Written evidence submitted by Amnesty International UK (TH0009)

 

Amnesty has long advocated for the incorporation of International Covenant on Economic, Social, and Cultural Rights including Article 11(1) on the Right to Adequate Housing into UK law. This submission highlights where successive governments' failure to protect, respect and fulfil human rights is a causal factor in homelessness that hinders access to justice and lack of accountability for delivering systemic solutions.

Summary

 

 

 

 

 

 

 

1.    Introduction to Amnesty International

 

1.1 Amnesty International UK (AIUK) is a national section of a global movement of more ten million people. Amnesty International is the world’s largest grassroots human rights organisation. Our purpose is to protect individuals wherever justice, freedom and truth are denied. We undertake research and action focused on preventing and ending grave abuses of all human rights enshrined in the 1948 Universal Declaration of Human Rights, its associated treaties and other international human rights instruments. We are independent of any Government, political party, ideology, economic interest, or religion. 

 

1.2 Since 2021, Amnesty International UK (AIUK) has partnered with civil society organisations and people who have experienced homelessness to research the root causes and consequences of homelessness in England and advocate for solutions. Our research forms the basis of the evidence presented in this submission.

2.    Introduction to the Human Right to Adequate Housing

 

2.1 The human right to adequate housing is enshrined in several international human rights treaties ratified by the UK government most notably in the International Covenant on Economic, Social, and Cultural Rights (ICESCR)[1] (ratified in 1976). Under Article 11(1), ICESCR mandates that governments are obliged to recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions.

 

2.2   Ratifying States committed to ensure that the central right to adequate housing derived from this, is progressively realised using the maximum available resources and to avoid actions that diminish or hinder the enjoyment of this right.

 

2.3   The UN Committee on Economic, Social and Cultural Rights (CESCR) has further elaborated on the right to adequate housing, detailing specific obligations in General Comment 4[2]. What constitutes “Adequacy” should be determined domestically but it is expected to include:

 

 

2.4   Therefore, the right to housing is not just about physical shelter, but encompasses social, economic, and legal protections necessary for dignified living. The right to adequate housing is interdependent with other human rights, such as those to water, food, education, and social security, meaning failures in one area can undermine other rights. CESCR requires states to ensure minimum essential levels of housing for all, free from discrimination.

2.5   UN Special Rapporteur on the right to adequate housing stresses that homelessness is an extreme form of human rights violation, not just of the right to housing but of other rights and failure to prevent and tackle homelessness amounts to cruel, degrading and inhuman treatment[3].

2.6   The UK’s current legal system, however, does not currently systematically incorporate ICESCR provisions into domestic law (in the same way that many of rights in the International Covenant on Civil and Political Rights are protected by the Human Rights Act 1998), which is inconsistent with international human rights standards. This limits the extent to which people experiencing homelessness in the UK can access justice, redress and hold the government to account. The UK remains bound by its international commitments, even without explicit incorporation into national law, as per the Vienna Convention on the Law of Treaties.

2.7   CESCR in its 2016 concluding observations urged the UK to “take immediate measures, including by allocating appropriate funds to local authorities, to reduce the exceptionally high levels of homelessness” and to better integrate ICESCR rights into its legal framework and provide effective legal remedies for victims of violations[4].

2.8   Failures of successive governments to effectively incorporate these rights has contributed to the tragic reality pointed out by the National Audit Office (NAO, 2024) that homelessness has increased in recent years and is now at the highest level since comparable data collection began in the early 2000s[5] 

2.9   Before taking office, the now incumbent prime minister Sir Keir Starmer stated in November 2023 in the House of Commons that “Homelessness is a choice- it is a political choice”[6]. This is an analysis which we support. The evidence we have gathered on failures to make the right political choices, to take urgent and long-term action and to systemically address the homelessness crisis in the UK are explored below.

3.    Failures to fulfil obligations on the right to adequate housing as a causal factor in homelessness.

 

3.1 Failure to address availability and affordability of adequate housing.

 

3.1.1 Our research concluded that the root causes of homelessness lie in the affordable housing crisis, where the availability of social housing stock is well below the demand. This increasingly pushes people towards the private rental market. While the scale of the crisis is subject to geographic variations, with growing rents and real terms benefit cuts, it is nearly impossible for people living in, or on the brink of, poverty to obtain adequate and affordable housing.[7]

3.1.2 The NAO point out in their report, there are unprecedented numbers of people who are housed in temporary accommodation. Recent government statistics shows that for many temporary accommodation is far from temporary; for example 22.5% of households with children in temporary accommodation had been there for 5 years or more[8].

3.1.2 This is contrary to the obligations under ICESCR which stated that Individuals and families should be provided access to adequate permanent housing so as not to be compelled to rely on emergency accommodation for extended periods[9].

3.1.3 The incumbent government has announced initiatives to address lack of availability, “get Britain building again through requirements for housing plans and reform to planning regulation. Whilst this may deliver increased availability of homes over the term of this government, it will not deliver quickly enough for those who are currently homeless. There is a need to take urgent action to address the homelessness crisis now.

 

3.1.4 Our research demonstrates that people are concerned about the limited access to affordable homes. People told us that they are concerned about spiraling rents alongside the welfare benefit changes which make it difficult for them to make ends meet.[10]

 

3.1.5  CESCR in their 2016 concluding observations on the UK compliance with their ICESCR obligations reminded the UK government of the inexorable link between the right to social security (Article 9) and the right to adequate housing calling on the government to “restore the link between the rates of State benefits and the costs of living and guarantee that all social benefits provide a level of benefit sufficient to ensure an adequate standard of living, including access to health care, adequate housing and food[11].

 

3.1.6 We have joined a coalition of civil society organisations to call[12] for the government to enshrine in law an independent process through which levels of income protection provided through social security schemes would be linked to the cost of living. The idea of an ‘essentials guarantee’ is compliant with the principles set out in CESCR General Comment 19[13] to “ensure that beneficiaries are able to afford the goods and services they require to realize their Covenant rights” and with ILO Convention 102 (ratified by the UK) and ILO General Recommendation 202 on Social Protection Floors. 

 

3.1.7 Without action to address the inadequacy of social security benefits, including Local Housing Allowance it will not be possible to systemically address the causes of homelessness.

 

3.2 Failure to act to provide people with security of tenure.

 

3.2.1 Our research found that relying on the private rental market has led to limitations on housing security in England. Most private tenancies are Assured Shorthold Tenancies (ASTs), where landlords can evict tenants without giving a specific reason once the tenancy ends, using a Section 21 notice under the Housing Act 1988[14].

 

3.2.2 These no-fault evictions have been a major cause of homelessness. The widespread use of no-fault evictions means some tenants are afraid to report the need for repairs, as they fear being evicted in retaliation.  Though the proposals within the Renter Rights Bill 2024 will go some way to providing greater security of tenure there are potential for loopholes and limitations of rights which will require working through in amendments and implementation reviews should the bill pass.

 

3.3  Failure to ensure the habitability of housing

 

3.3.1. Although the current government has proposed measures in the Renters Rights Bill to hold landlords more accountable for the habitability of housing (such as applying the decent homes standard to private landlords), these measures do not directly address the health risks associated with homelessness or the need to improve accountability for standards of habitability in temporary accommodation (e.g. by applying the decent homes standards). This is a significant concern, as the number of people, including children, in temporary accommodation has reached unprecedented levels.

 

3.3.2 It is our view that whilst Article 8 of the Human Rights Act 1998 unfortunately does not amount to a right to be provided a home, local authorities should ensure that their policies and practice do not interfere with a person’s right to respect for private and family life. For example, the standard of accommodation must not be so low that a person’s right to respect for their private or family life is infringed.

 

3.3.4  Research supported by us, with people experience of homelessness (led by homelessness charity, Groundswell) highlights the lack of a centralised oversight mechanism or an independent regulator to monitor housing conditions, including the provision of support in unregulated temporary accommodation. Currently it is up to local authorities to monitor conditions in supported temporary accommodation that they commission (e.g. Hostels) and people report to us that in such accommodation living conditions can be poor and the support provided, paid for by a subsidy charge to the resident does not always meet their needs[15].

 

3.4  Failure to address Discriminatory legal conditions on access to housing.

 

3.4.1  Whilst the incumbent government’s proposed measures within the Renters Rights Bill to tackle discrimination by landlords (e.g. on the basis of social security claims), it is our view that the failure of successive UK governments to incorporate the International Covenant on Economic, Social and Cultural Rights in particular Article 11 (1) on the right to adequate housing leaves people in the UK vulnerable to ongoing violations of these rights such as homelessness. 

 

3.4.2 The government has failed to set out reform to housing and homelessness laws (such as Housing Act 1996, Part 7, Homelessness: England), which prioritises housing based on eligibility and “priority need,” or citing a lack of local connection which results in thousands being denied housing assistance. This approach treats housing as a benefit or reward, rather than a fundamental human right. The current system, with its strict criteria and absence of a statutory duty to provide housing to all those experiencing homelessness, conflicts with the UK’s international obligations under the International Covenant on Economic, Social and Cultural Rights (ICESCR).

 

3.4.3 Disproportionately impacted groups face greater barriers to accessing the right to adequate housing through the denial of housing support. For example, refusal of support based on immigration status further violates international human rights standard and the "intentionality" of homelessness test, excludes many vulnerable individuals from assistance. Policing, Crime, Sentencing and Courts Act also includes a provision that criminalises trespass thus impacting Gypsy, Roma and Traveller (GRT) communities [16].

4.       Consequences of states failures to fulfil its obligations to prevent and tackle homelessness.

 

4.1 General Comment 36 on the Right to Life (Article 6) under the International Covenant on Civil and Political Rights, ratified by the UK, “The duty to protect life also implies that States parties should take appropriate measures to address the general conditions in society that may give rise to direct threats to life or prevent individuals from enjoying their right to life with dignity. These general conditions may include… extensive substance abuse, widespread hunger and malnutrition and extreme poverty and homelessness”. The General Comment further explains that the appropriate measures referred to include, where necessary, to ensure access to essential goods and services such as food, water, shelter, healthcare, electricity and sanitation[17].

 

4.2 Economic and social rights violations often occur together, triggered by political decisions or life events outside of individuals’ control. In the case of homelessness, factors like domestic abuse, relationship breakdowns, job loss, health issues, or inadequate income protection can be the cause, with housing not always being the direct issue. Once homeless, people face further human rights violations, such as of the right to food, health, and dignity.

 

4.3 Our research shows that the government's fragmented and departmental siloed approach to policymaking contributes to the dire consequences of homelessness. This siloed governance model, not only causes homelessness but also exacerbates its impacts, trapping people in a cycle of trauma and human rights violations that are direct risks to life and prevent people from enjoying a life with dignity. We have provided example of our research in support of this in paragraph 4.4.3, 4.5.2, 4.6.4, 4.7.1).

 

4.4 Health Inequalities

 

4.4.1 As recognised by the NAO (2024), the experience of homelessness has a significant impact on physical and mental health and ultimately life expectancy through exposure to new health risks, exacerbating existing conditions and limiting access to universal healthcare. The tragic realisation of these violations of the right to health are demonstrated by the increasing number of deaths in homelessness[18] and of children in temporary accommodation[19].

 

4.4.2 General Comment 14 of CESCR on the Highest Attainable Standard of Health (article 12) sets out the obligations of the government to ensure equal access to healthcare for all and requiring the elimination of discriminatory practices[20].

 

4.4.3 Our research identified systemic barriers to healthcare faced by people experiencing homelessness such as; bureaucratic obstacles (including preconditions for registration at the GP), stigma, and financial challenges, all of which prevent people who are homeless from accessing the care and treatment they need thus exacerbating the health consequences. Furthermore, fragmented physical and mental health services mean that people experiencing homelessness who require mental health support or support to overcome addictions, are falling through the gaps in service eligibility criteria and left without the support they need[21].

 

4.5 Access to Food

 

4.5.1 General Comment 12 of the CESCR sets out that the right to food means everyone has access to adequate food or the means to procure it.  Governments are obliged to take all necessary action to mitigate and alleviate hunger including an immediate obligation to fulfill this right by provision of food directly when people are unable for reasons beyond their control to enjoy the right to food by the means at their disposal[22].

 

4.5.2 People told us during our research, that the government fulfilling this obligation to facilitate direct provision of food is very far from their experience.  Rather, people experiencing homelessness told us they are reliant on the kindness of strangers and charities to eat, frequently after jumping through bureaucratic hoops to demonstrate eligibility and often the food provided is not sufficient to meet their nutritional or cultural needs[23].  This failure of the State in its obligations on fulfilling the right to food for people experiencing homelessness is not considered adequately by the NAO in their July 2024 report.

 

4.5.3 Our research demonstrates that the impact of homelessness on access to food contributes to the overall decline in physical and mental health. Some people experiencing homelessness told us that prison was a better option that hostel accommodation or rough sleeping as at least their basic needs for food and shelter are taken care of. Frequently, people in temporary accommodation have no means to store or cook food in their accommodation. Women often prioritise immediate needs like finding food and a place to sleep over their health needs[24].

 

4.6 Dignity

 

4.6.1 Article 3 of the Human Rights Act 1998 states that no-one shall be subject to torture or to inhuman or degrading treatment or punishment. Whilst the threshold to be crossed for claims that Article 3 is breached is very high (meaning that having to sleep rough does not itself amount to cruel, inhuman or degrading treatment), this threshold is crossed if the deprivation is such that the person cannot maintain essential levels of health and hygiene[25].

 

4.6.2 In a case taken up by Shelter on behalf of three asylum seekers who were denied Home Office support and accommodation because they applied for asylum a day later than the day of their arrival, it was held that the Home Office’s decision had left them no option but to sleep rough and was indeed a breach of their right to be protected from cruel, inhuman and degrading treatment.[26]

 

4.6.3 Further to this CESCR General Comment No. 7 (1997) states that: “Forced eviction should not result in individuals being made homeless” [27].  If people are unable to meet their own housing needs, the government must do everything it can, using all the resources available, to provide them with suitable alternative housing.

4.6.4 Our research identified state institutions that are knowingly discharging people into homelessness from hospitals, prisons and other care environments in England. The Homeless Reduction Act 2017 and later the Care Act 2014 place duties on local authorities and the NHS to act together to prevent this, however, people with experience of homelessness have told us that that state instigated discharge into homelessness is still happening with detriment to the physical and mental health of those people[28].

4.6.5 The most up to date statistical release shows that 14.3% of prisoners released from custody in the year to March 2024 were not housed on the first night after release[29].

4.6.6 To prevent rough sleeping and protect people’s right to live in dignity, the government must take urgent steps to ensure that no state institution is discharging people unhoused from hospital, prison or care[30].

4.7 Criminalisation of homelessness

 

4.7.1 Our research demonstrates that violation of the human right to adequate housing in the form of homelessness is leading to the criminalisation of people, driving them into the overburdened criminal justice system. Punishing people who are forced to sleep rough with fines or prison sentences does nothing to resolve the root causes of homelessness, creates mistrust and pushes them away from the services they need[31].

 

4.7.2 The Committee on Economic, Social and Cultural Rights (CESCR) urges the UK to take all necessary steps to prevent the criminalisation of rough sleeping and to implement policies that support the social reintegration of homeless people. Although the UK government has moved to repeal the Vagrancy Act of 1824, which criminalised rough sleeping and begging for nearly 200 years, concerns remain as the Act continues on the statute book and there are concerns that new punitive measures may replace it.

 

4.7.3 Public Space Protection Orders (PSPOs), under the 2014 Anti-Social Behaviour, Crime and Policing Act, continue to target people experiencing homelessness, with violations leading to fines and criminal convictions. Additionally, the new Policing, Crime, Sentencing and Courts Act criminalises trespassing, further threatening homeless people and Gypsy, Roma, and Traveller communities with fines or jail time. The Human Rights Committee (the UN Body that monitors states performance on Civil and Political Rights) have stated that use of such laws, which punish everyday acts tied to homelessness (such as sleeping, eating or sitting in particular places) raises concerns of discrimination and cruel, inhuman, or degrading treatment. The CESCR calls for a shift towards policies that support rather than criminalise those facing homelessness[32].

 

5. Recommendations to tackle the causes and consequences of homelessness:

 

5.1 Incorporate the International Covenant on Economic, Social and Cultural Rights (ICESCR) into UK law, making its rights enforceable through domestic courts. The UK should adopt policies that recognise and fully implement the right to adequate housing as outlined by the CESCR, strengthening enforcement and ensuring resources for affordable housing. 

 

5.2 Ensure legislation and policy frameworks embed human rights and equality impact assessments to ensure that they are properly responsive to the differential drivers and impacts of homelessness for different groups within society. A non-exhaustive list would include those with protected characteristics under the Equality Act (1998) including those facing multiple discriminations, and within that also women fleeing domestic abuse, people of colour, young people, people with disabilities including learning disabilities, care-experienced people and those with mental health issues.

 

5.3 Reform all regulations relating to uprating of social security benefits to ensure social security levels are determined based on an independent assessment of the level sufficient to guarantee an adequate standard of living and housing.

 

5.4 Immediately adjust the Local Housing Allowance (LHA) to reflect rising rents and regularly review LHA to align with human rights standards.

 

5.5 Amend the Housing Act 1996 Part 7 to abolish the criteria of ‘priority need’ and ‘intentionality’ for determining housing entitlement, ensuring housing for all people experiencing homelessness, especially those most at risk of abuse and exploitation. Issue clear guidance to ensure that local authorities do not use the lack of ‘local connection’ to deny or delay housing and other support to people experiencing homelessness.

 

5.6 Take steps, including through amendments to immigration legislation, to ensure that every person regardless of immigration status has access to benefits and other essential services to avoid homelessness and avoid homelessness and protection of cruel, inhuman and degrading treatment.

 

5.7 Take steps to engage in a genuine consultation with people with experience of homelessness, and other stakeholders on the creation of an independent regulatory body to oversee the quality and management of housing provided in B&Bs, hostels, supported housing, and other forms of temporary accommodation.

 

5.8 Engage with Ministry of Housing Communities and Local Government, local authorities (LAs), Ministry of Justice, and Department of Health and Social Care to devise a strategy to ensure that no one leaves a state institution (e.g., prison, hospital) without access to adequate housing.

 

5.9 Implement the NICE Guidelines for people experiencing homelessness and involve people with lived experience in informing their implementation to tackle homeless health inequalities.

 

5.10 Commit to and ensure greater collaboration between different ministries, strategically and operationally, to ensure that the right to housing for people experiencing or threatened with homelessness is effectively implemented.

 

5.11 The right to public participation in policy making is fundamental. Therefore, include people with lived experience of homelessness in policymaking to understand the real challenges and develop effective, rights-based solutions.

 

5.12 Commence the repeal of the Vagrancy Act and review the use of other legal mechanisms to ensure that they are not used in a way that discriminates against and criminalises people experiencing homelessness.

 

Contact details:  Jen Clark (Economic, Social and Cultural Rights Lead) jen.clark@amnesty.org.uk


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Notes


[1] UN International Covenant on Economic, Social and Cultural Rights (1996), (accessed on 15.11.24)

[2] UN Committee on Economic Social and Cultural Rights General Comment 4: The right to adequate housing (1991) (accessed on 15.11.24)

[3] UN Special Rapporteur on the Right Adequate Housing (accessed on 15.11.24)

[4] Committee on Economic, Social and Cultural Rights Concluding observations on the sixth periodic report of the United Kingdom of Great Britain and Northern Ireland (2016) (accessed on 15.11.24)

[5] The effectiveness of government in tackling homelessness NAO Report (2024) (accessed on 15.11.24)

[6] Debate on the Address - Hansard - UK Parliament (accessed on 15.11.24)

[7] An Obstacle Course:  Homelessness Assistance and the Right to Housing in England, Amnesty International (2022)

[8] https://www.gov.uk/government/statistics/statutory-homelessness-in-england-financial-year-2023-24 (accessed on 15.11.24)

[9] Guidelines for the implementation of the right to adequate housing | OHCHR (accessed on 15.11.24)

[10] Broken Britain: Voices from the Frontline (Amnesty International UK) (2024) (Pg26-27)

[11] Committee on Economic, Social and Cultural Rights Concluding observations on the sixth periodic report of the United Kingdom of Great Britain and Northern Ireland (2016) (paragraph 41) (accessed on 15.11.24)

[12] Technical Note to Guarantee our Essentials- Social Security as a Human Right (2023)

[13] General comment no. 19, The right to social security (art. 9) (accessed on 15.11.24)

[14]An Obstacle Course:  Homelessness Assistance and the Right to Housing in England (Page 64)

[15] An Obstacle Course:  Homelessness Assistance and the Right to Housing in England (Page 24)

[16] An Obstacle Course:  Homelessness Assistance and the Right to Housing in England (page 20)

[17] General Comment 36 of CCPR Right to Life (UN) (Pg. 6) (accessed on 15.11.24)

[18] Dying Homeless Project Findings 2023 (MOH) (Accessed 18.11.24)

[19] Exclusive: 55 homeless children have died in Temporary Accommodation since 2019 - Households in Temporary Accomodation APPG (accessed on 15.11.24)

[20] General Comment 14 of CESCR: the Right to health

[21] An Obstacle Course:  Homelessness Assistance and the Right to Housing in England, Amnesty International (2022) (Pg.30)

[22] General Comment 12 of CESCR: The Right to Food (accessed on 15.11.24)

[23] Broken Britain: Voices from the Frontline (Amnesty International UK) (2024) (Pg25-26)

[24] An Obstacle Course:  Homelessness Assistance and the Right to Housing in England, Amnesty International (2022) (page 24, 25, 28, 43)

[25] An Obstacle Course:  Homelessness Assistance and the Right to Housing in England, Amnesty International (2022) (page 39)

[26] R (Bernard) v Enfield London Borough Council [2002] EWHC 2282 (Admin), , and R (Anufrijeva) v Southwark London Borough Council [2003] EWCA Civ 1406,

[27] UN OCHR Fact Sheet the Right to Adequate Housing (accessed on 15.11.24)

[28] An Obstacle Course:  Homelessness Assistance and the Right to Housing in England, Amnesty International (2022) (Pg 33, 45)

[29] Offender Accommodation Outcomes - Statistical Summary - GOV.UK (2024)

[30] From the Charter to End Homelessness, Groundswell in collaboration with Amnesty UK (2024)

[31] An Obstacle Course:  Homelessness Assistance and the Right to Housing in England, Amnesty International (2022) (Pg.20)

[32] Human Rights Committee, Concluding observations: Fourth periodic report of the United States of America, 23 April 2014, para. 19.

 

 

November 2024