1. Introduction

The concept of a “right to housing” has evolved significantly over the past century, moving from a humanitarian concern to a legally recognized entitlement under international human rights frameworks. This right acknowledges housing as essential for human dignity, health, and well-being, rather than simply a commodity to be bought and sold in the market. Its importance is underscored by global challenges such as homelessness, inadequate housing conditions, and forced displacements, which disproportionately affect vulnerable populations. Understanding the right to housing involves examining its historical development, its legal basis, and the ongoing efforts to implement it worldwide, along with the diverse policy approaches and inherent challenges in its full realization. It also intersects with broader concepts of urban justice, such as the “right to the city.”

2. Genesis and History

The origins of the right to housing can be traced to early social welfare movements and constitutional provisions in various countries that recognized the state’s role in ensuring basic living conditions. However, it gained prominence on the international stage with the Universal Declaration of Human Rights (UDHR) in 1948, which declared, “Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services ^[1]. This foundational statement was further elaborated and legally enshrined in the International Covenant on Economic, Social and Cultural Rights (ICESCR) in 1966, where Article 11(1) explicitly recognizes “the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and for the continuous improvement of living conditions”^[2].

A pivotal interpretative document is General Comment No. 4 (1991) on the Right to Adequate Housing by the UN Committee on Economic, Social and Cultural Rights (CESCR). This comment provided a detailed understanding of the components of the right to adequate housing, emphasizing its multifaceted nature beyond basic shelter and outlining the obligations of states parties ^[3].

3. Related Concepts and Principles

The right to housing is intrinsically linked with other human rights, such as the right to a good standard of living, health, dignity, and protection from discrimination ^[3]. It is often understood through the lens of “adequate housing,” a concept that goes beyond mere shelter to include several core components as elaborated by the CESCR ^[3][4]:

Legal Security of Tenure: According to UN Habitat, this refers to the degree of “legal protection against forced eviction, harassment, and other threats, regardless of the type of tenure” (e.g., such as rental, owner-occupancy, cooperative housing, or emergency housing) ^[3][5]. It means that all persons should have a degree of security that guarantees legal protection, and states should take immediate measures to confer such protection, especially upon those currently lacking it ^[3]. For instance, studies show that people with disabilities are less likely to own their homes (68% vs. 74% for those without disabilities in Canada in 2022) and are more often forced to move due to economic hardship or other conflicting reasons ^[6]. Tenure security is essential for preventing homelessness and ensuring stability ^[5].

Availability of Services, Materials, Facilities, and Infrastructure: According to UN Habitat, these referrers to “an adequate house must contain certain essential facilities for health, security, comfort, and nutrition” ^[3][4]. This might include sustainable access to safe drinking water, adequate sanitation and washing facilities, energy for cooking, heating, and lighting, means of food storage, refuse disposal, and site drainage, as well as emergency services ^[3][7]. In the world is estimated that in 2022, about 1.6 billion people lived without adequate shelter, and over 1.12 billion lived in informal settlements and slums—often lacking basic services ^[8][9][10]. The World Bank estimates that at least 603 million households “in emerging economies lack access to at least one of the seven dimensions of adequate housing” ^[9].

Affordability: For a home to be affordable, a person needs to be able to afford other basic needs such as transportation, food, healthcare, and education ^[3]. Housing affordability is often measured by the rent-to-income or house-price-to-income ratio, with a common benchmark being that housing costs should not exceed 30% of a household’s income; exceeding this indicates a “cost-burdened” household ^[11][12]. This ratio or measure has received numerous critiques, particularly when applied to working poor individuals. According to the Center for Housing Policy, the lowest-income households faced the highest housing cost burdens ^[13]. In 2014, those categorized as “extremely low income” had 78.8% of their income allocated to housing costs ^[13].

Habitability: Adequate housing must protect owners and renters from disease, the weather (e.g., cold, heat, rain, wind, dust, etc.), and other environmental hazards ^[3][4]. It should guarantee the physical safety of occupants ^[3]. This includes essential elements such as working plumbing, safe electrical systems, heating, sturdy roofs and walls, unbroken windows and doors with working locks, and protection from environmental hazards like lead or mold ^[14]. Many jurisdictions have an “implied warranty of habitability” requiring landlords to maintain these minimum standards ^[14].

Accessibility: Adequate housing must be accessible to all, especially disadvantaged groups who often face barriers ^[3][4]. This includes people experiencing homelessness, disabilities or health conditions, older adults, children, victims of natural disasters, immigrants, and minority groups ^[3][15]. Accessibility standards, such as those outlined in the Americans with Disabilities Act (ADA) or the UN Convention on the Rights of Persons with Disabilities (CRPD), mandate features like accessible routes, wider doorways, ramps, and adapted bathroom facilities to ensure full and equal enjoyment of housing ^[15][16].

Location: Adequate housing must be in a location that allows access to employment options, shopping, medical facilities, schools, community centers, childcare, public transportation, and other community facilities ^[3][4]. It should not be built on polluted sites or in immediate proximity to pollution sources, or unsafe areas ^[17]. A well-chosen location can significantly impact quality of life by reducing commute times and ensuring access to essential amenities and social networks ^[18].

Cultural Adequacy: The design, construction, and materials used for housing, along with supporting policies, must appropriately enable the expression of cultural identity and diversity ^[3][4]. This means respecting and accounting for the beliefs, traditions, and evolving needs of the inhabitants, particularly for indigenous peoples and other cultural groups ^[19]. For example, culturally appropriate housing for indigenous communities might integrate multi-generational living spaces, enable traditional practices like food preparation and storage, or utilize local, resilient building materials ^[19].

Beyond individual housing, the right to housing also connects with broader concepts of urban justice, notably the “right to the city.” Coined by Henri Lefebvre, the “right to the city” is a more expansive notion that asserts the right of all inhabitants to participate in and enjoy urban life, including access to services, public spaces, and the power to shape the city’s development ^[20]. While the right to housing focuses on the provision and adequacy of shelter, the right to the city views housing as a crucial component of a more comprehensive claim to urban space and resources. It emphasizes the “use value” of urban space over its “exchange value”—promoting the idea that housing and urban resources should be treated as social goods rather than mere commodities. This perspective is further explored in “A Right to Housing: Foundation for a New Social Agenda” ^[21], which offers an analysis of the social, economic, and political dimensions of the right to housing and advocates for a new social agenda centered on housing as a fundamental right. Thus, secure and decent housing is essential for realizing the full “right to the city,” allowing individuals to fully participate in social, economic, and cultural urban life without marginalization or exclusion.

4. Policy, Measures, and Implementation Mechanisms

States that are parties to the ICESCR are obliged to “take steps, individually and through international assistance and cooperation, to the maximum of their available resources, to achieve progressively the full realization” of the right to housing ^[2]. This involves a range of policy and legislative measures:

National Housing Strategies: Many countries develop comprehensive national housing strategies that set targets for housing provision, affordability, and quality, often involving cross-sectoral collaboration between government ministries, local authorities, and civil society. These strategies typically outline specific funding mechanisms, policy tools (e.g., subsidies, tax incentives), and monitoring frameworks to systematically address housing needs and obligations under international human rights law, moving beyond ad-hoc interventions to a more planned approach ^[8][9].

Legal Frameworks: Enacting robust legislation is crucial to protect tenants from arbitrary evictions, regulate rental markets, and provide legal aid for housing-related disputes. Beyond anti-eviction measures, these frameworks often include tenant rights regarding maintenance, privacy, and non-discrimination ^[22]. Some countries, like South Africa, have explicitly enshrined the right to housing in their constitution, leading to significant legal precedents that guide state obligations and provide legal recourse for citizens ^[3]. Furthermore, anti-discrimination laws, such as the Fair Housing Act in the U.S., aim to prevent discriminatory practices in housing based on race, religion, gender, disability, familial status, and other protected characteristics—ensuring equitable access to all ^[23].

Public Housing Programs and Subsidies: Direct provision of affordable housing units by the state (social, public, or subsidized housing) or through public-private partnerships, alongside rental subsidies or housing allowances for low-income households, are common measures ^[24]. These programs vary in model, from large-scale public housing projects to smaller, dispersed units or cooperative housing. Finland, for example, has significantly reduced homelessness through a “Housing First” policy, which prioritizes providing permanent housing without preconditions, demonstrating a successful model of integrated support ^[25]. While crucial for addressing housing deficits, these programs often face challenges related to funding, stigmatization, and maintaining sufficient supply to meet demand ^[24][25].

Land Use and Zoning Regulations: Policies that influence land availability, density, and cost are critical for enabling affordable housing development and counteracting market pressures. Historically, exclusionary zoning laws, which restrict density or dictate single-family residential zones, have contributed to housing segregation and unaffordability ^{[26][27][28][29][30]}. Progressive zoning reforms, however, can promote inclusionary housing by requiring developers to set aside a percentage of units as affordable (often between 10-20%), or through upzoning (allowing higher density) in transit-rich areas ^[31]. Streamlined approval processes and reduced regulatory barriers can also encourage the construction of diverse housing types such as townhomes, accessory dwelling units, or infill housing ^[12].

Eviction Moratoriums and Protections: During economic downturns or public health crises, governments may implement temporary measures like eviction moratoriums to protect vulnerable populations from homelessness and displacement, as widely seen during the COVID-19 pandemic ^[32][33][34]. These measures aim to stabilize housing security in the short term, but their effectiveness can be limited without complementary policies, such as rental assistance programs, to prevent a “cliff” effect once the moratoriums expire. International human rights law unequivocally condemns “forced evictions as gross violations of human rights,” particularly the right to adequate housing, emphasizing the state’s obligation to provide legal and other protections against them, and to explore all feasible alternatives before resorting to eviction ^[5].

5. Challenges and Regional Variations

Despite international recognition, the implementation of the right to housing encounters numerous challenges, varying significantly across different world regions:

Global South: Rapid urbanization, informal settlements (slums), and inadequate infrastructure are prevalent. Millions live in precarious conditions without secure tenure, facing constant threats of forced eviction. Economic disparities and insufficient public investment exacerbate these issues ^[5].

Global North: While often having more developed housing markets, challenges do include informality (e.g., informal housing reconstruction, informal homeownership, etc.) ^{[35][36][37][38][39]}. However, major issues include rising housing unaffordability, gentrification, increasing homelessness rates, and the impact of short-term rental markets on housing supply. The financialization of housing, where housing is treated primarily as an investment rather than a social good, contributes to these crises ^[6].

Climate Change and Disasters: Environmental factors increasingly threaten housing security, leading to displacement and destruction of homes, particularly in vulnerable coastal areas and regions prone to extreme weather events.

Organizations like UN-Habitat play a crucial role in promoting sustainable urban development and advocating for the realization of housing rights globally, providing technical assistance and supporting policy development in member states ^[5][6].

6. Conclusions and Prospects

The right to housing is a crucial component of having a dignified life and a cornerstone of human rights. Although significant progress has been made in its recognition and definition within international law and national constitutions, the practical realization of this right for all remains a pressing global challenge. Continued commitment from states and local governments to implement progressive policies, coupled with robust legal frameworks, increased public investment, and collaborative international efforts, is essential to ensure that everyone can enjoy the right to adequate housing, free from discrimination and precarity. Addressing this fundamental right requires comprehensive approaches that consider economic, social, and environmental dimensions of housing, and it is a core element of the broader aspiration for a “right to the city” where all inhabitants can fully participate in and shape their urban environment.

Abbreviations

ADA：Americans with Disabilities Act

CESCR：Committee on Economic, Social, and Cultural Rights

CRPD：UN Convention on the Rights of Persons with Disabilities

ICESCR：International Covenant on Economic, Social, and Cultural Rights

UDHR：Universal Declaration of Human Rights