Volume #46: The Making of a Universal Human Right

Page 1

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


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