account in determining whether particular forms of shelter can be considered to
constitute “adequate housing” for the purposes of the Covenant. While adequacy is
determined in part by social, economic, cultural, climatic, ecological and other
factors, the Committee believes that it is nevertheless possible to identify certain
aspects of the right that must be taken into account for this purpose in any particular
context. They include the following:
(a)
Legal security of tenure. Tenure takes a variety of forms, including
rental (public and private) accommodation, cooperative housing, lease,
owner-occupation, emergency housing and informal settlements, including occupation
of land or property. Notwithstanding the type of tenure, all persons should possess a
degree of security of tenure which guarantees legal protection against forced eviction,
harassment and other threats. States parties should consequently take immediate
measures aimed at conferring legal security of tenure upon those persons and
households currently lacking such protection, in genuine consultation with affected
persons and groups;
(b)
Availability of services, materials, facilities and infrastructure. An
adequate house must contain certain facilities essential for health, security, comfort
and nutrition. All beneficiaries of the right to adequate housing should have
sustainable access to natural and common resources, safe drinking water, energy for
cooking, heating and lighting, sanitation and washing facilities, means of food
storage, refuse disposal, site drainage and emergency services;
(c)
Affordability. Personal or household financial costs associated with
housing should be at such a level that the attainment and satisfaction of other basic
needs are not threatened or compromised. Steps should be taken by States parties to
ensure that the percentage of housing-related costs is, in general, commensurate with
income levels. States parties should establish housing subsidies for those unable to
obtain affordable housing, as well as forms and levels of housing finance which
adequately reflect housing needs. In accordance with the principle of affordability,
tenants should be protected by appropriate means against unreasonable rent levels or
rent increases. In societies where natural materials constitute the chief sources of
building materials for housing, steps should be taken by States parties to ensure the
availability of such materials;
(d)
Habitability. Adequate housing must be habitable, in terms of
providing the inhabitants with adequate space and protecting them from cold, damp,
heat, rain, wind or other threats to health, structural hazards, and disease vectors. The
physical safety of occupants must be guaranteed as well. The Committee encourages
States parties to comprehensively apply the Health Principles of Housing 5 prepared
by WHO which view housing as the environmental factor most frequently associated
with conditions for disease in epidemiological analyses; i.e. inadequate and deficient
housing and living conditions are invariably associated with higher mortality and
morbidity rates;
5
Geneva, World Health Organization, 1990.