The new thematics report of the UN Special Rapporteur on the right to adequate housing, Mr. Balakrishnan Rajagopal, focuses on the issue of discrimination in relation to the right to adequate housing, including spatial inequalities and segregation in urban or rural-urban environments. The main objective of the two reports is to identify contemporary and historical forms of discrimination and segregation that affect the right to adequate housing, to highlight good practices in the prevention of housing discrimination and segregation and to provide guidance to States on how they can fulfil their human rights obligations in this respect.
Spatial segregation and the right to adequate housing
The reoport on Spatial segregation and the right to adequate housing (A/HRC/49/48) was submitted during the 49th session on March 4 2022. In this report Balakrishnan Rajagopal, the UN Special Rapporteur on adequate housing, draws attention to spatial segregation as a major obstacle to enjoying the right to adequate housing. The report states that Spatial segregation is a reflection of multiple, compounded and intersectional forms of discrimination, results in violations of the equal and non-discriminatory enjoyment of the right to adequate housing, and is also linked to the violation of a wide range of other inter-related human rights. The UN expert underscores that in order to address and reverse the detrimental consequences of spatial segregation, it is important to understand its different forms, to identify it correctly, and to understand the frameworks and mechanisms through which it is manifested. Alongside historic forms of spatial segregation, such as those that existed in apartheid South Africa, the Special Rapporteur points to informal settlements, resettlement sites, gated communities, and residential institutions as types of spatial segregation that can have similar damaging and long-lasting consequences. The report also examines how land use planning and discriminatory zoning, physical barriers, forced evictions and displacement, social and public housing policies, criminalization and stigmatization of vulnerable minority groups can become drivers of spatial segregation. Finally, the report discusses how international frameworks, strategic litigation, housing policies, urban and territorial planning, and neighborhood upgrading programs can be effective in addressing and reverting the consequences of spatial segregation – and draws out relevant recommendations.
“Segregation becomes a human rights issue when States fail to prevent such enclaves that deny to all groups in society, equal access to housing, land, water, sanitation, education, health care or other services, or to jobs and economic and social advancement,” said the UN expert in the report to the Human Rights Council.
Discrimination in the context of housing
The report on Discrimination in the context of housing (A/76/408) was presented to the General Assembly in October 14 2021 during the 76th session. The report highlights that discrimination in housing is a global problem and continues to be one of the most pervasive and persistent barriers to the fulfillment of the right to adequate housing. Housing discrimination includes discriminatory access to private and public housing, to building land, housing for rental, mortgages and credit and inheritance, ensuring equal security or tenure, protection against evictions, habitability, equal and affordable access to public services, such as water and sanitation, energy, public transport and others. The report sets out the human rights obligations of States, public authorities, regional and local Governments, public and private housing providers to ensure non-discrimination in housing. It provides an overview how public authorities can work towards elimination of housing discrimination through regulation and anti-discrimination legislation, and ensure that victims of housing discrimination have access to justice and remedies through judicial and non-judicial mechanisms.
Find more information and the inputs recived on the report page the report in full here.
The health crisis has created a momentum for tackling structural discrimination, poverty and homelessness in Europe. During this pandemic, FEANTSA and Housing Rights Watch have called for immediate access to safe, secure, and dignified emergency accommodation to anyone who is homeless, with all necessary supports and without discrimination. However, there are a plurality and complexity of cases when the non-discrimination norm intersects with housing and may create vulnerability and homelessness. The disparities in housing between migrants and EU nationals are widespread in Europe. Persistent differences are faced especially by Roma, Travelers, migrant workers, refugees and asylum seekers. There is a variety of factors substantiating these disparities, among them: the vulnerability in migrants’ status, occupancy rates (overcrowding), the quality of facilities, the concentration in poorer housing areas (often in slums) and finally higher levels of homelessness.
Read our submission to the call by the UN Special rapporteur on adequate housing
here.
Submission by FEANTSA members in the Netherlands can be found
here. (May 2021)
