Effectiveness of the ICESCR Complaint Mechanism—An Analysis and Discussion of the Spanish Housing Rights Cases

2021 ◽  
pp. 17-47
Author(s):  
Fons Coomans ◽  
Miguel Ruiz Díaz-Reixa
Keyword(s):  
Housing Rights

Can housing rights be applied to modern housing systems?

2010 ◽  
Vol 2 (2) ◽  
pp. 103-117 ◽  
Author(s):  
Padraic Kenna
Keyword(s):  
International Law ◽  
Case Law ◽  
Epistemic Communities ◽  
Policy Makers ◽  
Content Type ◽  
Housing Systems ◽  
Effective Implementation ◽  
Housing Rights ◽  
The World ◽  
Effective Translation

PurposeThe purpose of this paper is to outline and examine the growing corpus of housing rights and assess their relevance and applicability to complex contemporary housing systems across the world.Design/methodology/approachThe paper sets out the principal instruments and commentaries on housing rights developed by the United Nations, regional and other bodies. It assesses their relevance in the context of contemporary analysis of housing systems, organized and directed by networks of legal and other professionals within particular domains.FindingsHousing rights instruments are accepted by all States across the world at the level of international law, national constitutions and laws. The findings suggest that there are significant gaps in the international law conception and framework of housing rights, and indeed, human rights generally, which create major obstacles for the effective implementation of these rights. There is a preoccupation with one element of housing systems, that of subsidized or social housing. However, effective housing rights implementation requires application at meso‐, micro‐ and macro‐levels of modern, dynamic housing systems as a whole. Epistemic communities of professionals develop and shape housing law and policy within these domains. The housing rights paradigm must be further fashioned for effective translation into contemporary housing systems.Research limitations/implicationsThe development of housing rights precedents, both within international and national law, is leading to a wide and diffuse corpus of legislation and case law. More research is needed on specific examples of effective coupling between housing rights and elements of housing systems.Originality/valueThis paper offers housing policy makers and lawyers an avenue into the extensive jurisprudence and writings on housing rights, which will inevitably become part of the lexicon of housing law across the world. It also highlights the limitations of housing rights implementation, but offers some new perspectives on more effective application of these rights.

COUNTRY DIFFERENCES IN HOUSING RIGHTS: A COMPARATIVE ANALYSIS

2021 ◽  
Author(s):  
Тамерлан Шайх-Магомедович Едреев
Keyword(s):  
South Africa ◽  
Comparative Analysis ◽  
The Netherlands ◽  
Human Right ◽  
Housing Rights ◽  
Country Differences ◽  
The Right

Каждый имеет право на жилище. Никто не может быть произвольно лишен жилища. В статье проанализированы особенности реализации универсального права человека на жилище в отдельных странах (на примере Нидерландов и ЮАР), принадлежащих к разным правовым семьям. Everyone has the right to housing. No one can be arbitrarily deprived of their home. The article analyzes the features of the implementation of the universal human right to housing in individual countries (on the example of the Netherlands and South Africa) belonging to different legal families.

SOCIAL HUMAN RIGHTS: GENERAL THEORETICAL CHARACTERISTIC

2017 ◽  
Author(s):  
Lyudmyla Bogachova ◽  
◽  
Tetiana Herhulenko ◽  
Keyword(s):  
Human Rights ◽  
Negative Impact ◽  
Deep Understanding ◽  
Social Rights ◽  
Historical Aspect ◽  
Social Sphere ◽  
The Social ◽  
Housing Rights ◽  
Social Code ◽  
The Welfare State

In the article, within the framework of the general exploration of human rights was made an attempt to substantiate the importance of social rights as a separate category of rights that belongs to the «second generation» of human rights and needs analysis within the state and legal reality. Attention was paid to the historical aspect of the development of social rights. The events, that inevitably influenced the emergence, development and ideological justification of the need for recognition of social rights are analyzed, the causal links involved in their formation are also indicated. In publication the connection of social rights with the concept of the welfare state is revealed, the main purpose of this state is to promote the realization of these rights. The fundamental features of this form of organization of government and society make it possible to evaluate the great dependence of the realization of social rights on socially oriented policy and economy of the country. For a deep understanding of the essence and ideas embedded in the content of social rights, the features and characteristics of this category of rights are studied. Attention is also paid to the different approaches to the concept of social rights expressed by researchers in this issue. The sources in which social human rights are legally fixed are considered (the Universal Declaration of Human Rights, the European Social Charter, the Constitution of Ukraine, the German Social Code). Also there is a comparative analysis of the enshrinement of these rights in courses mentioned above. Particular attention is paid to the characteristics of social rights listed in the German Social Code, as well as to the content of the agreement between Ukraine and Germany about cooperation in the social sphere. Great attention in the publication is paid to the studying of events in Ukraine that hinder the realization of social rights. The coronavirus pandemic and military events in the East of the country have negative impact on the implementation of social rights. The statistical data confirming the violation of the housing rights and medical care at present are given. Conclusion is formulated about the need of analyzing social rights as a specialized group of human rights, which have passed a significant historical path of formation and have unique characteristics and features.

Australian Residential Tenancies Law in the COVID-19 Pandemic: Considerations of Housing and Property Rights

2021 ◽  
Vol 44 (1) ◽  
Author(s):  
Chris Martin
Keyword(s):  
Property Rights ◽  
Consumer Protection ◽  
Rental Housing ◽  
Housing Rights ◽  
Additional Protection ◽  
Legislative Framework ◽  
Emergency Measures

In response to the COVID-19 pandemic, Australian states and territories implemented eviction moratoriums and measures to vary rent obligations – a remarkable response for jurisdictions that have, for decades, regulated residential landlord-tenant relations on a model of mild consumer protection, market rents and ready termination. This article examines the COVID-19 emergency measures and their implications for tenants’ housing rights, and landlords’ property rights. After reviewing the Australian rental housing system’s structure and legislative framework, the article examines in detail the COVID-19 emergency measures regarding evictions and rents in each state and territory. These vary in form and content, mostly on a pattern of additional protection from eviction for a core ‘hardship’ group, and variation of rents by individual negotiation. The article considers problems in the emergency measures, and points on which enduring reforms may be built, as well as critically appraising the argument that property rights protections limit the scope for reform.

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