The Right to a Nationality and the Right to Adequate Housing

An Analysis of the Intersection of Two Largely ‘Invisible’ Human Rights Violations

Abstract

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.