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State of Housing Rights

The Right to housing is not constitutionally guaranteed. However, it is established in legislation through the Austrian Social Aid Act (§20); which supports “homeless people and persons in extraordinary precarious situations” through the “provision of housing”. The provincial governments contract these services out to NGOs.  
 
Housing provision in Austria is saveguarded by the following elements: 
 
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New report on homelessness by the UN Special Rapporteur on the Right to Adequate Housing

In March 2016, for the 31st session of the Human Rights Council, the UN Special Rapporteur on the Right to Adequate Housing, Leilani Farha, will present her new report on homelessness and adequate housing as a component of the right to an adequate standard of living, and on the right to non-discrimination in this context. 

 

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Council of Europe Secretary General questions Hungary over human rights implications of migrants "state of emergency"

On September 15th 2015, one more step in the criminalisation of asylum seekers has been taken by the Hungarian government.

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To cc or not to cc – The effect of collective complaints in practice

On November 10, 2014 the Decisions on the Merits were published for two Collective Complaints against The Netherlands. The first complaint was submitted by FEANTSA and deals with access criteria and availability of shelter for homeless people in the Netherlands. The second complaint was submitted by the Conference of European Churches and deals with access to shelter and basic amenities (water, food, clothing) for undocumented migrants.

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C-3537/13 Mohamed RAJI and others against Spain [16.12.2014]

Decided on 16 December 2014

Relevant Articles:   Article 3 of the European Convention on Human Rights (against torture, and "inhuman or degrading treatment or punishment") and Article 8 of the Convention (right to respect for their family life and/or their home)

 

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No safe place -criminalisation of homlessness in the US

EXECUTIVE SUMMARY
Imagine a world where it is illegal to sit down. Could you survive if there were
no place you were allowed to fall asleep, to store your belongings, or to stand
still? For most of us, these scenarios seem unrealistic to the point of being
ludicrous. But, for homeless people across America, these circumstances
are an ordinary part of daily life.

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Housing Rights Watch Expert Workshop: Finding real solutions to the housing crisis - 2014 Madrid, Spain

 

On 13 June 2014, Housing Rights Watch, along with Fondation Abbe Pierre and FEANTSA organized an expert workshop to talk about housing solutions for homeless people in Europe.

 

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C-179/11 CIMADE, Support and Information Group for Migrants (GISTI) v Ministry of Home Affairs, Overseas Departments, Regional and Local Authorities and Migration [27.9.2012]

In this case, the Court considered that the minimum reception conditions of asylum-seekers, including housing, remain a duty for a Member State in receipt of an application for asylum, even where another Member State is finally to take charge of the applicant. This obligation only ceases "when that applicant has actually been transferred by the requesting Member State" and when the financial burden of granting minimum reception conditions is to be assumed by the requesting Member State (para. 58, 61).

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