Adequate housing is more than just four walls and a roof. It is a place to live in security, peace, and dignity. It is central to physical and mental health, community, and sustainability. Having an affordable, suitable and safe place to live helps people and families succeed and thrive.
Everyone should be able to access housing that meets their needs without discrimination or harassment.
The human right to adequate housing is also an important precondition for several other human rights, including the rights to life, work, physical and mental health, social security, political participation, and education. Approaching housing as a human right reinforces the intrinsic link between the right to housing and human dignity.
Using a human rights-based approach to housing policy reinforces the expectation that legislation, policies and programs affecting housing will emphasize participation, empowerment, accountability, and non-discrimination while fulfilling the human right to adequate housing. A human rights-based approach also focuses on groups with the greatest housing need, including people with lived experience of housing need and homelessness.
The human right to adequate housing is not a new concept. It is a fundamental human right that is recognized under international law, as early as the 1948 Universal Declaration of Human Rights. Canada committed itself to the progressive realization of the right to housing and an adequate standard of living in 1976 when it signed the International Covenant on Economic, Social and Cultural Rights. Canada's commitment to the human right to adequate housing was reaffirmed in 2019 when Parliament passed the National Housing Strategy Act.
Adequate housing
The human right to adequate housing means that everyone has the right to housing that meets a set of basic conditions. These conditions are recognized under international human rights law. The conditions required to meet this standard of adequacy mean that housing must be:
- secure — security of tenure provides protection from forced eviction, forced relocation or harassment
- affordable — housing costs should not be a barrier to meeting other basic needs such as food, and costs should be protected against unreasonable increases
- habitable — dwellings should have adequate space for the inhabitants, be properly maintained, and provide protection from the elements and other threats to health and well-being
- provide basic services — including safe drinking water, sanitation, heating, lighting, and emergency services
- in a location — that is close to employment and basic social services such as childcare, education and healthcare, and is not located in a polluted or dangerous area
- accessible — for people of all abilities, particularly those experiencing discrimination or living in vulnerable circumstances
- culturally appropriate — respects and is appropriate for the expression of the inhabitants' cultural identity and ways of life
All people should have equitable access to adequate housing, without discrimination based on gender, race, disability, faith, place of birth, age, sexual orientation, and other grounds.
Progressive realization
Inadequate housing and homelessness are complex, structural and systemic problems. In international human rights law, the phrase “progressive realization” acknowledges that solving these problems won't happen overnight — it will take time, effort, coordination and resources before everyone can equally enjoy adequate housing.
However, progressive realization also means that governments must act as quickly and as effectively as possible to promote, protect and fulfill the human right to adequate housing, especially for those most in need. Put simply, governments have an obligation to take effective measures and create the conditions to fulfill the human right to adequate housing for everyone.
In international human rights law, progressive realization creates an obligation for governments to take immediate concrete steps, to use all available resources, and to use all appropriate means, including the adoption of legislative measures, to create the conditions for everyone to have access to adequate housing. It also means ensuring access to justice for individuals through administrative and judicial mechanisms.
Finally, progressive realization puts an emphasis on prioritizing policies and programs for those most in need of housing.
The Federal Housing Advocate is responsible for monitoring that the progressive realization of the right to adequate housing is being fulfilled in Canada.
The role of governments
In Canada, advancing the human right to adequate housing for all is a shared responsibility between all governments. It requires collaboration and a renewed relationship with Indigenous Peoples.
This shared responsibility is also enshrined in international law — all governments in Canada are required to respect, protect, and fulfill the human right to adequate housing, since international human rights treaties and obligations apply equally at a federal, provincial, territorial and municipal level.
Fulfilling the human right to adequate housing for everyone in Canada requires all governments to live up to their joint responsibilities. Under international law, the federal government is responsible to play a leadership role.
The human right to housing doesn't mean that governments must provide everyone with housing. Instead, it means governments must ensure that the housing system enables everyone to live somewhere in security, peace and dignity. For example, governments must put in place measures to prevent homelessness, prohibit forced evictions, address discrimination, ensure security of tenure to all, and help guarantee that everyone's housing is adequate. These measures, including legislation, policies, strategies, funding, and programs, should prioritize the right to housing for disadvantaged groups and persons experiencing housing need or homelessness.