For whom is the house kept? Making ICESCR work to counter discrimination against migrants and refugees in access to adequate housing

Abstract

With a critical focus on the interpretative work of the Committee on Economic, Social and Cultural Rights, this article sets out the parameters of applying non-discrimination under article 2(2) of the International Covenant on Economic, Social and Cultural Rights in conjunction with article 11(1) on the right to adequate housing to discrimination suffered by migrants and refugees in access to existing housing. By placing a specific emphasis on understanding states parties’ obligations under the Covenant, the article clarifies the standards applicable for examining discrimination against migrants and refugees in access to housing through a structured account. This account contributes to existing scholarship both on the Covenant in general, and the right to adequate housing in particular. Offering a methodical explanation of how state accountability could be secured to remedy the harms of discrimination against migrants and refugees in access to housing, the article shines light on the normative value and potential of the Covenant in this context.