The Right to a Nationality and the Right to Adequate Housing (‘CRPD’) provides for equal access to housing for persons with disabilities 39 and obligates states to continuously improve living conditions and safeguard and promote this right without discrimination, as well as ensure access to housing programs. 40 The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families states that migrant workers shall enjoy equal treatment with regards to housing access and protection against housing-related exploitation. 41 These protections are especially important for individuals who belong to these groups and are also stateless or at risk of statelessness, as they face additional challenges enjoying the right to adequate housing, which this analysis will explore in a later Part. The right to adequate housing is further protected in regional treaties, including the 1996 revised European Social Charter, 42 the African Charter on the Rights and Welfare of the Child, 43 and the Charter for the Organization of American States. 44 Even regional treaties that do not directly refer to this right, such as the American Convention on Human Rights and the African Charter on Human and Peoples’ Rights, have been interpreted to include protections related to the right to adequate housing as derived from other rights, such as the right to privacy or property. 45 The right to adequate housing is additionally enshrined in states’ constitutions, and fifty-two national constitutions address the right to adequate housing, either explicitly referring to this right or noting the state’s general responsibility to ensure adequate housing and living conditions for its population. 46 Like the right to a nationality, every state is party to at least one treaty committing itself to respect and protect the right to adequate housing, without discrimination on any ground, including ‘race, colour, sex … national or social origin … or birth or other status’. 47 As such, the lack of a nationality and underlying discriminatory factors, such as race or sex, cannot be the reason for unequal treatment with regards to the right to adequate housing. While the right to adequate housing is extensively enshrined in international and domestic law, stateless persons face a number of challenges enjoying this fundamental right. 39 40 41 42 43 44 45 46 47 Convention on the Rights of Persons with Disabilities, GA Res 61/106, UN GAOR, 61st sess, Agenda Item 67(b), UN Doc A/RES/61/106 (24 January 2007, adopted 13 December 2006) art 9. ibid art 28. International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, opened for signature 18 December 1990, 2220 UNTS 3 (entered into force 1 July 2003) art 43. European Social Charter (Revised), opened for signature 3 May 1996, ETS No 163 (entered into force 1 July 1999) arts 30, 31. African Charter on the Rights and Welfare of the Child, opened for signature 11 July 1990, OAU Doc CAB/LEG/24.9/49 (entered into force 29 November 1999) art 20. Charter of the Organization of American States, opened for signature 30 April 1948, 119 UNTS 3 (entered into force 13 December 1951) art 34. The Right to Adequate Housing (n 11) 12. Scott Leckie, ‘The Justiciability of Housing Rights’ in SIM Special No 18: Proceedings of the Conference on Optional Protocol to the Covenant of Economic, Cultural and Social Rights (Netherlands Institute on Human Rights 1995) 35–77. ICESCR (n 32) art 2. 245

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