Right to habitability

Introduction

The universal right to decent and adequate housing, as one of the human rights, is included in the Universal Declaration of Human Rights in its article 25, section 1 and in article 11 of the International Covenant on Economic, Social and Cultural Rights (ICESCR):.

General aspects

Although it is not a mandatory or binding document for States, it served as the basis for the creation of the two international conventions of the UN, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, agreements that were adopted by the United Nations General Assembly in its resolution 2200 A (XXI), of December 16, 1966.

In accordance with paragraph 1 of article 11 of the International Covenant on Economic, Social and Cultural Rights, the United Nations Social Rights Committee[4] says that the States Parties "recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to an improvement and continuation of living conditions." Recognized in this way, the human right to adequate housing is of fundamental importance for the enjoyment of all economic, social and cultural rights.

In some States, the right to adequate housing is enshrined in the National Constitution; in others, however, it has gone further and specific laws have been made. In any case, it is important to verify the possibility that citizens can legally demand, before the relevant courts, compliance with these rights by the administrations. The Right to housing, when not specifically included, can be directly deduced from the fulfillment of human rights recognized in international treaties and therefore from decent living conditions.[5].

There are international research projects, such as TENLAW, for example, that offer the opportunity to conduct international research on the right to housing, as well as establish international research networks such as the European Network for Housing Research, which unites more than 500 researchers from 41 different countries, around the world.[6].

Third generation rights. Three generations of human rights

Right to habitability

Introduction

General aspects

Legislative framework

International treaties

The right to housing is included as one of the human rights in the Universal Declaration of Human Rights in its article 25, section 1 and in article 11 of the International Covenant on Economic, Social and Cultural Rights (ICESCR). It also appears in the European Convention on Human Rights, which expressly says: "no one may be subjected to torture or to inhuman or degrading treatment or punishment."[5][1].

Constitutions

There are numerous State Constitutions where the right to decent and adequate housing is expanded and detailed.

• - Argentina: The Constitution of the Argentine Nation in its articles 14 bis says that: The State will grant the benefits of social security, which will be comprehensive and inalienable. In particular, the law will establish: mandatory social insurance, which will be in charge of national or provincial entities with financial and economic autonomy, administered by the interested parties with the participation of the State, without there being any overlapping of contributions; mobile retirements and pensions; comprehensive protection of the family; the defense of family property; family economic compensation and access to decent housing..

In the Autonomous City of Buenos Aires, the largest urban center in the country, two main problems can be found that cause both qualitative and quantitative housing deficit. The qualitative housing deficit consists of the lack of certain services or the presence of recoverable infrastructure defects. On the other hand, the quantitative housing deficit consists of being homeless - not having a home - or having irrecoverable infrastructural defects.

The country's first structural problem regarding this topic is gentrification. This consists of the reform of certain areas, changing their structure, improving the quality of life of their inhabitants. Consequently, those who cannot advance with these changes must move to other, more economical areas. A clear example of this situation is that of Puerto Madero. This area is strategic, since it was located in the central area of the city and in front of the river and the Ecological Reserve. In this way, it is a convenient area for corporations to establish themselves and also attractive to live in due to its views. This is how the Puerto Madero Corporation carried out a project where it reformed and marketed those lands to corporate users and those with high purchasing power. Twenty years later, 2.3 million m2 were built and it has a stable population of 16 thousand people (Rodríguez G.M, 2021, p.74)[7]**.**.

The second problem present in the country is the lack of public budget destined to solve this problem. As the years go by, the government reduces the amount of budget that is granted to the Housing Institute in the City of Buenos Aires. At the same time, the qualitative and quantitative housing deficit is increasingly higher. Consequently, this problem can be attributed to this progressive abandonment by the State. For example, in 2017, the Housing Institute in CABA had been assigned 3.96% of the public budget, but by 2022 it represented 1.17% (Government of the City of Buenos Aires and General Directorate of Statistics and Censuses, 2021).[8] At the same time, by 2017 the number of people living on the street had been 5,872 people; On the other hand, in 2019 the number rose to 7,251 people. Thus, it can be seen that there is a relationship between the amount of public budget allocated to housing and the increase in people who do not have access to decent housing (Center for Legal and Social Studies, 2019).[9].

• - Ecuador: In this sense the Constitution of Ecuador[10] unites the concepts of housing and city. The consecration of the right to a decent city: collective construction and public policies. The right to a "living" and dignified city is recognized in Art. 31, which establishes that "people have the right to the full enjoyment of the city and its public spaces, under the principles of sustainability, social justice, respect for different urban cultures and balance between urban and rural."

• - Spain: Other examples such as the Spanish Constitution establishes in its article 47 the right to enjoy decent and adequate housing, with the public powers being responsible for promoting the necessary conditions and establishing the appropriate standards to make this right effective.[11] Likewise, the Statute of Autonomy for Andalusia recognizes in its article 25 “the obligation of the public powers to promote equal access to decent and adequate housing, establishing the necessary measures to such end. end.”[12] A 2014 report by the organization Human Rights Watch points out that the real estate bubble in Spain has caused a housing crisis and puts human rights at risk. The housing crisis began with the rise in housing prices in Spain during the bubble and has been accentuated by the Spanish economic crisis of 2008-2014, which has considerably increased unemployment in Spain and caused an increase in the number of evictions. According to Human Rights Watch, the Spanish government has not taken measures to mitigate the impact of the housing and debt crisis faced by the most vulnerable groups of citizens in Spain.[13][14].

• - Venezuela: Other examples such as the Constitution of the Bolivarian Republic of Venezuela establishes in its Article 82 Every person has the right to adequate, safe, comfortable, hygienic housing, with essential basic services that include a habitat that humanizes family, neighborhood and community relationships.

• - Mexico: The Political Constitution of the United Mexican States establishes in its article four the right to housing: Every family has the right to enjoy decent and decent housing. The Law will establish the necessary instruments and support in order to achieve this objective*.[15] The constitutional framework also establishes the conditions by which the state will guarantee this right through INFONAVIT.

Specific laws

Even in countries whose Constitution proclaims the right to housing of its citizens, this is usually a legally configured right. So, regardless of the direct effectiveness of the constitutional precept, for the right to be effective it usually requires a legislative development that determines its beneficiaries, its content and its guarantees.[16] The specific Laws on the Right to Housing are those that can guarantee its compliance and make it possible for people who meet the requirements established in the Law to demand that the Administrations create favorable conditions for the exercise of the right to decent and adequate housing. In other words, they may sue the Administrations when they do not comply with the objectives, contents, provisions so that people can demand compliance with the Law before the courts of their countries or cities.

This issue is fundamental in the exercise of this right, and allows the jurisdictional protection of the rights of people to whom it legitimately belongs. As an example, one can cite in France Loi n° 2007-290 du 5 mars 2007 instituant le droit au logement opposable et portant diverses mesures en favor de la cohésion sociale, better known as Loi DALO. In Spain, the Law regulating the Right to Housing in Andalusia explicitly details that ... citizens may demand that Public Administrations comply with the obligations derived from the right to decent and adequate housing.... For this reason, the approval by States of specific laws that determine the right to housing is the best way to comply with all existing international treaties worldwide.

Decent and adequate housing

Contenido

El Comité de Derechos Urbanos de Naciones Unidas en su Observación General n.º 4, define y aclara el concepto del derecho a una vivienda digna y adecuada, ya que el derecho a una vivienda no se debe interpretar en un sentido restrictivo simplemente de cobijo sino, que debe considerarse más bien como el derecho a vivir en seguridad, paz y dignidad.[17].

UN - Conditions for decent and adequate housing

The UN considers that the conditions that decent and adequate housing must have are:[18][19].

• - 1.- Security of tenure: housing is not adequate if its occupants do not have a certain measure of security of tenure that guarantees legal protection against eviction, forced eviction, harassment and other threats.

• - 2.- Availability of services, materials, facilities and infrastructure: housing is not suitable if its occupants do not have drinking water, adequate sanitary facilities, energy for cooking, heating and lighting, and food preservation or waste disposal.

• - 3.- Affordability of housing (both for rent and purchase): housing is not appropriate if its cost endangers or hinders the enjoyment of other human rights by its occupants. The cost should not exceed 30% of the income.

• - 4.- Habitability: housing is not adequate if it does not guarantee physical safety or does not provide sufficient space, as well as protection against cold, humidity, heat, rain, wind or other health risks and structural hazards.

• - 5.- Accessibility: housing is not adequate if the specific needs of disadvantaged and marginalized groups are not taken into consideration.

• - 6.- Location: housing is not suitable if it does not offer access to employment opportunities, health services, schools, daycare centers and other social services and facilities, or if it is located in contaminated or dangerous areas.

• - 7.- Cultural adequacy: housing is not appropriate if it does not take into account and respect the expression of cultural identity.

• - UN (1948) “Universal Declaration of Human Rights”.

• - United Nations Social Rights Committee. (1991) “General observation No. 4”.

• - United Nations Social Rights Committee. (1997) “General observation No. 7”.

• - European Parliament. (2000) "Charter of Nice. Charter of Fundamental Rights of the EU. Charter of Nice." Nice. Artº 43.3.

• - European Conference of Cities for Human Rights (2000) “European Charter to Safeguard Human Rights in the City”. Saint Denis. Artº 16.

• - Informal Meeting of EU Ministers on Urban Development and Territorial Cohesion. (2007). “Leipzig Charter on Sustainable European Cities”. Leipzig.

• - Spanish Parliament. (1978). “Spanish Constitution”. Artº 47.

• - Constitution of the Argentine Nation of 1994. Artº 14 bis.

• - Parliament of Andalusia. (2007) “Autonomy Statute of Andalusia” Artº 25.

• - Law regulating the Right to Housing in Andalusia.

• - Universal Declaration of Human Rights (UN).

• - The Universal Declaration of Human Rights in different languages.

• - Normative and concordance table of the Universal Declaration of Human Rights. Human Rights Action Foundation.

• - Emerging Human Rights (IDHC).

• - United Nations: what are human rights?

• - Dictionary of Humanitarian Action and Development Cooperation: Universal Declaration of Human Rights.