Fighting Homelessness: Can International Human Rights Law Make a Difference?

Marc-Olivier Herman

Marc-Olivier Herman received an L.L.M. from Georgetown University Law Center in 1994 and currently works with human rights organizations in Brussels, Belgium.

Homelessness is a problem that may be focused upon from an international human rights perspective. The International Covenant on Economic, Social, and Cultural Rights is an important international human rights instrument which addresses the problem of homelessness through its provision imposing upon governments the obligation to provide adequate housing, food and clothing for all persons as a fundamental human right.

The United States, however, has not become a party to the International Covenant on Economic, Social and Cultural Rights. A major obstacle to binding the United States under these instruments is that they are declared non self executing.

Even without the formal adoption of this instrument by the United States, it may be a useful tool in the armament of litigators for the homeless by advocating legislative or policy reform. This provides a strategy to use international human rights law to interpret domestic law and litigate for the homeless in their right to adequate housing.

Vol. II, No. 1, p. 59 (1994)

Revised July 17, 2003 (MD)