The Right to Housing

The right to housing is among the rights most commonly affected by development-induced displacement (DID). As DID entails the involuntary removal of individuals from their homes and residences, it inherently impacts the enjoyment of this right. This chapter, therefore, examines the sources and normative content of the right to housing as well as how the process and outcome of DID can interfere with this right. International human rights law, however, allows states to impose legitimate limitations on the enjoyment of rights, including the right to housing, under exceptional circumstances in order to protect overriding individual or public interests. Economic development or the provision of public services that trigger displacement in the context of DID could be considered a justified public interest provided that all conditions for lawful limitation are met. Accordingly, the chapter also explores the extent to which interferences with the right to housing can be justified under relevant limitation clauses. In doing so, it outlines the human rights safeguards that must be in place during eviction or displacement to prevent violations.