Date of the decision: The Collective complaint was registered on 18 September 2023
Jurisdiction: Council of Europe – European Commitee of Social Rights
Country: France
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European Roma Rights Centre (ERRC) v. France. Collective Complaint No. 230/2023
Publication of the 8th Overview of Housing Exclusion in Europe 2023
Fondation Abbé Pierre and FEANTSA published their 8th annual Overview of Housing Exclusion in Europe. This report reveals new estimates of the number of homeless people in Europe and draw a specific focus to the issue of unfit housing.
The spectre of inflation
The war in the Ukraine has both highlighted and added to Europe’s ongoing housing emergency. This crisis is hitting the poorest households hardest, severely affected by soaring prices, as well as homelessness services, which have seen an increase in the number of their clients.
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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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The Human Right to Adequate Housing in Law 12/ 2023, of May 24, for the Right to Housing in Spain
The human right to adequate housing in Law 12/2023, of May 24, for the right to housing in Spain.
Comparison between the text finally approved and the recommendations made by the United Nations.[1]
María José Aldanas, coordinator of Housing Rights Watch
Sonia Olea, human rights officer at Caritas Spain.
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The European and International Contribution to the Right to Housing: Standards, Litigation and Advocacy
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European Disability Forum (EDF) and Inclusion Europe v. France. (Complaint No. 168/2018)
The complaint presented by the European Disability Forum (EDF) and Inclusion Europe was registered on 14 May 2018.
The complainant organisations allege that France has failed to implement the necessary measures to guarantee in practice:
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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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State of Housing Rights
The Right to housing is enshrined in the Constitution (Art. 21§4) which states that “the acquisition of a home by the homeless or those inadequately sheltered shall constitute an object of special State care”.
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The European Committee of Social Rights publishes its Findings 2022
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United Kingdom homelessness and housing in the UN CESCR
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