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Picture of Serde Atalay

Serde Atalay

Doctoral student

Picture of Serde Atalay

For Whom is the House Kept? Making ICESCR Work to Counter Discrimination Against Migrants and Refugees in Access to Adequate Housing

Author

  • Serde Atalay

Summary, in English

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.

Department/s

  • Department of Law
  • LU Profile Area: Human rights
  • Public International Law
  • Migration Law
  • Human Rights Law

Publishing year

2025

Language

English

Pages

134-159

Publication/Series

International Journal of Discrimination and the Law

Volume

25

Issue

2

Document type

Journal article

Topic

  • Law

Keywords

  • Access to housing
  • Non-discrimination
  • Migrants and refugees
  • ICESCR
  • Reasonableness
  • Proportionality
  • Obligations
  • Mänskliga rättigheter

Status

Published

Project

  • Right to Access Housing for Migrants and Refugees: An Inquiry into the Unfulfilled Promises of International Law
  • The Borders Within: the Multifaceted Legal Landscape of Migrant Integration in Europe

Research group

  • Public International Law
  • Migration Law
  • Human Rights Law