1. The Right to have Access to Housing of Women who are Victims of Gender-Based Violence
Heléne Combrinck
Centre for Disability Law and
Policy
Law Faculty, UWC

2. Outline Background of research Two propositions Research findings:
SA Constitution
International and regional law
Evaluation: Housing delivery programmes
Conclusions

3. Background of Research
Work with SBC Legal Advice and Training Project (partnership CLC)
Joint project : CLC and SBC (ICRW)
Building on previous work of WCN Shelter Focus Group
2008: Establishment of WC Special Needs Housing Forum

4. Two Propositions Housing needs as a continuum
Domestic violence as forced eviction

6. Domestic Violence as Forced Eviction
Forced eviction: permanent or temporary removal against their will of individuals, families or communities from the home or land that they occupy, without the provision of, or access to, legal and other forms of protection.
Causes of forced eviction can be gender-specific
Where victim leaves home because of DV, seeks alternative accommodation?
‘Forced’ eviction?

7. SA Constitution Section 26: Section 12(1)(c):
(1) Everyone has the right to have access to adequate housing.
(2) The state must take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of this right.
(3) No one may be evicted from their home, or have their home demolished, without an order of court made after considering all the relevant circumstances. No legislation may permit arbitrary evictions.
Section 12(1)(c):
Everyone has the right to be free from all forms of violence from either public or private sources.

8. Right to Have Access to Adequate Housing
Sec 26(2): state to take reasonable measures, within its available resources, to progressively realise right to access to housing
“Reasonableness”: first considered and interpreted in Grootboom
Refined in Rudolph and Olivia Road cases

9. Right to Freedom from Violence
Series of judgments  state’s duty to respond to violence against women
Eg state held liable for failure of state agents to prevent acts of violence against women committed by private actors
Considering housing rights of women subjected to DV: not only sec 26 read with sec 12(1)(c), also substantive equality

10. International and Regional Law
Clear standards emerging: relationship between women’s right of access to adequate housing and freedom from violence
Include recognition of state duty to provide women experiencing DV with access to safe housing

11. International and Regional Law
Example: Committee on Economic, Social and Cultural Rights –
“… States parties [are required], inter alia, to provide victims of domestic violence, who are primarily female, with access to safe housing, remedies and redress for physical, mental and emotional damage.” [Genl Comment 16, para 27]
CEDAW Committee: A.T. v Hungary (2005)

12. International and Regional Law
UN Special Rapporteur on Adequate Housing:
Women living in situations of DV inherently living in inadequate housing
Different groups of women particularly vulnerable to discrimination  face additional obstacles in accessing housing
Special attention required for some groups or categories of women more vulnerable than others, eg victims of DV, women with disabilities, women widowed by AIDS, etc.
Adopted view that DV could amount to forced eviction

13. International and Regional Law
Work amplified by UN Special Rapporteur on Violence against Women
African Women’s Protocol – Article 16

14. Evaluation
National Housing Code: doesn’t provide for women who are victims of DV as such
May benefit from existing housing programmes (depending on…)
Availability varies from province to province
Reasonable?

15. Evaluation
Looked at various housing delivery programmes at different levels of government (following model of ‘Housing Ladder’):
Emergency housing
Shelters (Institutional and Transitional housing programmes)
Social Housing
Rental and individual home ownership programmes

16. Evaluation Based on Grootboom criteria:
Adopted through legislative and policy means
Reasonably implemented
Flexible and balanced
Must not exclude a significant segment of society
Must be clear and efficient assignment of functions to three spheres of government
Clear that current approach falls short – not only for women experiencing DV, but all persons with special housing needs

17. Evaluation
Former Special Rapporteur on Adequate Housing: mission to SA in 2007
Report: observed many women still forced to remain in, or return to situations of DV
Noted lack of specific housing programme to address vulnerable housing groups
Recommendations included restructuring rental housing, formulate national policy for groups with specific housing requirements

18. Conclusions
Grootboom: consider housing problems in socio-economic and historic context
Women’s increased vulnerability to HIV/AIDS and DV due to lack of access to adequate housing
“Flexible and balanced” – full spectrum
Policy approach: full extent of violation of rights  prioritisation (Rudolph case)

19. Conclusions State duties to address violence against women
Reinforced by conceptualisation of DV as forced eviction
Unvoidable conclusion: current approach to access to housing for women experiencing DV (and other persons with specific housing needs) falls short of standards set in Constitution and international human rights law

20. THANK YOU Contact Details: Helene Combrinck Tel: (021) 959-3601
Fax: (021)