The Emergence and Protection of the Right to Housing in France

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[...] Thus, for example, Article 11 of the International Covenant on Economic, Social and Cultural Rights provides thatThe States parties to the present Covenant recognizing the right of every person to a sufficient level of living for herself and her family, including food, clothing and a sufficient housing» (Document No. 2). In France, several texts consecrate the rights of solidarity recognized by international texts. Thus, the paragraph 10 of the Preamble to the Constitution of 1946 provides that The nation ensures to the individual and the family the necessary conditions for their development» (Document No. 1). [...]

[...] Thus, the Court of Cassation holds that it is essential to verify the reality of the notice to avoid depriving the tenant abusively of their housing.Document No. Documents Constitutional Council January 1995, Law on the Diversity of Housing Art of the International Covenant on Economic, Social and Cultural Rights of 16 December 1966 Article 1 of the Law of 6 July 1989 on the Relations between Landlords and Tenants Cass. com January 2005, n°03-10068, Bull. IV n°16 Cass. [...]

[...] Finally, it can be observed that the rights of solidarity cover several situations where the family, in the broad sense, occupies a central place. The limited effect of this consecration If numerous texts consecrate solidarity rights, it is necessary to specify that they have a limited practical effect for citizens. Thus, in a decision of 25 January 2005, the Court of Cassation was faced with the application of Article 11 of the International Covenant on Economic, Social and Cultural Rights of 16 December 1966.Document No. [...]

[...] Finally, the protection of the right to housing also concerns the tenant of a dwelling when the owner wishes to repossess the property. In this case, when the landlord gives notice to his tenant, it must be justified either by his decision to repossess or to sell the dwelling, or by a legitimate and serious reason.Document No. However, in its Meza Teni v Roken decision of 2 October 2003, the Court of Cassation censured the reasoning of an Appellate Court according to which the validity of the notice was not subject to the justification of a need for rehousing of the beneficiary, in this case, the owner.Document No. [...]

[...] In fact, a procedure for the allocation of a dwelling is recognized by the provisions of the building and housing code.Document n°7) Thus, when a person has been recognized as a priority and must be re-housed urgently by a mediation commission, it is the competent prefect who must provide this priority person with a dwelling within a specified deadline.Document n°7) In the face of the emergence of this right, means exist to effectively protect this right to housing. The protection of the right to housing The protection of the right to housing is important to ensure its full effectiveness. Thus, to return to the allocation procedure described earlier, it is subject to protection to ensure its concrete application. For example, the Council of State, in its decision of 13 July 2016, condemned the State to indemnify the applicants on the grounds of a lack on its part to ensure their rehousing.Document No. [...]