The Justiciability of the Right to Housing in International Human Rights law and the Iranian Legal System

Adequate housing is a basic human need on which the realization of other fundamental rights depends. The right to adequate housing has been recognized in many national, regional and international instruments. However, the mere recognition of a right does not suffice, and enforcement as well as the right of action are necessary. The issue raised is whether the right to housing is justiciable in international and national legal systems. In terms of international human rights law, this matter has been resolved with the adoption of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights in 2008. The government of the Islamic Republic of Iran is a member of the said covenant but not its additional protocol. As such, it will establish its own policies on this issue. The present study aims to evaluate the justiciability of the right to housing in international human rights law and Iran's legal system.