Enforcing housing rights in the Americas. Pursuing housing rights claims within the inter-American system of human rights. A resource guide for practitioners

THIS REPORT ANALYZES avenues and opportunities for pursuing housing rights claims within the Inter-American human rights system. To this end, it presents an overview of the Inter-American system, its organs, procedures and instruments, with a view to informing strategies aimed at promoting and protecting housing rights within the Americas. It also presents the relevant jurisprudence of the Inter-American Commission of Human Rights in the areas of reparations, property and related rights, so as to assess the current legal status and interpretation of the right to adequate housing in the Inter-American system. The next section of the report summarizes the various legal roles that NGOs can participate in within the Inter-American system, along with details of economic, social, cultural and human rights organizations and networks based in the Americas (contained in the annexes). The report also provides concrete ideas and strategies for the promotion of housing rights within the Inter-American system, including recommendations for housing rights test cases that could potentially be brought before the Inter-American Commission or Court. These litigation strategies are divided into five key areas: forced eviction, natural disasters, women’s housing rights, armed conflict and adequate housing. The report ends with a series of conclusions and recommendations summarizing the most useful way to utilize the Inter-American system for taking up and adjudicating housing rights cases.

This technical report would be useful as a resource guide for advocates within the Americas who would like to pursue economic, social and cultural rights advocacy, including the right to adequate housing, within the Inter-American system.