Chapter 2 | Page 74
water resources should be given to personal and domestic use, for the
prevention of starvation and disease.142
The right to housing is to be seen as ‘the right to live somewhere in security,
peace and dignity’ for all persons irrespective of their income or access to
economic resources.143 Moreover, housing should be adequate in the sense
of ‘adequate privacy, adequate space, adequate security, adequate lighting
and ventilation, adequate basic infrastructure and adequate location with
regard to work and basic facilities – all at a reasonable cost’.144 Some other
factors that must be considered in determining the adequacy of the right to
housing are legal security of tenure, availability of services, materials, benefits
and infrastructure, affordability, habitability, accessibility, location and cultural
adequacy.145 As part of the obligations to respect and protect, the State must
refrain from forced evictions and put in place legal protection for occupants
from third parties.146 States parties are also required to review all legislations
and policies for their compatibility with the obligations arising out of the right to
housing and to repeal or amend any inconsistent legislation or policy.147
The obligations arising out the right of everyone to enjoy the highest attainable
standard of physical and mental health, under Article 12, envision that the
State will take action on prevention, treatment and control of epidemic,
endemic, occupational and other diseases, as well as aspects of
environmental and industrial health and hygiene. The freedoms and
entitlements that encompass the right to health allow the rights-holders the
right to control their health and body, including sexual and reproductive
142
Committee on Economic, Social and Cultural Rights, General Comment No 15: The Right
to Water (arts. 11 and 12 of the International Covenant on Economic, Social and Cultural
Rights), 29th sess, UN Doc E/C.12/2002/11 (20 January 2003), [6].
143
Committee on Economic, Social and Cultural Rights, General Comment No 4: The Right
to Adequate Housing (Art.11 (1)) of the Covenant, 6th sess, UN Doc E/1992/23 (13
December 1991), [7].
144
Ibid.
145
Ibid., [8].
146
Committee on Economic, Social and Cultural Rights, General Comment No 7: The Right
to Adequate Housing (Art.11.1): Forced Evictions, 16th sess, UN Doc E/1998/22, annex IV
(20 May 1997), [8].
147
Ibid., [9].
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