Too many rights: too many people without rights—two opposite case studies of claiming spaces and rights in Turin and Geneva

Introduction The multiple forms of living in the contemporary city clearly demonstrate how the relationship between living space and rights reveals itself in many ways, even to the point of being divergent and contradictory. Case description In order to analyze this point, we decided to observe two case studies that are emblematic for the divergence of issues that they are able to highlight. The neighbourhood of Les Grottes in Geneva can be described as a ‘manifesto of living’ based on sharing, solidarity, and freedom. On the other hand, the former Olympic Village in Turin expresses the “individual need to exist” of a population (of political refugees and migrants) not legitimatized to be in that place but one which, generally speaking, has nowhere to live. Discussion and evaluation These two situations are able to highlight how the right to housing today no longer has a universal meaning as in the struggles of the last century (70 s) but explodes in very different meanings. Conclusions For this reason the aim of this paper is try to rethink the concept of housing rights in order to emphasize how this term is still able to tell a lot about the urban and social transformations in contemporary cities.

Moral Harm Compensation as a Remedy to Housing Rights

Introduction. The increased interest in modern Russian legal science towards the problems of moral harm compensation, while having been resulted from the widespread use of this category within legislation and court practice, determines the need for its conceptual research within housing law due to its special significance for being a judicial remedy to housing rights, which is important not only for legal science in general, but also for regulatory enforcement, as well as for further improvement of housing legislation. Insufficient regulatory regulation of compensation for moral harm taking into account the specifics of housing law and the lack of a deep scientific theory has caused law enforcement difficulties in implementing this method of protecting housing rights. Theoretical Basis. Methods. The purpose of this paper is a comprehensive study of conceptual and practical challenges towards moral harm compensation as a remedy to housing rights, the study is based on the analysis of its scope and justification of universality for the protection of housing rights diverse in legal nature. The methodological basis of the paper consists of both general scientific methods (dialectical method, induction, deduction, analogy, analysis, synthesis) and special methods of scientific research – system and complex methods of scientific knowledge. System method allowed to consider the scope of moral harm compensation, it has made possible to determine the internal links of this method of housing rights protection with other elements of housing law system (other methods of remedy, contractual and non-contractual obligations, rights in rem, etc.). Complex methods allowed to make a comprehensive assessment and identify features of the application of moral harm compensation as a remedy to housing rights in different areas of housing relations, and also to determine its interdisciplinary nature. Results. The result of the study reflects the conclusion that industry characteristics of housing rights, due to the specificity of the object of housing rights, distinguish in most cases the derived nature of demands on moral harm compensation from claims for property damage caused to residential premises, and determine the suitability of the application of moral harm compensation to protect the property rights of parties within housing relations only in cases provided for in a law. Moral harm is an independent consequence of violation of housing rights of citizens, that is why it can be compensated independently, regardless of the presence of property damage or along with property damage. Discussion and Conclusion. Court practice reveals a small number of independent claims for moral harm compensation when housing rights are violated. The complex nature of subjective housing rights has revealed a close connection of some property rights of subjects of housing relations with personal non-property rights and intangible benefits, and thus creates the basis for claims for moral harm compensation. Considering the fact that the concept of “housing rights” is a collective notion combining subjective rights various by legal nature (constitutional, civil, social security rights, etc.), the object of which is a dwelling premise, then at that point the possibility to apply for their protection a moral harm compensation proves the interbranch nature of moral harm compensation as a remedy and the universality of its application for the purpose to restore violated housing rights.

A continuing mandamus to enforce rights to adequate housing in the era of super typhoons

The era of super typhoons is here and is predicted to linger due to anthropogenic climate change. Disasters triggered by these typhoons have caused not only loss of lives, but also displacements of people who are left without houses, properties and livelihoods. Using the Philippine experience, this article examines the legal standard of right to adequate housing under the international human rights law and international climate change law, and the Philippines' commitments to these regimes. It argues that the Philippine government's post-typhoon responses are fragmented, reactive, and ephemeral, and that there are gaps in the current housing laws. It is then argued that these issues are incongruent with the minimum standards of adequate housing. To ensure that the housing rights of climate displaced persons are protected, the role of domestic courts in enforcing the government's adaptation commitments under the Paris Agreement using the writ of continuing mandamus is considered.

Bills, Rights and Housing Policy: The Evolution of Israel’s Seven-Decade Housing-Related Bills

How do bills contribute to the promotion of housing rights? Is there a relation between the content of proposed bills and a country’s dominant political economy? Are changes in the political-economic regime reflected in housing-related bills? What type of bill is most likely to be enacted: a provision or a protection? These are the challenge of this study. The analysis is based on the theoretical classic distinction between “provisions” (positive rights) and “protections” (negative rights) from the realm of human rights, producing an empirical cumulative-aggregative analysis, which examines the scope and content of housing-related bills in the Israeli parliament since its establishment in 1948, until today. The research findings are counterintuitive, challenging the understanding that welfare regimes encourage extensive provisions, as opposed to neoliberal regimes that promote extensive protections. Given the current global housing affordability crisis, the research findings are relevant to many countries, parliaments, and organizations that are currently seeking to promote various housing rights.

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

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.

Providing Housing for Orphancy Children: Key Challenges and Social Risks

Providing housing for orphans is one of the most pressing problems of modern Russian society. The purpose of the article is to analyze the key problems of providing housing for orphans and children left without parental care, to study the social consequences of violation of their housing rights. The analysis of statistical data illustrates a number of significant problems in the implementation of state policy aimed at ensuring the housing rights of orphans. The key one is the insufficient level of funding, which does not allow regional authorities to fulfill their obligations in a timely manner and in full. The following problems in the field of providing housing to orphans were highlighted: dysfunction of interagency interaction, legal gaps, lack of conditions for registering graduates of residential institutions at the place of residence, narrowing social support, medical care, existing practices of providing housing of unsatisfactory quality, in rural settlements with remote access, low level of infrastructure development, limited conditions for finding a job.