There is no right to housing in the Lithuanian Constitution. But there are some related provisions stating that property and people’s dwelling place shall be inviolable and rights of ownership shall be protected by law (art. 23 and 24).
In terms of the European Council of Human Rights, Lithuania ratified the Revised European Social Charter on 29/06/2001. It has accepted 86 of the 98 paragraphs of the Revised Charter, including the Articles 31.1 and 31.2 on the right to housing. Lithuania has not yet signed or ratified the Additional Protocol providing for a system of collective complaints.
More Information:
The right to housing of an adequate standard is regulated through the Law on State Support to Acquire or Rent a Housing and Modernizing Blocks of Flats (Law No. I-2455 of April 1992). The Law of the Republic of Lithuania on Income Tax of Individuals (Gazette, 2002 No. 73-3085) provides for tax relief for some categories of recipients of housing loans. As of 1 January 2003, following the enactment of the Law Amending the Housing Law (amendment of the law No IX-1188 of 12 November 2002), amending the Law on State Support to Acquire or Rent a Housing and Modernization of Blocks of Flats, municipalities have to hold waiting lists for individuals (families) entitles to social housing for the people who cannot acquire a dwelling in the market. Moreover, if a person is not satisfied with the relevant authorities’ decision concerning a state subsidy for housing loan or social housing, there is possibility to complain under administrative procedure and to the court. While this procedure is rather effective, it only applies to certain decisions of authorities and does not cover all aspects of the right to housing.
In the case of evictions, according to the Civil Code of the Republic of Lithuania (18 July 2000 No VIII-1864, Vilnius), people who are being evicted are protected under some particular conditions. For example, natural persons shall be evicted with the sanction of the public prosecutor and be provided with another adequately equipped dwelling fit for habitation, in case of dwelling premises owned by state, municipalities or legal persons being brought into a condition of dilapidation or rendered unfit for habitation due to natural disasters, fire or technical wear and tear. This also applies in cases where the dwelling is subject to demolition; the dwelling is not retained after capital repair, reconstruction or change of planning of the premises; and the dwelling premises are transformed for other designation.
Additional Documents:
- National report on Art. 31 (page 33 to 35)
- Conclusion from the Committee on Social Rights (page 31 to 35)
