Housing Rights in Constitutional Legislation

Abstract

Housing rights are conditions granted by statutes or entitlements by law that rest on the understanding of a need for housing and imply certain duties and obligations either taken by the state or other entities and individuals. At the international level, housing rights are embedded in the Universal Declaration of Human Rights and in the International Covenant on Economic Social and Cultural Rights. Although much has been written about housing rights in the international human rights context, little comparative work has been published at the national level, particularly in relation to any classification or categorization of the status of housing rights in constitutions. This paper focuses at housing rights at the level of national constitutions. It presents an overview of the current state of the right to housing within national constitutions, and a classification of constitutional housing rights. The classification, which is based on a survey of 205 national constitutions (including non-sovereign states), reveals three major forms by which countries have chosen to incorporate housing into their constitutions: a) The explicit (direct) right to housing; b) Embedded rights, that is, rights included in articles referring to housing as a component of some other right; c) Indirect or implied rights. Examination of the entire set of constitutions shows the complexity of housing rights. They are not always presented in distinct clauses, but at times are embedded in other rights. The findings could serve as a guide for legislators seeking to constitutionalize housing rights.The findings shed light on the comparative variations in housing rights across the world’s constitutions, and reveal the many categories and nuances of these rights.