U.S. Federal and State Case Law Asserting Economic and Social Rights as Human Rights

While a right to housing is well established under international law, in terms of purely domestic law, the existence of such a right is less certain. Under federal constitutional law, it is not clear whether a right to housing exists, and it seems unlikely that such a right would be found were it to be decided in the current Supreme Court.

However, there is significant evidence of such a right under a number of state constitutions and the right may be developed across the U.S. through state statutes and common law.

In addition, there are several state and federal cases addressing the existence of other human rights, such as the right to social welfare, the right to family, and the right to minimum prison standards. Among these cases is a Supreme Court case referencing the United Nations Standard Minimum Rules for the Treatment of Prisoners.  The following document is a summary of the U.S. cases that deal with housing rights, as well as other economic and social rights.

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