Hak Asasi Manusia dalam Konteks Rumah: Sebuah Tinjauan Yuridis

The concept of home is deeply intertwined with the fundamental human right to security, privacy, and dignity. This right, enshrined in international human rights law, extends beyond the physical structure of a dwelling to encompass the emotional and psychological well-being associated with it. This article delves into the legal framework surrounding human rights within the context of the home, exploring the various dimensions of this right and its implications for individuals and society.

The Right to a Home: A Fundamental Human Right

The right to a home is not explicitly mentioned in the Universal Declaration of Human Rights (UDHR), but it is implicitly recognized through various provisions. Article 17 of the UDHR states that everyone has the right to own property alone as well as in association with others. This right to property ownership is crucial for securing a home, as it provides individuals with a sense of security and stability. Furthermore, Article 12 of the UDHR guarantees the right to freedom from arbitrary interference with one's privacy, family, home, or correspondence. This provision underscores the importance of the home as a sanctuary where individuals can enjoy their personal lives free from intrusion.

International Legal Instruments and the Right to a Home

Several international legal instruments explicitly address the right to adequate housing, which is closely linked to the right to a home. The International Covenant on Economic, Social and Cultural Rights (ICESCR) recognizes the right to an adequate standard of living, including adequate housing, for all. The Committee on Economic, Social and Cultural Rights, the body responsible for monitoring the implementation of the ICESCR, has issued General Comment No. 4 on the right to adequate housing, which provides detailed guidance on the content and scope of this right. The General Comment emphasizes the importance of security of tenure, affordability, accessibility, and habitability as key elements of adequate housing.

The Right to a Home in Domestic Law

The right to a home is also enshrined in domestic law in many countries. For instance, the Constitution of India guarantees the right to life and liberty, which includes the right to a home. Similarly, the European Convention on Human Rights (ECHR) protects the right to respect for one's home, prohibiting arbitrary interference with this right. Domestic laws often provide specific legal frameworks for housing, including regulations on eviction, rent control, and access to affordable housing.

Challenges to the Right to a Home

Despite the legal recognition of the right to a home, numerous challenges threaten its realization. Poverty, homelessness, and inadequate housing conditions continue to plague many societies. Displacement due to conflict, natural disasters, and development projects also pose significant threats to the right to a home. Furthermore, discrimination based on race, ethnicity, gender, or sexual orientation can limit access to adequate housing.

Conclusion

The right to a home is a fundamental human right that is essential for individuals' well-being and dignity. This right is recognized in international and domestic law, but its realization faces numerous challenges. Ensuring access to adequate housing for all requires a comprehensive approach that addresses the root causes of poverty, homelessness, and discrimination. By upholding the right to a home, societies can create a more just and equitable world where everyone has the opportunity to live in safety, security, and dignity.