THE MAKING OF A UNIVERSAL HUMAN RIGHT
Abla el Bahrawy 1945–ongoing United Nations (UN)
WHO NEW YORK, US
DIFFERENT
· MEMBERS 193+
UN BODIES
1946–2006 United Nations Commission on Human Rights (UNCHR) 2006–ongoing United Nations Human Rights Council (UNHRC) NEW YORK, US · MEMBERS
53 NEW YORK, US · MEMBERS 47
1975–2002 United Nations
→ FORMERLY (UNCHR) WHAT
Habitat and Human Settlements Foundation (UNHHSF)
MOMENTS SHELTER HAS BEEN
2002–ongoing United Nations Human Settlement Program (UN-Habitat)
DEFINED AND DETAILED AS RIGHT
NEW YORK, US
Centre for Human Settlements, UNCHS (Habitat) NAIROBI, KENYA · MEMBERS 58 → FORMERLY UNHHSF, UNCHS,
1977–2002 United Nations
While the right to shelter had been previously articulated at the national level by certain Western countries, the Universal Declaration of Human Rights set out in 1946–8 to make it so for all. First declared under the umbrella of ‘an adequate standard of living’, the UN has charged itself since its inception with determining what the right to shelter actually means and how it can be both provided and ensured. To actually do so in a universal – not to mention appropriate – manner is quite the daunting task though and stands largely unresolved. These diagrams chart out the historical evolution of the universal right to shelter in anticipation of witnessing its future during the Habitat III Conference, to take place in Quito in 2016.
UN COMMISSION ON HUMAN SETTLEMENTS NEW YORK, US · MEMBERS 58
1977–2002 United Nations
Commission on Human Settlements HOW UN EVENTS
NEW YORK, US · MEMBERS 58
IMPLEMENTING THE RIGHT
1985–ongoing Committee on Economic, Social and Cultural Rights (CESCR)
CONFERENCES
DOCUMENTS NEW YORK, US · MEMBERS 18
TEXTS
1993–ongoing UN Office of the High Commissioner for Human Rights (OHCHR) GENEVA, SWITZERLAND
2000–ongoing Special Rapporteur on adequate housing** ** as a component of the right to an adequate standard of living, and on the right
UN OFFICE OF THE HIGH COMMISSIONER FOR HUMAN RIGHTS (OHCHR)
THE INTERNATIONAL YEAR OF SHELTER FOR THE HOMELESS (IYSH)
to non-discrimination in this context
THE GLOBAL STRATEGY FOR SHELTER TO THE YEAR 2000
(HABITAT) UNCHS
(HABITAT) UNCHS
DECLARED 1981 · RECOGNIZED 1987
1988
HABITAT I
HABITAT II
HABITAT II, Istanbul +5
WORLD URBAN FORUM #7
HABITAT III
VANCOUVER, CANADA, 1976
ISTANBUL, TURKEY, 1996
NEW YORK, US, 2001
MEDELLIN, COLOMBIA, 2014
QUITO, ECUADOR, 2016
UNHHSF
(HABITAT) UNCHS
HABITAT AGENDA
VANCOUVER DECLARATION
STARTED 1996
ON HUMAN SETTLEMENTS
(HABITAT) UNCHS
UN-HABITAT
UN-HABITAT
MEDELLIN DECLARATION
DECLARATION ON CITIES AND
EXPECTED RESULTING DOCUMENT:
OTHER HUMAN SETTLEMENTS
NEW URBAN AGENDA
IN THE NEW MILLENNIUM STARTED
2001 OPTIONAL PROTOCOL TO THE INTER NATIONAL COVENANT ON ECONOMIC SOCIAL AND CULTURAL RIGHTS
THE INTERNATIONAL COVENANT ON ECONOMIC,
CESCR
SOCIAL, AND CULTURAL RIGHTS (ICESC R)
ADOPTED
UNITED NATIONS
PUT INTO FORCE
NO. OF COUNTRIES 45
DRAFTED 1954 · SIGNED 1966 · EFFECTIVE 1976
2008 2013
SIGNATORIES 71 · CURRENT # OF PARTIES 164 NEW YORK, US
UNIVERSAL DECLARATION
THE INTERNATIONAL COVENANT
GENERAL COMMENT #4:
GENERAL COMMENT #7:
OF HUMAN RIGHTS (UDHR)
ON CIVIL AND POLITICAL RIGHTS (ICCPR)
THE RIGHT TO ADEQUATE HOUSING
THE RIGHT TO ADEQUATE HOUSING
UNITED NATIONS
UNITED NATIONS
CESCR
CESCR
DRAFTED 1946 · ADOPTED 1948
DRAFTED 1954 · SIGNED 1966 · EFFECTIVE 1976
ADOPTED 1991 · PUBLISHED 1992
ADOPTED 1997 · PUBLISHED 1998
SIGNATORIES 48 · # OF ACCEPTING COUNTRIES 193
SIGNATORIES 74 · CURRENT # OF PARTIES 168
GENEVA
GENEVA
PARIS, FRANCE
1945
1950
1955
1960
NEW YORK, US
1965
1970
1975
1980
1985
1990
1995
2000
2005
visualization Julia Neller
2010
2015
2020
General Comment #4: The Right to Adequate Housing
The International Covenant on Civil and Political Rights
Universal Declaration of Human Rights
(ICESCR)*
(UDHR)
The International Covenant on Economic, Social, and Cultural Rights
(ICCPR)
WHAT ARTICLE 3
ARTICLE 11
ARTICLE 12
Everyone has the right to life, liberty,
1. The States Parties to the present Covenant
1. Everyone lawfully within the territory
security of person.
ARTICLE 11 (1) OF THE COVENANT (ICESCR)* 6. The right to adequate housing applies to everyone …
(d) ...Adequate housing must be providing the
7. ... The right to housing should be seen as the right
inhabitants with adequate space and protecting
the right to liberty of movement and freedom
to live somewhere in security, peace and dignity ...
them from cold, damp, heat, rain, wind or other
to choose his residence.
The right to housing should be ensured to all persons
threats to health, structural hazards, and disease
recognize the right of everyone to an adequate
of a State shall, within that territory, have
ARTICLE 12
standard of living for himself and his family,
No one shall be subjected to arbitrary
including adequate food, clothing and housing,
interference with his privacy, family, home
and to the continuous improvement of living
or correspondence,
conditions. The States Parties will take
nor to attacks upon his honour and reputation.
appropriate steps to ensure the realization of
Everyone has the right to the protection of the
this right, recognizing to this effect the
be subject to any restrictions except those
lighting and ventilation, adequate basic infrastruc
(f) ... adequate housing must be in a location which
law against such interference or attacks.
essential importance of international
which are provided by law, are necessary
ture and adequate location with regard to work and
allows access to employment options, healthcare
cooperation based on free consent.
to protect national security, public order
basic facilities all at a reasonable cost”.
services, schools, childcare centres and other social
ARTICLE 13 1. Everyone has the right to freedom of movement
resources ... “Adequate shelter means ... adequate
including his own.
privacy, adequate space, adequate security, adequate
3. The above-mentioned rights shall not
8. (a) ... all persons should possess a degree of security
(ordre public), public health or morals or the
and residence within the borders of each state. 2. Everyone has the right to leave any country, including his own, and to return to his country.
irrespective of income or access to economic
2. Everyone shall be free to leave any country,
rights and freedoms of others, and are
of tenure which guarantees legal protection against
consistent with the other rights recognized
forced eviction, harassment and other threats ... (b) ... All beneficiaries of the right to adequate
in the present Covenant.
ARTICLE 17
housing sustainable access to natural and common
4. No one shall be arbitrarily deprived
1. Everyone has the right to own property
resources, safe drinking water, energy for cooking,
of the right to enter his own country.
alone as well as in association with others. 2. No one shall be arbitrarily deprived of his property.
facilities ... housing should not be built on polluted sites nor in immediate proximity to pollution sources that threaten the right to health of the inhabitants; (g) ... The way housing is constructed … must enable the expression of cultural identity and diversity of housing ...
heating and lighting, sanitation and washing facilities,
1. No one shall be subjected to arbitrary or unlawful
means of food storage, refuse disposal, site
or unlawful interference with one’s privacy, family,
drainage and emergency services;
home or correspondence constitutes a very
ARTICLE 25
or correspondence, nor to unlawful attacks
1. Everyone has the right to a standard of living
on his honour and reputation.
(c) ... tenants should be protected by appropriate means against unreasonable rent levels or rent increases ...
2. Everyone has the right to the protection
and of his family, including food, clothing,
entitled to it ...
ARTICLE 17 interference with his privacy, family, home
adequate for the health and well-being of himself
vectors ... (e) ... Adequate housing must be accessible to those
9. ... the right not to be subjected to arbitrary
important dimension in defining the right to adequate housing. ...
of the law against such interference or attacks.
housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widow DRAFTED 1954 · YEAR SIGNED 1966 · EFFECTIVE 1976
hood, old age or other lack of livelihood in circum stances beyond his control.
SIGNED 1966, EFFECTIVE 1976
SIGNATORIES
ADOPTED 1991 · PUBLISHED 1992
74
SIGNATORIES 71 DRAFTED 1946 · ADOPTED 1948
United Nations General Assembly
United Nations General Assembly
PARIS, FRANCE
NEW YORK, USA
NEW YORK, USA
# OF ACCEPTING COUNTRIES 193
CURRENT # OF PARTIES 164
CURRENT # OF PARTIES 168
Volume 46
United Nations General Assembly
Volume 46
SIGNATORIES 48
3
4
UN Committee on Economic, Social, and Cultural Rights (CESCR) GENEVA
WHO