Housing rights: positive duties and enforceable rights at the European Court of Human Rights (original) (raw)
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Housing rights and human rights
2005
Conclusions (a) Are there four parallel 'monitoring' systems and two courts for housing rights in Europe ? (b) Moving housing rights away from law? (c) Without a remedy there is no right 10 Appendix 1. Collective Complaints Protocol 95 Appendix 2. Draft Optional Protocol 99 Appendix 3. Draft International Convention on Housing Rights Appendix 4. General Comment No. 4. Right to Adequate Housing Appendix 5. General Comment No. 7. Right to Adequate Housing (Forced Evictions) Foreword The year 2005 will be remembered as a year when many tens of thousands of people became homeless as a result of natural disasters. Whether in SouthEast Asia, New Orleans or the recent tragedies in Paris, many questions have been raised in relation to the rights of these homeless households. Indeed, their chances of being re-housed in decent housing may largely be dictated by what housing rights they have. The responsibilities of States depends on the extent of such housing rights. It is also clear that the continued reliance on the private market to meet the housing needs of the most vulnerable in society has now become a global phenomenon. Therefore, the disengagement of many States from intervening directly in the housing market to meet the needs of vulnerable households has compounded the difficulties for many low-income people in gaining access to housing. This is the first time a detailed book has been produced on the issue of Housing Rights and Human Rights. As well as outlining the various legal instruments that are currently in place to advance housing rights, it also provides a critical analysis of such instruments, and how they have been used in different countries, particularly in the European Union. Whilst there has been much discussion in recent times on rights based approaches to housing, this book provides a clear explanation and critique of the issues involved. It also illuminates the complex and lengthy processes in the European Union in relation to social inclusion policies, demonstrating how homelessness has not yet been properly addressed. Access and rights to housing in many countries have never been accorded the same level of priority as access to other forms of social protection or health care. Yet, it could be argued that access to decent housing is fundamental to ensuring proper access to other social goods. On behalf of FEANTSA, I would like to express thanks to Dr. Padraic Kenna, Chair of the FEANTSA Expert Group on Housing Rights in providing his services on a voluntary basis to produce this publication, as well as the other members of the FEANTSA Expert Group on Housing Rights. This is an invaluable publication by FEANTSA in its continued campaign to advance the housing rights of homeless people.
The right to housing in the light of the European Social Charter
Nieruchomości@
This paper is devoted to the analysis of the right to housing in the light of the European Social Charter. The said right is a fundamental human right of key importance recognised in the Constitutions of all European states and international human rights instruments. In the law of the Council of Europe, the European Social Charter (revised) establishes the right to housing in point 31 and specifies the corresponding duties of states parties to respect, protect, and fulfil this right in Article 31. The Charter is unique in being the only legally binding European instrument that contains provisions specifically and exclusively addressing the right to housing. Therefore, its role in establishing high standards of enjoyment of this right and strengthening the mechanisms of its protection in Europe is crucial, and the commitments taken by states with respect to Article 31 shall be perceived and implemented with greatest intensity and attention. Despite its fundamental importance, Article...
International Instruments on Housing Rights
Journal of Legal Affairs and Dispute Resolution in Engineering and Construction, 2010
Housing rights can act to guarantee minimum housing provision for poor and deprived persons, based on respect for human dignity. These rights are now established within many international public law instruments and treaties, as well as national constitutions, laws and curial jurisprudence. There is a growing corpus of law giving greater definition and clarification to state obligations, and the nature and extent of housing rights. Housing rights discourse is expanding from shelter and social housing toward embracing all elements of housing systems, including housing as property, housing finance, infrastructure, environmental, and regulation systems. But beyond regulation of these elements, can these housing rights be integrated into a template for the governance of overall housing systems in the new era of regulation of housing and finance markets?
International Scientific Journal “Internauka”. Series: “Juridical Sciences”, 2023
The article, based on the sources of international law, examines the legal nature of the right to adequate housing and possible ways of implementing this basic right in the national legal space at the general theoretical level. The author notes that the right to adequate housing is a basic social human right. Being enshrined in the sources of International Law, the right to adequate housing has mainly ‘declarative properties’, which actualizes the problem of its implementation in the national legal space. The full implementation of this right largely conditions the effectiveness of Ukraine's renovation processes. Realization and enforcement of this right, in the author's opinion, in the national legal space is fraught with difficulties due to the complexity of national legal systems, especially in the context of ‘international-national’ relations. The author concludes that the right to adequate housing is a meritorious good, which excludes its commodification, but it cannot considered that it has no price. The author concludes that the operation of market institutions and, accordingly, property structures in the implementation of the right to adequate housing is subject to significant transformation. By its nature, the right to adequate housing closely linked to other rights that can realized in the context of inclusive institutions. At the same time, the author emphasizes that the theory of the right to the city can serve as a summarizing theory for ensuring the right to adequate housing and ensuring its implementation in the national legal space. The author argues that addressing the right to adequate housing requires strengthening the role of local communities and developing inclusive urban institutions, as this approach allows taking into account the moral externalities associated with the granting of this right.
The Right to Housing: from an International, European and Comparative Viewpoint
2019
Less than a year ago, a 55 years old elder man committed suicide when he was going to be evicted from her house in Cornella. He didn’t have enough money to pay the rent, and he didn’t have any alternative place to live on. Unfortunately, this case is not an exception, the platform for the protection of those affected by mortgages (PAH) deals every week with hundreds of cases of people who cannot afford to pay their mortgage. That seems contradictory if we take into account that the Spanish Constitution establishes the right to housing, and that the public authorities should promote that everyone has access to a decent habitation.
European Law Journal, 2019
The trend towards the financialisation of housing since the 1980s and the global financial crisis exposed a dramatic lacuna in the legal protection of the right to housing. Yet, the right to housing features not only in national and international human rights instruments, but also in the EU Charter of Fundamental Rights. Charter rights are increasingly finding expression in the case law of the Court of Justice of the European Union (CJEU). In particular, drawing on the Charter, the CJEU's interpretation of EU consumer law is moving towards a recognition of housing rights as inherent components of consumer protection. On the basis of such developments, this article examines whether there is scope to extend this human rights approach to new areas – namely, to the Mortgage Credit Directive (2014) – a major EU harmonising measure – and to the work of EU institutions now responsible for banking supervision. The article concludes that, if guided by the Charter of Fundamental Rights, t...