Housing Rights

Housing is a human right

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Human rights are the rights that apply to every single person in the world.  

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Originally, human rights were defined in the Universal Declaration on Human Rights, which was adopted in 1948.

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In 1950, the European Convention on Human Rights. This protects the rights of people who belong to the Council of Europe, which includes the UK.

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The UK established the Human Rights Act 1998, which meant that human rights cases could be heard in UK courts, that public bodies in the UK must comply with human rights at all times and that new laws uphold human rights. 

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The International Covenant on Economic, Social and Cultural Rights (ICESCR) and the International Covenant on Civil and Political Rights (ICCPR) explain the binding commitments that countries have agreed to comply with. 

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The Right to Adequate Housing

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The ICESCR, defines:

“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.” (Article 11)

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“Adequate” housing is defined, by the Committee on Economic, Social and Cultural Rights, in the following way:

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• Legal security of tenure: Adequate housing must guarantee specific legal protection, such as protection against harassment, forced eviction and other possible threats.

• Availability of services, materials, facilities and infrastructure: Adequate housing has to provide the occupants with ‘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.’

• Affordability: Adequate housing must be affordable, so that the housing costs do not threaten or compromise the satisfaction and attainment of non housing basic needs. State parties should provide housing subsidies to ensure that those who cannot otherwise afford adequate housing are able to do so and that tenants are ‘protected by appropriate means against unreasonable rent levels.’

• Habitability: Adequate housing must have adequate space and protect its occupants from heat, cold, rain, damp, wind and other safety and health hazards.

• Accessibility: Adequate housing must be accessible to its occupants. This entails making necessary changes to housing depending on the occupants’ physical and mental health.

• Location: Adequate housing must be in a location that is not polluted and allows access to health care, childcare, schools, employment options and other possible social facilities.

• Cultural adequacy: The construction methods, materials used and relevant policies must reasonably enable cultural identity expression. This, for example, means that the UK and Scottish Governments have a responsibility to ensure that culturally adequate accommodation is available to Travellers, including transit accommodation.

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The Homesleness etc, (Scotland) Act 2003), gave the right to everyone assessed as being unintentionally homeless the right to accommodation. 

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If, therefore, you feel you are being discriminated against in relation to access to housing, references to both the Homesleness etc, (Scotland) Act 2003) and the ICESCR.

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Shelter Scotland has produced a comprehensive document addressing the topic and are able to provide support in individual cases.

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