enjoyment of the right to adequate housing. Only together we can ensure that nobody will be left behind. The right to adequate housing in human rights lawAdequate housing was recognized as part of the right to an adequate standard of living in article 25 of the 1948 Universal Declaration of Human Rights and in article 11.1 of the 1966 International Covenant on Economic, Social and Cultural Rights. Other international human rights treaties have since recognized or referred to the right to adequate housing or some elements of it, such as the protection of one’s home and privacy. The right to adequate housing is relevant to all States, as they have all ratified at least one international treaty referring to adequate housing and committed themselves to protecting the right to adequate housing through international declarations, plans of action or conference outcome documents. Various international treaties and declarations referring to the right to adequate housing are available at the following link. The United Nations Committee on Economic, Social and Cultural Rights has underlined that the right to adequate housing should not be interpreted narrowly. Rather, it should be seen as the right to live somewhere in security, peace and dignity. The characteristics of the right to adequate housing are clarified mainly in the Committee’s general comments No. 4 (1991) on the right to adequate housing and No. 7 (1997) on forced evictions. The right to adequate housing contains freedoms.These freedoms include:
The right to adequate housing contains entitlements.These entitlements include:
Key elements of the right to adequate housingAdequate housing must provide more than four walls and a roof. A number of conditions must be met before particular forms of shelter can be considered to constitute “adequate housing.” These elements are just as fundamental as the basic supply and availability of housing. For housing to be adequate, it must, at a minimum, meet the following criteria:
PublicationOHCHR Fact Sheet on the right to adequate housing PDF: العربية | 中文 | English | Français | русский | Español Which of the following characteristics is more likely to be seen in a unitary state than in a federalist state?POLS 2010. Which of the following characteristics is more likely to be seen in a federalist state than a unitary state quizlet?Which of the following characteristics is more likely to be seen in a federalist state than a unitary state? legitimate. ability of the state to wield power to carry out the basic tasks of providing security and reconciling freedom and equality.
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