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| Treaty or Declaration |
U.S. Signed |
U.S. Ratified |
| Universal Declaration of Human Rights (declaration) |
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| International Covenant on Economic, Social and Cultural Rights (treaty) |
October 5, 1977 |
X |
| International Convention on the Elimination of All Forms of Racial Discrimination (treaty) |
September 28, 1966 |
October 24, 1994 |
| International Covenant on Civil and Political Rights (treaty) |
October 5, 1977 |
June 8, 1992 |
| International Convention on the Elimination of All Forms of Discrimination Against Women (treaty) |
July 17, 1980 |
X |
| International Convention on the Rights of the Child (treaty) |
February 16, 1995 |
X |
| International Convention on the Status of Refugees (treaty) |
September 25, 1991 |
X |
| International Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (treaty) |
April 18, 1988 |
October 21, 1994 |
| International Convention on the Rights of All Migrant Workers and Their Families (treaty) |
X |
X |
| International Convention on the Rights of Persons with Disabilities (treaty) |
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| Charter of the Organization of American States |
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| American Declration on the Rights and Duties of Man |
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| The American Covention on Human Rights |
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| Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights |
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Treaties |
| United Nations |
Universal Declaration of Human Rights* The Universal Declaration of Human Rights is not a treaty. It is the first major international agreement on human rights. It is also the first human rights standard to recognize housing rights.
- The Universal Declaration of Human Rights was adopted and proclaimed by the General Assembly on 10 December 1948.
- Housing: Article 25(1) of the UDHR states, "Everyone has the right to a standard of living adequate for the health and well-being of himself (or herself) and of his (or her) family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his (or her) control."
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International Covenant on Economic, Cultural and Social Rights* The United States has not ratified the International Covenant on Economic, Cultural and Social Rights (ICECSR), but is a signatory to the Covenant.
- Housing: The right to adequate housing is found in article 11(1) of the ICESCR, which states, "The State parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself (or herself) and for his (or her) family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. The States Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international co-operation based on free consent."
- The ICESCR is the most legally significant universal codification recognizing the right to housing.
- The Covenant recognizes the right to housing as part of the larger right to an adequate standard of living (although under international human rights law, the right to housing is understood as an independant or freestanding right.)
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International Convention on the Elimination of All Forms of Racial Discrimination* The United States has ratified the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), and is now legally bound to the obligations therein.
- The UN Committee on the Elimination of All Forms of Racial Discrimination (CERD) monitors compliance with the Convention.
- Housing: Article 3 states, "State Parties particularly condemn racial segregation and apartheid and undertake to prevent, prohibit and eradicate all practices of this nature in territories under their jurisdiction."
- Housing: Article 5 states, "In compliance with the fundamental obligations laid down in article 2 of this Convention, State Parties undertake to prohibit and eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin to equality before the law, notability in the enjoyment of the following rights: (...) (e) in particular (...) (iii) the right to housing."
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International Covenant on Civil and Political Rights* The United States has ratified the International Covenant on Civil and Political Rights (ICCPR), and is now legally bound to the obligations therein.
- Housing: Article 2 states, "Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status."
- Housing: Article 3 states, "The State Parties to the present Covenant undertake to ensure the equal right of men and women to the enjoyment of all civil and political rights set forth in the present Covenant."
- Housing: Article 6 states, "Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life."
- Housing: Article 7 states, "No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment."
- Housing: Article 26 states, "All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status."
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International Convention on the Elimination of All Forms of Discrimination Against Women* The United States has not ratified the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).
- Housing: Article 14 states, "(...) 2. States Parties shall take all appropriate measures to eliminate discrimination against women in rural areas in order to ensure, on a basis of equality of men and women, that they participate in and benefit from rural development and, in particular, shall ensure to such women the right (...) (h) to enjoy adequate living conditions, particularly in relation to housing, sanitation, electricity and water supply, transport and communications."
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International COnvention on the Rights of the Child* The United States has not ratified the Convention on the Rights of the Child (CRC), and remains one of only two countries in the world that have yet to do so.
- Housing: Article 27 states, "1. States Parties recognize the right of every child to a standard of living adequate for the child's physical, mental, spiritual, moral and social development. (...) 3. State Parties, in accordance with national conditions and within their means, shall take appropriate measures to assist parents and others responsible for the child to implement this right and shall in case of need provide material assistance and support programmes, particularly with regard to nutrition, clothing and housing."
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International Convention Relating to Status of Refugees* The United States has ratified this treaty, and is now legally bound to the obligations therein.
- Housing: Article 21 states, "As regards housing, the Contracting States, in so far as the matter is regulated by laws or regulations or is subject to the control of public authorities, shall accord refugees lawfully staying in their territory treatment as favourable as possible and, in any event, not less favorable than that accorded to aliens generally in the same circumstances."
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International Convention Against Torture and Other Forms of Cruel, Inhuman, and Degrading Treatment or Punishment* The United States has ratified this treaty (CAT), and is now legally bound to the obligations therein.
- Housing: Article 16 states, "Each State Party shall undertake to prevent in any territory under its jurisdiction other acts of cruel, inhuman or degrading treatment or punishment which do not amount to torture as defined in Article 1, when such acts are committed by or at the instigation of or with the consent or acquiescence os a public official or other person acting in an official capacity."
- Using CAT to uphold housing rights: The UN Human Rights Commission affirmed in 1993 that forced evictions violate a range of human rights, including the right to adequate housing, the right to be free from arbitrary or unlawful interference with the home, the right to life, the right to security of the person, the right to humane treatment, and the right to the highest attainable standard of health. As such, deliberate acts of forced eviction clearly constitute cruel or inhuman treatment, and under certain circumstances may amount to torture itself under international human rights law. In a recent, monumental development, CAT recognized forced eviction as a violation of the Convention. (Hijrizi v. Yugoslavia)
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| Organization of American States |
Charter of the Organization of American States* The United States has ratified the Charter.
- Housing: Article 34(k) states, "To accelerate their economic social development, in accordance with their own methods and procedures and within the framework of the democratic principles and the institutions of the Inter-American System, the Member States agree to dedicate every effort to achieve the following goals... (k) Adequate housing for all sectors of the population."
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American Declaration on the Rights and Duties of Man* The United States has ratified the Declaration, which was adopted at the Ninth International Conference of American States at Bogota in 1948.
- Housing: Article 8 states, "Every person has the right to fix his residence within the territory of the state of which he is a national, to move freely within such territory, and not to leave it except by his own will."
- Housing: Article 11 states, "Every person has the right to the preservation of his health through sanitary and social measures relating to food, clothing, housing and medical care to the extent permitted by the public and community resources."
- Housing: Article 23 states, "Every person has the right to own such property as meets the essential needs of decent living and helps maintain the dignity of the individual and of the home."
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The American Convention on Human Rights* The United States has not ratified the Convention, and is therefore not bound by its obligations.
- Through the Convention, States parties agree to "undertake to adopt measures, both internally and through international cooperation, especially those of an economic and technical nature, with a view to achieving progressively, by legislation or other appropriate means, the full realization of the rights implicit in the economic, social, educational, scientific, and cultural standards set forth in the Charter of the Organization of American States as amended by the Protocol of Buenos Aires." These rights include the right to life and the right to property, among others.
- The Convention also creates the Inter-American Court of Human Rights.
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Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights* The United States is not a party to the Protocol, which is also known as the "Protocol of San Salvador".
- The Protocol makes no direct mention of either the right to property nor the right to housing, but certain articles are relevant to these rights, including Article 11.
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