Everyone deserves a safe and affordable home - Scotland must act now to make housing a human right for all.

“The right to housing should be seen as the right to live somewhere in security, peace and dignity.”

United Nations Committee on Economic, Social and Cultural Rights

The right to adequate housing was first recognised as a fundamental human right in the 1948 Universal Declaration of Human Rights and later reinforced in the 1966 International Covenant on Economic, Social and Cultural Rights. In 1991, the United Nations Committee on Economic, Social and Cultural Rights elaborated on this right, emphasising essential components, such as security of tenure, access to essential services and infrastructure, affordability, habitability, suitable location and cultural adequacy, amongst others.

Despite its recognition as a fundamental human right by the United Nations, Scotland’s housing crisis continues to deprive many citizens of the essential right to housing. In the heart of winter, thousands of Scottish families are facing a stark reality; living in homes plagued by mold, facing astronomical rental costs, or fearing imminent eviction.

The housing crisis: A growing challenge

Scotland’s housing landscape has become increasingly precarious. Short-term holiday lets are pushing residents out of their communities, while the construction of luxury apartments is prioritised over affordable homes. The shortage of social housing, combined with skyrocketing private rental prices, has created a perfect storm. Most concerning are the widespread reports of substandard living conditions, with many residents suffering from persistent mould and pest infestations—issues that particularly impact vulnerable residents during harsh winters.

More than just four walls: Housing as a foundation for life

Understanding housing as a human right requires recognising that it is more than four walls and a roof; it is the foundation for a dignified life. Poor quality housing directly impacts physical and mental health, making it impossible for individuals to thrive. Substandard homes not only undermine people’s health, but also threatens the realisation of multiple human rights. When families face housing insecurity or substandard living conditions, they experience cascading violations of their basic rights: their right to privacy and home life is compromised (Article 12), their children’s right to education becomes precarious (Article 26), and their ability to secure and maintain desirable work is undermined (Article 23). The impact extends to their right to health and well-being, their right to participate in community life (Article 27), and even their right to rest and leisure (Article 24). Most concerningly, inadequate housing can amount to degrading treatment (Article 5), particularly when people are forced to live in conditions that threaten their dignity. Without solving the housing crisis, we cannot ensure these fundamental human rights are protected and fulfilled.

Recent policy developments

The Scottish Government have started taken steps to address these challenges. The Housing (Scotland) Bill, which passed its first parliamentary stage in November 2024, strengthens tenant rights and introduces rent controls. While this legislation represents progress, it falls short in providing comprehensive protections for social tenants and requires more detailed implementation plans for rent controls.

Similarly, Scotland’s second National Human Rights Action Plan (SNAP 2) (2023-2030) provides a promising framework for addressing human rights, recognising that poverty and housing are intrinsically linked human rights issues that require coordinated action. SNAP 2 emphasises several crucial priorities such as conducting comprehensive research to understand and address housing inequalities, empowering tenants to participate in establishing minimum housing standards, and ensuring that all housing providers adopt a rights-based approaches.

Despite these hopeful developments, a glaring gap remains in Human Rights legislation in Scotland. It an urgent matter that the Scottish Government introduces robust human rights policy without delay, by finally drafting the promised Human Rights Bill.

The path forward: From policy to practice

While the commitments made in SNAP 2 and the Housing Bill are promising, the people of Scotland need more than just well-intentioned legislation; we need practical enforcement mechanisms, increased investment in social housing, and real accountability for those who fail to meet housing standards.

The Scottish Government must prioritise turning these policies into practice by establishing the necessary processes to enforce these measures effectively. The following priorities should be at the core of housing rights implementation in Scotland:

  1. Prioritising the implementation of the promised Human Rights Bill, ensuring housing rights are central to its framework
  2. Developing and enforcing clear accountability processes for both private and social landlords
  3. Establishing robust mechanisms to enforce existing housing quality standards
  4. Significantly expanding the availability of affordable and social housing stock
  5. Ensuring meaningful participation of tenants in developing housing standards and future housing and human rights policies

The right to adequate housing is more than just having a roof over one’s head; it is the right to security, dignity, and health. Only through sustained policy development and robust enforcement can we ensure that the right to housing becomes a reality for all residents of Scotland. By turning words into action, Scotland can uphold its commitment to human rights and provide a foundation upon which all people can thrive.

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