Mean Streets: Penalisation of Homelessness in Access to Social Housing and Shelters

CO-WRITTEN BY

• Dr Padraic Kenna, National University of Ireland, Galway
• Marc Uhry, Fondation Abbé Pierre Rhone-Alpes, Lyon, France
• Jamie Burton, Doughty Street Chambers, London, UK
• Samara Jones, FEANTSA, Brussels, Belgium
• Guillem Fernàndez Evangelista, Autonomous University of Barcelona (IGOP), Catalonia, Spain

Mean Streets: Chapter 1

Applying a Human Rights – Based Approach to Homelessness – from Theory to Practice

TABLE OF CONTENTS:

The right to housing is guaranteed in both the Swedish Constitution and by law. The Constitution ensures that it shall be incumbent upon the public administration to secure, inter alia, the right to housing.

Sweden ratified the Revised European Social Charter on 29/05/1998, accepting 83 of the Revised Charter’s 98 paragraphs, including the Article 31 on the right to housing. It ratified the Additional Protocol providing for a system of collective complaints on 29/05/1998. It has not yet made a declaration enabling national NGOs to submit complaints. 

The Right to housing is not guaranteed by the Constitution. Only provisions guaranteeing protection of privacy and home are included. The main state instrument for support of housing is the State Fund for Promoting Housing. This instrument provides low interest loans to private applicants for purchasing of a flat/house or for specified re-adjustment of existing housing units.

The Right to housing is not guaranteed in the Constitution. However, several housing aspects are regulated by legislation. The general legal framework for housing in Romania is the housing law, Law 114/1996 with subsequent amendments. This Housing Act is the primary legislation applying to private housing stock not owned by landlords who were direct beneficiaries of the post-communist privatization (those landlords inherited the previous tenants, who were given security of tenure). The Housing Act is supplemented by Emergency Ordinance 40/1999, which concerns protection of tenants.

The Right to housing is recognised by the Polish Constitution. Article 75 obligates the pubic authorities to pursue policies conducive to satisfying the housing needs of citizens, in particular combating homelessness, promoting the development of low-income housing and supporting social housing and the citizens’ efforts to obtain accommodation.

Poland has signed, but not yet ratified the Revised European Social Charter on 25/10/2005. It has neither signed nor ratified the Additional Protocol providing for a system of collective complaints.

The Right to housing is guaranteed by the Dutch Constitution. According to Art. 22§2, it shall be the concern of the authorities to provide sufficient living accommodation. Some aspects of the right to housing are also legally regulated.