The Right to a Nationality and the Right to Adequate Housing An Analysis of the Intersection of Two Largely ‘Invisible’ Human Rights Violations

Abstract

<jats:p>Millions of individuals around the world face challenges enjoying their right to a nationality, and millions more face challenges enjoying their right to adequate housing. While these human rights violations are recognised in general terms, little research has considered the extent to which these human rights abuses intersect as stateless persons face violations of specific socioeconomic rights, especially the right to adequate housing. This research attempts to fill that gap. This analysis explores the term adequate housing and the various legal instruments that enshrine this right, as well as the unique challenges faced by stateless persons in its enjoyment. This research argues that states have failed to respect, protect and fulfil the right to adequate housing for stateless persons in a number of contexts and that these failures are particularly acute for stateless persons with additional marginalised identities, which can then result in additional human rights violations. This analysis examines how previous policy solutions have failed to adequately consider the unique needs of inadequately housed stateless persons and calls attention to the need for more holistic and inclusive approaches to realise the right to adequate housing for all, which must include stateless persons.</jats:p>

The Child-specific Right to Adequate Housing in the Convention on the Rights of the Child

“…These living conditions harm children's human dignity (Leary, 1995;Bueren, van, 1998;UN crc General Comment No. 21, 2017;Sandbergen, 2018;Gronowski, 2019). Research has found that living in deplorable housing conditions makes children even more vulnerable than adults living in the same situation, given the negative impact it has on their development (UN Special Rapporteur on housing, 1995;Eide, 2006;Nolan, 2011;Malone, 2015;Wilkinson, 2017;Lansdown, 2020).…”

“…According to the crc Committee and research literature, these children's right to adequate housing is under severe pressure (UN crc gc No. 21, 2017;Sandbergen, 2018;Gronowski, 2019). A growing body of research shows that the failure to prevent homelessness and living in substandard housing results in violations of the right to adequate housing, as laid down in, inter alia, Art.…”

“…Article 16(1) crc also addresses housing, as it mentions a child's home in relation to their privacy rights. In addition, housing plays a role in the enjoyment of other children's rights within the crc (Freeman, 2007;Gronowski, 2019;Arts, 2019;Tobin, 2019a;Kaime, 2019).…”

“…States must assist parents in fulfilling this right, particularly with regard to housing (Doek, 2019;Bouah and Sloth-Nielsen, 2021), which according to Eide (2006: 2), means providing 'direct supplies of housing in times of emergency' . Furthermore, housing is addressed in relation to the right to health, education and rest, play and leisure (Art, 24, 28-29 and 31 crc) (Tobin, 2006;Croke and Crowley, 2011;Atkins, 2015;Cook, 2015;Kalverboer et al, 2017;Gronowski, 2019;Tobin, 2019a;Kaime, 2019). It is found that overcrowded accommodation, deprived neighbourhoods, housing density, pollution, noise, hazardous environments and remote locations (i.e.…”