Policy Instrument:
Definition
Adequate housing requires the fulfilment of several essential criteria. It must ensure security of tenure, providing protection against forced evictions, harassment, and other threats. Housing should include access to essential services, materials, facilities, and infrastructure, such as safe drinking water, sanitation, energy, and waste management. It must be affordable, ensuring that costs do not compromise the enjoyment of other human rights. Housing should also be habitable, offering safety, adequate space, and protection from environmental and structural hazards. It must be accessible, taking into account the needs of disadvantaged and marginalized groups. In addition, housing should be well located, with access to employment opportunities, health care, education, and other social services, and should not be situated in polluted or hazardous areas. Finally, housing must be culturally adequate, respecting and supporting the expression of cultural identity.
Targeting
Persons lacking access to minimally adequate housing, i.e., experiencing homelessness, can be classified under three main categories, as follows:
- People without accommodation, usually in extreme poverty, experiencing human rights violations, who could be reached via implementation of social protection floor guarantees, i.e., health and income security (e.g. people sleeping in the streets, open spaces, public roofed spaces or buildings not intended for human habitation).
- People living in temporary or crisis accommodation who could be targeted in social housing programmes and other social protection schemes to support entry in the labour market (e.g. people staying in night shelters, homeless hostels, accommodations for those fleeing domestic violence (DV), camps provided for internally displaced persons/asylum-seekers / refugees).
- People living in severely inadequate and insecure housing (e.g, people sharing with friends and relatives on a temporary basis; people living under threat of violence: people squatting in conventional housing; people living in conventional housing that is unfit for human habitation; people living in extremely overcrowded conditions).
Key interventions
In general, measures to ensure access to adequate housing pursue several key objectives. These include preventing homelessness and avoiding its criminalization, as well as prohibiting and preventing forced evictions, including those resulting from unpaid rents, mortgages, or other housing-related expenses. Such measures also promote the upgrading of informal settlements and support sustainable urbanization. They seek to address discrimination, marginalization, and spatial segregation, while ensuring gender equality and tenure security for all. In addition, they aim to strengthen income security and improve access to basic infrastructure and essential services.
Key interventions to achieve these objectives include:
- Public housing services or social rental housing: governments can provide social housing alternatives to ensure individuals can access housing even when they are unable to afford it; they can be fully subsidised or offered at rates below market prices
- Reintegration and rehabilitation services: including mental health and psychosocial support.
- Housing benefits: providing housing benefits to groups affected by disasters or other vulnerable groups, including to prevent evictions due to unaffordability (i.e, support to finance self-provision of housing regeneration/upgrade: housing programs targeting people on-the-move, i.e., refugees, asylum-seekers and IDPs).
- Taxation and tax incentive programmes: Tax relief for access to home ownership
- Rental interventions: include measures to improve affordability, security, and equity in the housing market. These encompass rent assistance provided to tenants or private landlords, as well as rent regulation policies, including controls on initial rent levels and subsequent increases. They also involve setting and enforcing minimum quality standards for rental dwellings. Additional measures include tax relief for rental costs, rent guarantees and deposit support, and regulations governing tenant screening to prevent discriminatory exclusion, particularly on the basis of income instability.
- Homeownership programmes, home savings schemes, and preferential housing credit schemes: aim to expand access to affordable ownership opportunities. These include the provision of flexible, low-interest housing finance to enable low-income households to build creditworthiness. They also involve subsidised mortgages and guarantees for homebuyers, as well as targeted subsidies to facilitate homeownership. In addition, mortgage relief measures can support over-indebted homeowners and reduce the risk of foreclosure.
- Energy poverty and climate-neutral housing: addressing the impact of high utility costs on low-income households, which can undermine both the habitability and affordability of adequate housing. Key interventions include targeted subsidies for low-income families to reduce energy expenses, as well as direct financial support to real estate developers to promote the construction of new energy-efficient buildings.
- Upgrading of informal settlements: improving living conditions and security for residents of slums and unplanned areas. Interventions include slum-improvement programs, financing for the acquisition of land and construction or improvement of homes for low-income families, and support to fund housing upgrades that enhance safety, infrastructure, and overall habitability.
Poor and vulnerable groups, including:
- Women
- Children and adolescents
- Youth
- Slum-dwellers
- Homeless persons
- Persons with disabilities
- Displaced persons and migrants, and
- Indigenous peoples and ethnic minorities
Lack of measurement and documentation: Barriers related to insufficient or incomplete data and knowledge concerning homelessness can prevent adoption of policies and programmes to provide adequate housing.
Need for substantial resources: Certain measures to ensure housing affordability require substantial resources. But governments can prioritize actions that specifically target the most vulnerable groups of the population. However, it is often challenging to inform and reach these groups, who might distrust public institutions. In addition, housing policy implementation agencies might be resistant to involving vulnerable populations in their programmes and procedures for accessing public housing or housing benefits might be excessively bureaucratic or costly.
Stigma: issues related to the non-utilization of rights are significant, in particular when individuals are unaware of their eligibility for certain benefits or when receiving subsidies is linked to stigma and prejudice against beneficiaries.
Discrimination: government benefits might be excluded based on nationality, residency or other statuses, or be reserved for households meeting specific eligibility criteria. This can result in situations where the majority of the most vulnerable are excluded from these benefits, pushing them into the informal housing market.
Quality, location and social integration: Public housing programs often face challenges, such as subpar construction, use of low-quality materials or inadequate maintenance. To cut costs, public housing is frequently situated in less desirable locations or constructed as large housing complexes that hinder social integration or reinforce the concentration and segregation of low-income households in specific areas. These issues can be mitigated or addressed through inclusive urban zoning and planning, large-scale public ownership or management of land and housing, professional management of public housing inventory, and models that promote tenant involvement in housing management. In addition, consideration should be given to ensuring that social housing is not solely designed for the most vulnerable in society, but also caters to tenants with median incomes. It might be prudent to position the provision of social or public housing as one element within a spectrum of measures by local, regional or national governments to enhance living conditions for low- and middle-income households.
Higher rents: While many rent assistance programmes have notably enhanced affordability and access to adequate housing for low-income households, they may inadvertently lead to higher rents in the private rental market. A substantial portion of rent assistance may ultimately benefit corporate and private landlords, who take advantage of the rent assistance provided and thereby limit its redistributive impact. This underscores the importance of coupling such programmes with rent ceilings and rent containment measures. States should also ensure that rent assistance does not result in discrimination and that beneficiaries enjoy access on an equal footing with other applicants for rental housing.
Barriers related to governance often include:
- Insufficient individualized and tailored social support;
- Ineffective coordination among various stakeholders and involvement of persons with lived experiences of homelessness;
- Insufficient coordination among health-care systems, criminal justice systems, institutions caring for minors and institutions responsible for assisting minors as they come of age;
- Insufficient focus on prevention;
- Limited political will and social mobilization.
SDG 5 - Gender equality
- Target 5.2 - Eliminate all forms of violence against all women and girls in the public and private spheres, including trafficking and sexual and other types of exploitation
SDG 6 - Clean water and sanitation
- Target 6.2 - By 2030, achieve access to adequate and equitable sanitation and hygiene for all and end open defecation, paying special attention to the needs of women and girls and those in vulnerable situations
SDG 8 - Decent work and economic growth
- Target 8.5 - By 2030, achieve full and productive employment and decent work for all women and men, including for young people and persons with disabilities, and equal pay for work of equal value
SDG 10 - Reduced inequalities
- Target 10.4 - Adopt policies, especially fiscal, wage and social protection policies, and progressively achieve greater equality
- Target 10.7 - Facilitate orderly, safe, regular and responsible migration and mobility of people, including through the implementation of planned and well-managed migration policies
SDG 11 - Sustainable cities and communities
- Target 11.1 - By 2030, ensure access for all to adequate, safe and affordable housing and basic services and upgrade slums
- Target 11.5 - By 2030, significantly reduce the number of deaths and the number of people affected and substantially decrease the direct economic losses relative to global gross domestic product caused by disasters, including water-related disasters, with a focus on protecting the poor and people in vulnerable situations
Universal Declaration of Human Rights: art 25.1
International human rights treaties:
- Convention on the Elimination of all Forms of Racial Discrimination
- International Covenant on Economic, Social and Cultural Rights
- International Covenant on Civil and Political Rights
- Convention on the Elimination of All Forms of Discrimination Against Women
- Convention on the Protection of Rights of All Migrant Workers and Members of their Families
- Convention on the Rights of the Child
- Convention on the Rights of Persons with Disabilities
WHO Guidelines on Housing and Health Right to Healthy Indoor-Air
Declarations of the United Nations:
- Declaration on the Right to Development: art 1.1, 2.1, 2.3, 8.1 and 8.2
- United Nations Principles for Older Persons: 5, 6, 14, 17
- Durban Declaration and Programme of Action
- United Nations Declaration on the Rights of Indigenous Peoples: art. 10, 21.1, 23, 26, 27, 28, 32
- Declaration on the Rights of Peasants: art. 17 and 24
- United Nations United Nations Minimum Standard Rules for the Treatment of Prisoners: rule 11-17, 21, 59 and 108
- Sendai Framework for Disaster Risk Reduction: § 19
- Vancouver Declaration on Human Settlements
- Istanbul Declaration on Human Settlements
- New Urban Agenda
- UN Chart on Sustainable Housing
Guiding Principles and Guidelines:
- Guiding Principles on Internal Displacement
- Guiding Principles on Property and Housing Restitution of Refugees and Displaced Persons
- Basic Principles and Guidelines on Development-based Evictions and Displacement
- Guiding Principles on Extreme Poverty and Human Rights
- Guiding Principles on Security of Tenure for the Urban Poor
- Guidelines for the Implementation of the Right to Adequate Housing
UN Resolutions and reports:
- E/RES/2020/7 - United Nations Economic and Social Council - Resolution adopted by the Economic and Social Council on 18 June 2020 - Affordable housing and social protection systems for all to address homelessness
- A/HRC/RES/43/14 - United Nations General Assembly, Human Rights Council - Resolution adopted by the Human Rights Council on 19 June 2020: Adequate housing as a component of the right to an adequate standard of living, and the right to non-discrimination in this context
- A/RES/76/133 - United Nations General Assembly - Resolution adopted by the General Assembly on 16 December 2021: Inclusive policies and programmes to address homelessness, including in the aftermath of the coronavirus disease (COVID-19)
- A/HRC/RES/49/17 - United Nations General Assembly, Human Rights Council - Resolution adopted by the Human Rights Council on 31 March 2022: Adequate housing as a component of the right to an adequate standard of living, and the right to non-discrimination in this context
- A/78/236 - United Nations General Assembly - Inclusive policies and programmes to address homelessness (Report of the Secretary-General)