Housing and Human Rights in Context
Why Human Rights? “Our common goal is to obtain the human rights that America has been denying us. We can never get civil rights in America until our human rights are first restored. We will never be recognized as citizens there until we are first recognized as humans.� - Malcolm X. "Racism: the Cancer that is Destroying America," in Egyptian Gazette (25 Aug. 1964).
Why Human Rights? Human Rights are based in human dignity.
Setting the stage • Using human rights in organizing, policy and litigation • The rotating door of human rights language • Examples show principles
Human Rights after Katrina • "In the Gulf Coast,we are facing a variety of racist governmental actions that are denying our basic human rights." -Rev. Lois Dejean, 70, of New Orleans, at a Geneva press conference before the UN Human Rights Committee hearing on the U.S
Human Rights after Katrina
UN Guiding Principles on Internal Displacement • National authorities are responsible for the protection and assistance to internally displaced persons throughout the duration of their displacement, including: • Access to housing assistance throughout the entirety of the crisis • The right to participate in the political process and community affairs in return and resettlement • Right of return
Human Rights after Katrina
Enforcement through ICCPR • International Covenant on Civil and Political Rights (ICCPR) – Art. 2 - right to non-discrimination – Art. 6 - right to life – Art. 26 - rights of minorities
• Human Rights Committee (HRC) • Shadow reporting - > Concluding Observation - > Actions at home
Human Rights after Katrina
Concluding Observation 26 The State party should review its practices and policies to ensure the full implementation ‌ of the United Nations Guiding Principles on Internal Displacement... [and] should increase its efforts to ensure that the rights of poor people and in particular African-Americans, are fully taken into consideration in the reconstruction plans with regard to access to housing, education and healthcare.
Human Rights after Katrina
Results • • • •
News coverage Policy reform One year follow-up Build on success with the Committee on the Elimination of Racial Discrimination (CERD)
Human Rights after Katrina
Review • Revolving door of human rights language - press abroad for language to use at home • Shadow reporting as tool to bring international spotlight and get advocacy tools - chance next year with CERD
Residential Segregation in Seattle & Louisville “What's constitutionally required one day gets constitutionally prohibited the next day. That's very odd.� - Justice Ginsburg, Meredith v. Jefferson County Board of Education - Oral Argument, Dec. 4, 2006
Residential Segregation in Seattle & Louisville
Human Rights in Litigation • Repeat of Katrina HRC strategy: Shadow report -> Concluding Observation -> Amicus brief • Legal challenges in using human rights in U.S. courts
Residential Segregation in Seattle & Louisville
Concluding Observation 23 The Committee reminds the State party of its obligation ‌ to respect and ensure that all persons are guaranteed effective protection against practices that have either the purpose or the effect of discrimination on a racial basis [including] de facto segregation‌and take remedial steps, in consultation with the affected communities.
Residential Segregation in Seattle & Louisville
Using Int’l Law in US Courts • Challenges – Ratification – RUDs
• Strategy: – Not straight enforcement, but read US law consistent with international law
Residential Segregation in Seattle & Louisville
Ratification • Signed by President, ratified by 2/3 of Senate • Art. VI (2) [A]ll Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
Residential Segregation in Seattle & Louisville
U.S. Ratified Treaties • International Covenant on Civil and Political Rights (ICCPR) • International Convention on the Elimination of All Forms of Racial Discrimination (ICERD or CERD) • Convention Against Torture and Other Forms of Cruel, Inhuman, or Degrading Treatment or Punishment (CAT)
Residential Segregation in Seattle & Louisville
U.S. Non-Ratified Treaties • International Covenant on Economic, Social, and Cultural Rights (ICESCR) • Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) • Convention on the Rights of the Child (CRC) • International Convention on the Protection of All Migrant Workers and Members of their Families (Migrant Workers’ Convention)
Residential Segregation in Seattle & Louisville
Reservations, Understandings, & Declarations • Reservations limit scope of treaty - e.g. we know the treaty says no hate speech, but that conflicts with our 1st Amendment. • Federalism understanding promotes state & local role in treaty implementation • Non-self-execution declaration means can’t sue directly under treaty
Residential Segregation in Seattle & Louisville • Charming Betsy
Legislation passed following the U.S.’s accession to a treaty should be interpreted to be consistent with that treaty (as supreme law of the land), unless Congress includes a specific directive that the U.S. intends to contravene international law. See Murray v. The Schooner Charming Betsy, 6 US (2 Cranch) 64 (1804).
Residential Segregation in Seattle & Louisville • Results – Supreme Court case outcome wasn’t great, but 5 of 9 Justices have cited favorably to international law in past, including 4 in Grutter. – Opportunity for future activity at CERD - amicus group turned into shadow reporting group.
Residential Segregation in Seattle & Louisville • Review – Revolving door of international law into national law – Ratification – RUD’s – Charming Betsy - interpretation principle
Right to Housing in Chicago Bill text: WHEREAS, Cook County is committed to respect the human rights of all people, including the right to adequate housing for all‌
Right to Housing in Chicago • Human rights resolution as first step • What is the Right to Housing? • Elements of right to housing
Right to Housing in Chicago • Focal point for organizing in public housing • Right to housing bill just one part of overall campaign • Get the language in the bill, come back to later
Right to Housing in Chicago:
Universal Declaration of Human Rights
Art. 25(1): Everyone has the right to a standard of living adequate for the health and well-being of himself [/herself] and of his [/her] family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of ‌ circumstances beyond his [or her] control.
Right to Housing in Chicago:
International Covenant on Economic, Social, & Cultural Rights Article 11(1): The States Parties to the present Covenant recognise the right of everyone to an adequate standard of living for him[/her]self and his [/her] family, including adequate food, clothing and housing and to the continuous improvement of living conditions.
Right to Housing in Chicago:
International Covenant on Economic, Social, & Cultural Rights • Progressive realization • Relative standard, dependent on resources
Right to Housing in Chicago:
Progressive Realization? • 1978: $80 billion for HUD-assisted housing • 2006: $34 billion for HUD-assisted housing • Only about 25% of those eligible receive federal housing assistance
Right to Housing in Chicago:
Relative to resources? • The War In Iraq Costs $361,396,098,139 (http://costofwar.com/index-public-housing.html, 12:30 pm, 1/25/2007)
• Instead, we could have built 3,254,032 additional housing units.
Right to Housing in Chicago:
Elements of the Right to Housing • General Comment 4 – Legal security of tenure – Services and infrastructure available – Affordability – Habitability – Accessibility – Location (work, school, child care) – Cultural adequacy
Right to Housing in Chicago:
Legal Security of Tenure • Guaranteed legal protection against forced eviction, harassment and other threats. • State needs to take immediate measures aimed at conferring legal security of tenure upon those currently lacking such protection, in genuine consultation with affected persons and groups.
Right to Housing in Chicago:
Legal Security of Tenure • 2.5 to 3.5 million people are homeless annually, including 1.35 million children • HOPE VI: as of 2003, of 95,100 replacement units planned, of that number only 48,800 public housing units planned
Right to Housing in Chicago:
Availability of Services, Materials, Facilities and Infrastructure An adequate house must contain certain facilities essential for: – – – – – – – – –
health, security, comfort, nutrition, sustainable access to natural and common resources, safe drinking water, energy for cooking, heating and lighting, sanitation and washing facilities, and emergency services.
Right to Housing in Chicago:
Availability of Services, Materials, Facilities and Infrastructure
• 1.6 million non-metro housing units moderately or severely substandard • Informal structures as “housing” for homeless people • Katrina trailers far from jobs, services
Right to Housing in Chicago:
Affordability • Housing Costs should not compromise other basic needs • If you have to choose between rent and food, or rent and medical care, that is a violation of the right to housing.
Right to Housing in Chicago:
Affordability • 13.8 million pay 50% or more for housing • In no part of US can minimum wage worker afford 1 BR apt. (at 30% HUD affordability guideline)
Right to Housing in Chicago:
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.
Right to Housing in Chicago:
Habitability • Poor children 20 times more likely to be hospitalized for asthma in NYC - linked to poor housing conditions • Lead paint; 22% of black children living in older housing suffer from lead poisoning
Right to Housing in Chicago:
Accessibility • Disadvantaged groups must be accorded full and sustainable access to adequate housing resources, with priority given to: – elderly, – children, – Physically or mentally disabled, – the terminally or chronically ill, – HIV-positive individuals, – victims of natural disasters
Right to Housing in Chicago:
Accessibility • Federal law protects against discriminatory impact—but compliance lags • NFHA survey: Discrimination against people with disabilities is the second most often reported form of discrimination
Right to Housing in Chicago:
Location • Adequate housing must be in a location which allows access to: – employment options, – health-care services, – schools, – child-care centers
Housing should not be close to pollution sources that threaten the right to health of the inhabitants.
Right to Housing in Chicago:
Location • Affordable housing often far from employment, healthcare, childcare • Environmental racism of leads to siting of industrial facilities in lowincome communities of color
Right to Housing in Chicago:
Cultural Adequacy The way housing is constructed, the building materials used and the policies supporting these must appropriately enable the expression of cultural identity and diversity of housing.
Right to Housing in Chicago:
Cultural Adequacy • Native American housing: often severely inadequate on reservations • HUD cluster housing not culturally adequate
Right to Housing in Chicago:
Review • Started with resolution endorsing principles, led to additional funding • By affirming right to housing got all the elements of right to housing • Continuing working toward implementing beyond
Local Implementation: CEDAW in San Francisco “Many states, counties and cities have passed resolutions urging U.S. ratification of CEDAW. Taking it a step beyond resolutions by implementing local legislation strengthens our commitment to women’s human rights and ultimately has a larger impact on the quality of our lives.” -WILD for Human Rights
Local Implementation: CEDAW in San Francisco • Bridging power of human rights • What makes human rights different: obligation to respect, protect, fulfill • Human rights creating concrete changes in policy
Local Implementation:CEDAW in San Francisco
Bridging Capacity • Human rights are universal and interdependent. • Human rights combine traditional civil and political rights with economic, social, and cultural rights. • Human rights allow different actors to see their causes under same umbrella.
Local Implementation:CEDAW in San Francisco
Obligation to Respect The obligation to respect housing rights means that Governments should refrain from any action which infringes on rights or which prevents people from satisfying these rights for themselves when they are able to do so.
Local Implementation:CEDAW in San Francisco
Obligation to Respect • Eliminating formal sex and race discrimination - right to vote, etc. • But also, in S.F. - 10% budget cuts analyzed for disparate impact, government held accountable.
Local Implementation:CEDAW in San Francisco
Obligation to Protect To protect housing rights, Governments must ensure that any possible violations of these rights by “third parties� are prevented. When violations do occur, public authorities should act to prevent any further deprivations, hold accountable those responsible for the violations and guarantee to affected persons access to legal remedies of redress for any infringement caused.
Local Implementation:CEDAW in San Francisco
Obligation to Protect CEDAW in S.F. required: • Gender (and race, econ. Status, age, language) disaggregation of landlord-tenant dispute data to understand impact of policies • Redefinition of “affordable housing”
Local Implementation:CEDAW in San Francisco
Obligation to Fulfill • The obligation to fulfill involves three interrelated aspects, namely the duty to facilitate, the duty to provide and the duty to promote. • In comparison with the obligations to respect and to protect, part of the obligation of a State to fulfill (provide) economic, social and cultural rights is both positive and interventionary and does require a dedication of state resources.
Local Implementation:CEDAW in San Francisco
Obligation to Fulfill • The obligation to fulfill (facilitate & provide) requires States to adopt appropriate legislative, administrative, budgetary, judicial, promotional and other measures towards the full realization of the right in question. • The duty to fulfill (promote) involves informing individuals and community with regards to their rights and making available to them other relevant information which allows them to realize those rights.
Local Implementation:CEDAW in San Francisco
Obligation to Fulfill • Street lights moved for protection • Curb cuts • Flex-time
Local Implementation:CEDAW in San Francisco
Concrete changes • Gender budget analysis • Opportunity for genuine community input • Streetlights, curb cuts, and flex-time
Local Implementation:CEDAW in San Francisco
Review • Bridging capacity for campaigns • Obligations to Respect, Protect, Fulfill • Local implementation - human rights language to concrete changes on the ground
Housing and Human Rights: The Rising Wave • April 2003: NLCHP & COHRE hold first National Forum on the RTH in Washington, DC—RTH working group formed • Sept. 2003: LA “Mini-Forum”—Beyond Shelter and NLCHP • Jan. 2004: NLCHP report on RTH
Housing and Human Rights: The Rising Wave • Mar. 2004: Cook County resolution passed • Jun. 2004: USHRN created, RTH working group becomes Housing Caucus within Network • Jun. 2004: CQ features RTH debate • Fall 2004: Mertz-Gilmore Foundation launches US Human Rights funding • Mar. 2005 IACHR hearing on RTH
Housing and Human Rights: The Rising Wave • May 2005: NLCHP & COHRE hold 2nd National Forum; publish manual • Sept. 2005: NLCHP & COHRE hold Chicago regional training; this helps support local organizing to increase housing funds • Nov. 2005: USHRN holds first national conference
Housing and Human Rights: The Rising Wave • Mar. 2006: RTH in LA’s 10 year plan • May 2006: NLCHP, COHRE submit shadow report to HRC • June 2006: LA regional training • July 2006: HRC report criticizes U.S. on homelessness & racial disparity • Sept. 2006: 3rd National NLCHP-COHRE Forum in Washington, DC
Housing and Human Rights: The Rising Wave • December 2006: UN Human Rights Day theme “Fighting Poverty: A Matter of Obligation, Not Charity” • February 2007: Florida Regional Training • April 2007: Minnesota Regional Training • Fall 2007: CERD shadow reports, National Forum • Beyond: up to you…
Housing and Human Rights: The Rising Wave • Human Rights can contribute to policy, litigation, and community organizing solutions • Human rights can work at the local, state, and federal level