The Right to Adequate Housing
Introduction
The Right to Adequate Housing: Standing Up for Your Rights
In Canada, the right to adequate housing is a fundamental human right recognized under both Canadian and international law. This right ensures that everyone should have access to housing that is safe, affordable, and culturally appropriate, while also being free from discrimination. However, many Canadians still face significant challenges in securing adequate housing, including affordability issues, poor housing quality, and discriminatory practices. This booklet, produced by the Centre for Equality Rights in Accommodation (CERA) and the Social Rights Advocacy Centre, provides valuable information on how individuals can stand up for their right to adequate housing and what steps can be taken when these rights are violated.
What is the Right to Adequate Housing?
The right to adequate housing means that everyone in Canada should have access to housing that meets certain standards. This includes housing that is of good quality, with essential amenities like plumbing, heat, electricity, and safe drinking water. It should also be accessible, barrier-free, and located close to employment, healthcare, education, and social services. Additionally, housing should be culturally appropriate, meaning it respects the cultural needs and practices of the individuals living in it.
This right also encompasses protections against discrimination, ensuring that governments allocate resources to provide housing to those in need and that no one is evicted without a proper hearing or left homeless as a result of eviction. The right to adequate housing is enshrined in various international laws, including the International Covenant on Economic, Social and Cultural Rights, which Canada has agreed to. Domestically, the Canadian Charter of Rights and Freedoms and provincial human rights codes also provide protections related to housing.
How Can You Use the Right to Adequate Housing?
While Canadian courts cannot directly enforce the right to housing under international law, they can apply Canadian laws, such as the Charter or human rights legislation, to protect this right. The Supreme Court of Canada has emphasized that government officials and tribunals must consider international human rights law when making decisions. This means that if your right to adequate housing is violated, you may be able to take legal action. Additionally, political advocacy and community organizing are powerful tools to fight for housing rights.
Case Study: Corrine’s Fight Against Eviction
Corrine, a single mother in Edmonton, faced eviction after missing two weeks of work to care for her sick daughter. Unable to pay her rent, she asked her landlord for more time, but he demanded immediate payment and initiated eviction proceedings. Corrine struggled to find alternative housing, as many landlords refused to rent to her because she had children. Her situation highlights two key violations of the right to adequate housing: the risk of homelessness due to eviction and discrimination based on family status.
Corrine took several steps to fight for her rights. She went to court to challenge the eviction, emphasizing that her family could become homeless if evicted. She also filed a human rights complaint against landlords who refused to rent to her because she was a single mother. Additionally, Corrine shared her story with the United Nations Committee on Economic, Social and Cultural Rights, which reviews Canada’s compliance with international human rights standards. By taking political action, Corrine contacted local, provincial, and federal politicians to advocate for better housing policies and laws.
Other Examples of Housing Rights Advocacy
Corrine’s story is just one example of how individuals can fight for their right to adequate housing. Albena St. Hill, a single mother in Ontario, filed a human rights complaint after being denied an apartment because she had a child. The tribunal ruled in her favor, ordering the landlord to pay her over $6,000 and stop discriminatory practices. Similarly, Catarina Luis, a refugee from Angola, successfully challenged landlords who refused to rent to her because her income was too low. Her case set a precedent, making it illegal for landlords to reject tenants based on income level.
In Nova Scotia, individuals with disabilities have fought for their right to live in community-based housing rather than institutions. One woman, referred to as “JJ,” was kept in a psychiatric hospital for over five years because the province failed to provide adequate housing and support. With the help of community organizations and legal action, the Nova Scotia Supreme Court ruled that the province’s housing plan was not in her best interest, and the United Nations Human Rights Committee called on Canadian governments to improve housing options for people with disabilities.
Common Housing Issues and How to Address Them
Many Canadians face similar challenges in securing adequate housing. For example, some are told they cannot rent an apartment because they have children, while others are denied housing due to low income or disability. In subsidized housing, tenants may face eviction threats over minor issues, such as missing a deadline to submit proof of income. In these situations, it is important to remind decision-makers of your right to adequate housing under international law and seek legal help if necessary.
Is the Right to Adequate Housing Being Violated in Canada?
The United Nations Committee on Economic, Social and Cultural Rights has expressed concern over the widespread violation of housing rights in Canada. Despite being a wealthy country, Canada has seen a rise in homelessness and inadequate housing, with affordability being a major issue. In 2001, nearly one in five renters spent more than half of their income on rent, forcing many low-income families to choose between paying rent and feeding their children.
Housing quality is another concern, particularly for Indigenous communities, where many homes lack safe drinking water and require major repairs. Discrimination in housing is also prevalent, with landlords often refusing to rent to single mothers, people of color, immigrants, and individuals with disabilities. Additionally, many tenants are evicted without fair hearings, leading to homelessness.
What Needs to Change?
The UN Committee has made several recommendations to improve housing rights in Canada, including increasing social housing programs, enforcing anti-discrimination laws, and providing adequate support for people with disabilities. However, federal and provincial governments have yet to act on these recommendations. Advocacy and political action are crucial to ensuring that the right to adequate housing becomes a reality for all Canadians.
Conclusion
The right to adequate housing is a fundamental human right, yet many Canadians continue to face significant barriers in accessing safe, affordable, and discrimination-free housing. By standing up for their rights through legal action, political advocacy, and community organizing, individuals can help bring about change. For more information and resources, visit www.equalityrights.org/cera.
For further reading:
The Right to Adequate Housing – UN Human Rights Office