Date: 1 August 2024
Jurisdiction: Irish High Court
Articles: Article 1 of the Charter of Fundamental Rights of the European Union and Directive 2013/33/EU (Reception Conditions Directive).
Subject:
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Irish High Court judgment [01.08.2024]
State of Housing Rights
The Right to housing is constitutionally guaranteed in Art. 23§3 which ensures that “everyone has the right to enjoy a life in conformity with human dignity”. The right to decent accommodation is understood as part of this right to dignity. Indeed, Art. 23§3 continues by stating that “towards this end, the law, the decree or rules established under Art. 134 guarantees, taking into account the corresponding obligations, economic, social, and cultural rights of which they determine the conditions for their implementation”.
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S.Y. v. The Minister for Children and Ors. [21/04/2023]
Date: 21/04/2023
Country: Ireland
Jurisdiction: National, Irish High Court
Subject:
The Irish High Court last week held that the State failed to provide material reception conditions such as shelter, food and hygiene facilities. The boy was under 18 years old when he came to Ireland but he had no documentation and was refused accommodation.
Background
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State of Housing Rights in Spain
The Right to housing is guaranteed in the Spanish constitution (1978). Article 47 provides that one of the “guiding principles of social and economic policy” is the right of Spanish citizens to decent and adequate housing. These "guiding principles” do not receive the strong jurisdictional protection enshrined in the Constitution for "fundamental rights".
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Decriminalization of homelessness and extreme poverty
UN experts, the Special Rapporteur on the right to adequate housing, Balakrishnan Rajagopal, and the Special Rapporteur on extreme poverty and human rights, Olivier de Schutter, have issued a Call for input on criminalisation of homelessness and extreme poverty.
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Legal Workshop on Fighting slum landlords in the EU
On June 4th HRW organised a legal workshop about combatting unfit housing and slum landlords in the EU. The workshop feeds into a study on this topic that will be published soon. Here you can access a summary of the study. Below you can find the video of the session and the presentation of the speakers.
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State of Housing Rights
In Italy there is no provision in the constitutional dictum that enshrines the right to housing as a social right expressly recognized. Constitutional jurisprudence began to outline the contours of this right in the early 1980s, but always placed it in a position serving for the affirmation of other rights related to it.
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State of Housing Rights
In Portugal, housing rights are guaranteed by both law and Constitution which states that “everyone shall have the right for himself and his family to a dwelling of adequate size satisfying standards of hygiene and comfort and preserving personal and family privacy” (Art. 65 Paragraph 1).
Paragraph 2 of the same Article continues: “In order to safeguard the right to housing it shall be the duty of the State to:
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State of Housing Rights
The unwritten constitution of the UK does not protect the right to housing. However, the UK enjoys enforceable entitlements that are relatively more robust than those in other countries. At the same time, underfunded local councils, rising wealth inequalities and significant cuts to the social security regime are contributing to an unprecedented housing crisis.
England
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Press Release: Civil society organisations regret Spain's response to UN ruling and recommendations for failing to provide adequate alternative housing to a family
Monitoring group of civil society organisations regret Spain’s response to UN views and recommendations on the failure to provide alternative housing to a family evicted from its home
FEANTSA together with several Spanish organisations denounce the inadequate and insufficient response of the Spanish government to the recommendations issued by the UN Committee of Economic, Social and Cultural Rights, which condemned Spain for violating the right to housing in the case of a family with young children (one and three-year-old).
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