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Regional instruments

Legal Sources
Introduction
What international instruments?
Security of Tenure: Legal Sources
International Conventions
Regional Instruments
Resolutions
Declarations and Recommendations
Agendas and Platforms/Programmes of Action
Reports of UN Special Rapporteurs

EUROPE

European Convention on Human Rights and Fundamental Freedoms (ECHR, adopted in 1950)

European Social Charter (1961, revised in 1996)

  • Article 15(3): the right of disabled persons to access to housing.
  • Article 16: promotion of economic, legal and social protection of family life, including housing. Appendix on Article 16: single-parent families equally protected by this provision.
  • Article 19(4)(c): the right of migrant workers and their families to accommodation
  • Article 23(2)(b): the right of elderly persons to provision of housing adapted to their needs and state of health
  • Article 30(a): the right to protection against poverty and social exclusion, including effective access to housing;
  • Article 31: the right to housing
  • Part III, Article B: links with European Social Charter of 1961 and additional Protocol of 1988
  • Part V, Article E: non-discrimination

European Convention on the Legal Status of Migrant Workers (1977)

  • Article 1: definition of “migrant worker”;
  • Article 13: housing

European Union Charter of Fundamental Rights (2000, declaratory status only)

  • Article 17: right to property
  • Article 21: non-discrimination
  • Article 23: equality between men and women
  • Article 25: rights of the elderly
  • Article 26: integration of persons with disabilities
  • Article 34(3): the right to social and housing assistance

Organization on Security and Cooperation in Europe (OSCE):

AMERICAS

Charter of the Organization of American States (1948)

  • Article 34 (k): basic goal of adequate housing for all sectors of the population

American Declaration on the Rights and Duties of Man (1948)

  • Article XI: the right to preservation of health and well-being, including through social measures related to housing web link: http://www.hrcr.org/docs/OAS_Declaration/oasrights3.html
  • Article XXIII: the right to property

American Convention on Human Rights (1969, entry into force 1978)

  • Article 1: non-discrimination;
  • Article 17: equal rights as to, during and upon dissolution of marriage

Additional Protocol to the American Convention on Human Rights on Economic, Social and Cultural Rights (1988)

  • Article 3: non-discrimination
  • Article 11: the right to a healthy environment

AFRICA

African Charter on Human and Peoples’ Rights (1981)

  • Article 2: non-discrimination
  • Article 3: right to equality before the law
  • Article 14: right to property
  • Article 18(3): elimination of all discrimination against women
  • Article 18(4): special measures for protection of aged and disabled
  • Article 21(2): the right to lawful recovery of property, including adequate compensation
  • Article 28: the duty to respect fellow human beings without discrimination
  • Article 29(7): the duty to preserve and strengthen positive African cultural values

Protocol on the Rights of Women in Africa (adopted 2003, but has not yet entered into force)

  • Article 2: elimination of discrimination
  • Article 7(i): the right to equal marital property
  • Article 16: the right to adequate housing
  • Article 19: the right to sustainable development, including women’s access to land and right to property
  • Article 21: the right to inheritance
  • Article 22: special protection of elderly women and women with disabilities



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