Right to Housing: Constitutional Value and Implementation

Extract

[...] This right thus acquires a recognition of an objective of constitutional value related to the possibility for any person to have a decent housing. In this, the notion feeds on the imperative of respect for human dignity. According to the Council "the possibility for any person to have a decent housing is an objective of constitutional value "".20 It is essential here to well understand the notion of a right to an objective of constitutional value, as consecrated by the Constitutional Council. [...]

[...] France of April the ECHR considers that by abstaining, for several years, from taking the necessary measures to comply with a final and enforceable judicial decision on housing in the context of the DALO law, the national authorities deprived the provisions of Article paragraph of the European Convention for the Protection of Human Rights of any useful effect. This decision is in line with the position of the ECHR since the judgment Hornsby v. Greece of March the complete and perfect execution of enforceable judgments that must be guaranteed by the State. [...]

[...] Thus, many retired couples, whose resources are dwindling, must seek recourse to escape rents that have become too heavy and an F3-type housing that has become too large since the children left the family home. The HLM estate then turns into a barter and exchange market to escape too heavy rents, and charges and debts that accumulate. In addition, social landlords face difficulties in fulfilling their mission, particularly due to the mismatch between existing housing and the needs and capacities of people without housing, poorly housed or likely to be in a situation of poor housing in the near future. [...]

[...] The case of Member States of the European Union is particularly relevant in this regard, as they face similar problems to French social housing, namely the 'increasing concentration in European metropolises, the rise of homelessness and migratory flows, which are accompanied by a strong territorial disparity.'80 In a model not to follow, authors denounce the punitive approach adopted by states towards the homeless, citing the example of Hungary, which prohibits sleeping in public places and fines.81 The example of France shows the same approach with the installation of 'anti-homeless infrastructure', known as 'anti-SDF devices'.82 To put an end to this 'homeless hunt', various complementary strategies have been outlined, namely that states that are still reluctant to accept being bound by Article 31 of the revised European Social Charter, that states implement sustainable national strategies with the clear objective of eliminating homelessness, that they increase investments in social housing, and finally that they adopt urgent measures in collaboration with all stakeholders (social organizations, associations, etc.) to prevent and eradicate homelessness.83 In addition, the European Federation of Social Housing (Housing Europe) drew up in 2017 a state of play of the implementation of Member States' policies in this area, and provides the elements necessary to enable the dissemination of good practices in the development of affordable housing. The Housing Europe report outlines local initiatives as a solution, which can usefully supplement inadequate social housing policies. [...]

[...] This decision is striking in that the Court engages in abstract review, carefully removing any reference to the concrete situation of the occupant; generalizing with force the primacy of property law over the right to housing. Thus, a right to housing is seen to be opposable to the State, but remaining respectful of the property owner's right to the property. This approach makes it all the more imperative a policy of housing assistance coupled with a policy of financial assistance, this implementation having a significant impact on public finances. [...]