The Right to Adequate Housing: Its Legal Nature and Possible Ways of Implementation in the National Space Law (original) (raw)
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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 European Social Charter standards of right to housing: Ukraine's compliance with commitments
Institute of International Relations, Taras Shevchenko National University of Kyiv, 2020
The article is devoted to the protection of the human right to housing in Ukraine in the context of the analysis of the fulfillment of obligations of Ukraine under the article 31 of the European Social Charter revised. Ukraine accepted the first two paragraphs of Article 31 devoted to the right to housing,avoiding the provision enshrined under third paragraph. Since the time of ratificationofthe ESC, the fulfillment of these obligations has remained problematic for Ukraine in spite of including the key aspects of the right to housing in the Constitution of Ukraine, detailing in numerous national legal acts. European Committee of Social Rights’ recommendations issued following the consideration of Ukraine reports for different periods, including the latest recommendations in 2020 for 2014-2017 are analyzed in the article. The main problems of bringing Ukrainian legislation into accordance of ESC standards in the sphere of right to housing have been identified and highlighted. By comparing the main comments of the European Committee of Social Rights of different years on the right to housing, authors concluded that the lack of significant progress in the implementation of Committee’s recommendations in Ukraine is associated with many factors, among which the total lack of Ukrainian translation of the decisions and conclusions of the Committee, the lack of understanding of the Committee's interpretation of the right to housing and as a result, delays in the submission of state reports, not providing sufficient information in reports, even statistical (for example, data of the number of homeless people), as well as the lack of an integrated complex understanding of the necessary changes in national legislation and practice for the adequate implementation of the Charter standards.
Reflections on the Human Right to Adequate Housing
This group paper focuses on three cases related to the right to an adequate housing. It starts by analyzing Canada’s ramifications to international human rights treaties and their subsequent implementation, in regards to the human right to housing with the focus on the Vancouver area, specifically the Downtown Eastside (DTES) Neighborhood, where interrelated issues such as crime, drug use, and mental health issues are exacerbated by the extreme lack of affordable housing. Subsequently, it will turn to Brazil and discuss how the right to adequate housing is being violated there in the context of mega-events, such as the World Cup and the Olympic Games, and what can be done in order to minimize the negative impacts and maximize the benefits of their realization. Finally, the right to adequate housing in regards to indigenous people will be discussed by focusing on urbanization of indigenous communities worldwide and right’s violations related to it, such as forced evictions and discrimination, illustrated by the case of Belo Monte Dam in Brazil.
De-Sovietization of housing legislation: current challenges in martial law
Haliantych M., Kochyn V. De-Sovietization of housing legislation: current challenges in martial law // Entrepreneurship, Economy and Law. 2020. № 3. P. 14–20., 2022
Purpose of the study. The purpose of the article is the study of the current state and prospects of scientific research on the regulation of housing relations, the substantiation of the foundations that will be laid in the new wording of the Housing Code, the legal characteristics of housing as an appropriate and affordable, as well as their relationship with the state guarantees of property rights to housing conditions of military aggression of the Russian Federation. Methodology. The dominant methodological approach in the study is a comparative legal approach, which became the basis of understanding the content of such basic legal categories as "state housing policy", "housing fund", "housing" and made it possible to identify their specific features and differences. To understand and analyze the content of the norms of existing legislative acts regulating the procedure for providing housing to the population, used the normative-dogmatic method, and the method of system-structural analysis allowed to clarify the place of state housing policy in the system of state policy in general. Results. Analysis of the Law of Ukraine "On the Desovietization of Ukrainian Legislation" indicates two directions of "desovietization": a) change of the word combination indicating state authorities of the USSR period; b) redistribution of powers between state authorities and local self-government bodies for the management of the housing stock. Along with the decentralization of housing management, the so-called "privatization" of public relations should occur when it is impossible to adequately influence public relations in order to adequately regulate them through the regulation of relations. Housing ownership and affordability standards should be established at the level of housing. It is right to carry out a housing reform, based on the dual nature of housing (social and economic good). The priority for Ukraine is to support the system of repair of damaged housing stock. Draft № 7198 does not directly pursue the goal of compensation for housing, thus creating a dual understanding of security within the property relationship and within the housing relationship. The science of housing law should establish the scope of state compensation guarantees for damaged and destroyed property, taking into account the attributes of adequate and affordable housing. Conclusions. Desovietization of housing legislation did not enshrine new norms, even to a certain extent affirmed certain communist principles. The new wording of the Housing Code should be based on private law principles of realization of housing rights of persons, in particular in terms of improving the existing methods of acquiring ownership and other proprietary rights to housing. It is necessary to specify an exhaustive list of housing (social dormitories), social standards of restored housing, the boundaries of compensation. The relationship of the construction of social housing, which is not subject to privatization and is provided to resettlers for long-term use, needs to be
Housing policy and housing in socialist Мacedonia
ЕтноАнтропоЗум/EthnoAnthropoZoom, 2020
Owning a home as a space (apartment or house) is the inalienable right of every individual. Home is the center of the world for everyone who owns it, and its absence causes a number of repercussions in ones social life. Housing is an important context in the political, economic and social life and depends on its conditions. Regulated housing, as part of the social and spatial policy, is a witness of a functioning and developed country, while at the same time contributing to social cohesion, preserved integrity and well-being of each individual. In Yugoslav times, ideological coloration required equality in the ownership and allocation of an apartment; declaring it a personal investment and a social good, the state had the imperative to provide the individual with this good or to create suitable conditions, adapted to the existing standard, to obtain it himself without much inconvenience. Self-management and associated labor introduce mitigating circumstances for the acquisition of housing rights, but also a series of irregularities and inconsistencies in its resolution.
Housing as a Basic Need for Human
2018
PURPOSE: The purpose of this research paper is to examine analyzing and outlining the growth of the housing industry and its rights. The main purpose is to eliminate the problem related to the relevancy and application of housing complexities and its systems across the world. DESIGN OR METHODOLOGY: This paper is set out according to the principle instruments and the rights of development of housing regional and other related bodies. The analysis of the housing system is basically organized on the basis of housing system of development and channels and networks of legal and lawful means of professional concerns and their domains. FINDINGS: All across the world the rights for housing is being considered as a lawful and constitutional concerned nationally and internationally. The findings also suggest the significance of housing rights and the conceptual frame work of human rights effect the implementation. Professional epistemic community development of the housing shape the policies ...
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...
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.