Is There a Woman in the House? Re/conceiving the Human Right to Housing

ID:	HRHR-001
Title:	Is There a Woman in the House? Re/conceiving the Human Right to Housing
Source:	Canadian Journal of Women and the Law
Parties:
Dispute Resolution Organ:
Year:	2002
Pages:	24
Author(s):	Leilani Farha
Keywords:	economic, social, and cultural rights, human rights, international law, right to housing, woman
Abstract:	The right to housing is one of the most considered human rights in the International Covenant on Economic, Social and Cultural Rights. For the human right to housing to be meaningful to women, it must be interpreted and implemented in a manner that addresses housing disadvantage as actually experienced by women. Starting from the premise that women’s experiences with respect to housing are predominantly informed by discrimination and inequality, this article analyzes how the right to housing must be interpreted to ensure women its equal enjoyment. The first part of the article argues that the right to housing must incorporate a substantive understanding of women’s equality rights and must be implemented in a way that ensures equal outcomes for women. The second part of the article assesses the extent to which the right to housing as formulated in international law conforms to the requirements of substantive equality. This assessment focuses on the interpretation of the right to housing and the constituent right to be free from forced eviction as articulated in General Comments 4 and 7, which were adopted by the United Nations Committee on Economic, Social and Cultural Rights (CESCR) and which are considered to be the foremost legal authority on these rights. In its conclusion, the article suggests that incorporating substantive equality and non-discrimination in the right to housing not only renders the right to housing more responsive to women’s experiences of housing but also provides the potential to force governments to be more responsive. According to international human rights law, the discrimination and equality rights provisions of the ICESCR (Articles 2(2) and 3) impose immediate obligations on governments to respect, protect, and fulfill women’s right to equality.
Secured:	False
Download Article:	CJWL Published.doc