Women’s housing rights are upheld in international and regional human rights standards and legal instruments Despite the legal protections that exist, women and girls continue to bear the brunt of the global housing rights crisis and are disproportionately affected by housing rights violations Women and girls throughout the world have a right to nondiscrimination based on sex, and a right to gender equality
Women and Housing Rights WOMEN’S HOUSING RIGHTS: Basic Standards and Principles barriers are too often rooted in systems of gender-based discrimination and prejudice, which undermine women’s autonomy and negatively impact their ability to realise the full range of their human rights on an equal basis with men.
At the beginning of the third millennium, some 1.2 billion people worldwide are living in conditions of extreme poverty. While the number itself is staggering, we must also remember that global poverty is not a gender neutral phenomenon. Indeed, some 70 per cent of the world’s poor are women, and in all parts of the world, women face entrenched barriers to the full enjoyment of their housing rights. These
Throughout the world today, women’s housing insecurity takes many forms. Women’s housing rights are not peripheral issues – they are central to improving the lives of women and girls in all regions of the world. For women in particular, housing rights are intimately connected to their security, health and wellbeing. If they are unable to fully enjoy their housing rights, women cannot be the architects of their own destiny, they cannot exercise true independence, and they become vulnerable to a myriad other human rights violations.
Housing rights are widely recognised throughout international, regional and national laws, and all countries possess legal obligations to respect, protect and fulfil housing rights. Various international human rights instruments enshrine women’s rights to equality and non-discrimination, rights which fundamentally intersect with women’s housing rights. At the international level, women’s housing rights are enshrined in the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, and the Convention on the Elimination of All Forms of Discrimination Against Women, among others. Despite this, however, women around the world face de facto and de jure discrimination in access to housing, land and services due to sexist customs and traditions, lack of rights awareness and/or persistence of gender bias in the formulation and implementation of national laws and policies.
adopt positive measures to ensure women’s de facto equality in all areas, including housing. Human rights apply to everyone, everywhere, regardless of gender, yet the hardships that women endure when their housing rights are violated are often viewed as private concerns. Under international human rights law, it is clear that the State has an essential duty to protect women from gender-based discrimination, and to respect, protect and fulfil their economic, social and cultural rights, including the right to adequate housing. Right to adequate housing: Women must be ensured of security of tenure and all other aspects which make a home adequate for herself and her family. An adequate home is one which is safe, secure, affordable, and provides essential services necessary to one’s health and well-being, including water, sanitation and electricity. Right to protection from forced eviction and displacement: Women should be protected
from forced evictions and displacement from their homes, lands and residences, whether at the hands of private or public actors. Securing women’s rights to housing and land is fundamental to improving women’s status, and their lives. Without independent rights to adequate housing and land, women remain precariously dependent on males and susceptible to lives of insecurity, abuse and exploitation. Non-discrimination and equality: Women should be protected from discrimination on the basis of their gender and must be able to enjoy housing rights on an equal basis with men. States should
Freedom of movement and restitution rights: Women have freedom of movement and a right to choose their place of residence. Women who has been arbitrarily or unlawfully deprived of housing and land should be able to benefit equitably from restitution and/or compensation. Genuine consultation and participation in decision making: Women have a right to be genuinely consulted and to participate in decisions on all matters related to housing policy. Prohibition of arbitrary and discriminatory laws: All national laws related to housing and land rights must fully guarantee the equal rights of women, and protect them from discrimination in both law and practice. Discriminatory laws should be repealed or amended to be fully consistent with international human rights standards.