The human right to housing

Jessie Hohmann

Chapter 3 in Housing and Human Rights, 2026, pp 46-89 from Edward Elgar Publishing

Abstract: This chapter examines the human right to housing, demonstrating how it has been fleshed out by courts and monitoring bodies and given sustenance by social movements, civil society and those in housing need. It provides a nuanced picture of the right's legal interpretation, beginning with ICESCR, where it considers first the content and scope of the right, then key questions of state obligations, before demonstrating how these principles have been applied in individual cases. It then analyses regional human rights treaties, concentrating on the innovative protection for the right in Europe and Africa, before briefly canvassing subject-specific international law (ICERD, CEDAW, CRC and CRPD) and national constitutions. The chapter tells the story of how the human right to housing has become understood as multifaceted and deeply fundamental to human rights protection and fulfilment. The chapter concludes by considering the successes of the right and outlining challenges that remain.

Keywords: Committee on Economic Social and Cultural Rights; International Covenant on Economic Social and Cultural Rights; European Social Charter; African Charter on Human and Peoples Rights; Eviction; Financialization (search for similar items in EconPapers)
Date: 2026
ISBN: 9781035309733
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