Lack of guarantees in relation to the justiciability of the right to housing is one of the key obstacles to its realization. Many people believe that only civil and political rights create obligations on the part of individuals and States and, therefore, could be demanded in court.
However, access to legal remedies in the case of violations is an integral part of the notion of a “right”. Alleged violations should be reviewed by independent bodies, such as courts, capable of judging complaints and determining adequate redress.
Housing tends to be seen as a commodity and not a human right. The argument that the social rights cannot be demanded in court ignores the operation of labor courts for more than a century as well as significant case law in areas such as social security, health, housing and education in many regions of the world.
The report on justiciability, presented in 2008, gathered several of these decisions and analyses from different countries and demonstrates how the international human rights system has developed arguments and strategies for the protection of the right to adequate housing.
To read the report in the other UN official languages, click here (select a language at the right side column).
To read the report, click below.