The Legal Value of the Right to Housing in Domestic Law

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[...] It could, for example, be condemned if it restricts the right to housing through legislative measures. In fact, as demonstrated by the Commercial Chamber of the Court of Cassation's ruling of January and in accordance with Article 11 of the International Covenant on Economic, Social and Cultural Rights of December States that are parties to this covenant cannot oppose the improvement of the living conditions of any person subject to their legislation when they take legislative measures. However, this effect is somewhat attenuated by the impossibility for the applicants to invoke the provisions of this pact since they do not produce direct effect in the internal legal order. [...]

[...] In this case, a person was entitled to benefit from an emergency housing with her family. Based on the DALO law and more particularly on Article L441-2-3 of the Construction and Housing Code, the applicant wanted to engage the State's liability for lack of rehousing. This ruling illustrates the consequences of the enforceability of the right to housing. The State could be condemned when it has not fulfilled its positive obligations. The respect of this right, considered as an objective constitutional right, can be imposed by a judicial recourse (Document 7). [...]

[...] For the High Council, the right to housing constitutes a true corollary of the principle of safeguarding human dignity. (Document On the other hand, for the administrative jurisdiction, in a ruling dated 3 May 2002, the right to housing is not a fundamental freedom in the sense of the provisions of Article L 521-2 of the Code of Administrative Justice (Document B. The recognition of the right to housing in international law The right to housing has been affirmed by several texts of international law, and more particularly by Article 11 of the International Covenant on Economic, Social and Cultural Rights (ICESCR). [...]

[...] As article 1error As stated in the law of July the right to housing is a fundamental right. Two consequences must be drawn from this: all citizens must have the freedom to choose their mode of housing and to do so, the State has the obligation to maintain and develop a rental sector open to all social categories no text provided after "Document I'll wait for the actual text to translate. Please provide the text you'd like me to translate. [...]

[...] In the same way that the right to health, the right to education or the right to employment, the right to housing is an integral part of the rights of solidarity. In this regard, it is necessary to question the legal value of the right to housing and its effectiveness for French nationals. It appears that the right to housing is a fundamental right both on the internal and international levels, and its effectiveness is strengthened by its opposability to the French State and the possible legal remedies against this State (II). I. [...]