Towards a Charter of Housing Rights PDF Download

Author:
Publisher:
ISBN:
Category : Homelessness
Languages : en
Pages : 50

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Author: Nico Moons
Publisher: Routledge
ISBN: 1351605615
Category : Law
Languages : en
Pages : 248

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Book Description
From the very first negotiations of the International Covenant on Economic, Social and Cultural Rights half a century ago to the present day, socio-economic rights have often been regarded as less enforceable than civil and political rights. The right to adequate housing, even though protecting one of the most basic needs of human beings, has not escaped this classification. Despite its strong foundations in international, regional and domestic legislation, many people are still deprived of one or more of the different key elements that comprise adequate housing. How, then, can international human rights theory and case law be developed into effective vehicles at the domestic level? Rather than focusing merely on possibilities for individualized relief through the court system, The Right to Housing in Law and Society looks into more effective socio-economic rights realization by addressing both conceptual and practical stumbling blocks that hinder a more structural progress at the national level. The Flemish and Belgian housing legislation and policy are used to highlight the problems and illustrate the pathways here presented. While first and foremost legal in its approach, the book also offers a more sociological perspective on the functioning of the right to housing in practice. It shows the latest state of knowledge on the topic and will be of interest to researchers, academics, policymakers and students in the fields of international socio-economic rights law and human rights law more generally.

Author: Jessie Hohmann
Publisher: Bloomsbury Publishing
ISBN: 1782250980
Category : Law
Languages : en
Pages : 286

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Book Description
A human right to housing represents the law's most direct and overt protection of housing and home. Unlike other human rights, through which the home incidentally receives protection and attention, the right to housing raises housing itself to the position of primary importance. However, the meaning, content, scope and even existence of a right to housing raise vexed questions. Drawing on insights from disciplines including law, anthropology, political theory, philosophy and geography, this book is both a contribution to the state of knowledge on the right to housing, and an entry into the broader human rights debate. It addresses profound questions on the role of human rights in belonging and citizenship, the formation of identity, the perpetuation of forms of social organisation and, ultimately, of the relationship between the individual and the state. The book addresses the legal, theoretical and conceptual issues, providing a deep analysis of the right to housing within and beyond human rights law. Structured in three parts, the book outlines the right to housing in international law and in key national legal systems; examines the most important concepts of housing: space, privacy and identity and, finally, looks at the potential of the right to alleviate human misery, marginalisation and deprivation. The book represents a major contribution to the scholarship on an under-studied and ill-defined right. In terms of content, it provides a much needed exploration of the right to housing. In approach it offers a new framework for argument within which the right to housing, as well as other under-theorised and contested rights, can be reconsidered, reconnecting human rights with the social conditions of their violation, and hence with the reasons for their existence. Shortlisted for The Peter Birks Prize for Outstanding Legal Scholarship 2013.

Author: Scott Leckie
Publisher:
ISBN:
Category : Housing
Languages : en
Pages : 132

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Author: Padraic Kenna
Publisher: Routledge
ISBN: 1317160835
Category : Law
Languages : en
Pages : 300

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The globalization of housing finance led to the global financial crisis, which has created new barriers to adequate and affordable housing. It presents major challenges for current housing law and policy, as well as for the development of housing rights. This book examines and discusses key contemporary housing issues in the context of today’s globalized housing systems. The book takes up the challenge of developing a new paradigm, working towards the possibility of an alternative future. Revolving around three constellations of writing by diverse contributors, each chapter sets out a clear and developed approach to contemporary housing issues. The first major theme considers the crisis in mortgage market regulation, the development of mortgage securitization and comparisons between Spain and Ireland, two countries at the epicentre of the global housing market crisis. The second thematic consideration focuses on housing rights within the European human rights architecture, within national constitutions, and those arising from new international instruments, with their particular relevance for persons with disabilities and developing economies. The third theme incorporates an examination of responses to the decline and regeneration of inner cities, legal issues around squatting in developed economies, and changes in tenure patterns away from home-ownership. This topical book will be valuable to those who are interested in law, housing rights and human rights, policy-making and globalization.

Author: Scott Leckie
Publisher: BRILL
ISBN: 9004482121
Category : Law
Languages : en
Pages : 339

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Book Description
More than one billion people around the world do not have adequate housing. How far does human rights law help to remedy this problem? What measures must governments take to protect people against housing rights violations? What are the strengths and weaknesses of human rights law in the housing area? Is the current law enough, or are new laws necessary? These and many other questions are addressed in the various chapters contained in National Perspectives on Housing Rights. While most coverage of economic, social and cultural rights has tended to focus on international standards and principles, this book examines the more challenging question of how housing rights are implemented at the national and local level. Chapters from recognised housing rights practitioners from Brazil, Canada, India, Kenya, Mexico, Nigeria, Philppines, South Africa, the US and elsewhere provide some of the first national-level legal analyses of the implementation of housing rights standards recognised under international law. A foreword by Nelson Mandela and a preface by international legal scholar Professor Philip Alston provide interesting perspectives on the fundamental role of housing rights within the broader human rights field.

Author:
Publisher: UN-HABITAT
ISBN: 9789211316643
Category : Housing
Languages : en
Pages : 146

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Author: Scott Leckie
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 124

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This report seeks to provide an introductory and accessible framework for non-lawyers to use in understanding and grasping the issues associated with housing rights as currently found under the international human rights law. It examines the role, status and mechanics of the law.

Author: Jacobien W. Rutgers
Publisher:
ISBN:
Category :
Languages : en
Pages : 10

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The Court of Justice of the European Union held in Kušionová (C-34/13, ECLI:EU:C:2014:2189) that ' the right to accommodation is a fundamental right guaranteed under Article 7 of the Charter that the referring court must take into consideration when implementing UTCD.'This is not the first CJEU decision on unfair terms and housing. The CJEU has adopted an active role in policing unfair terms to prevent that people are evicted from their homes in the financial crisis. In this paper I discuss the implications if a court must consider Article 7 of the Charter if it interprets the unfair terms directive in the case of housing. My conclusion is that the CJEU's consideration that a national court must consider Article 7 of the CFR, has less impact than it promises at first sight. It is most likely to have an effect on the transparency test. From a number of CJEU decisions it follows that the average consumer who is reasonably well informed and reasonably observant and circumspect must be able to foresee the economic consequences of a given contract term at the time of the contract's conclusion. Taking into account the Article 8 ECHR-case-law, it raises the question whether this is the proper yardstick in housing cases. Arguable a more vulnerable consumer should be the yardstick.

Author: Vincent J. Reina
Publisher: University of Pennsylvania Press
ISBN: 081229744X
Category : Social Science
Languages : en
Pages : 217

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Title VIII of the Civil Rights Act of 1968, known as the Fair Housing Act, prohibited discrimination in the sale, rent, and financing of housing based on race, religion, and national origin. However, manifold historical and contemporary forces, driven by both governmental and private actors, have segregated these protected classes by denying them access to homeownership or housing options in high-performing neighborhoods. Perspectives on Fair Housing argues that meaningful government intervention continues to be required in order to achieve a housing market in which a person's background does not arbitrarily restrict access. The essays in this volume address how residential segregation did not emerge naturally from minority preference but rather how it was forced through legal, economic, social, and even violent measures. Contributors examine racial land use and zoning practices in the early 1900s in cities like Atlanta, Richmond, and Baltimore; the exclusionary effects of single-family zoning and its entanglement with racially motivated barriers to obtaining credit; and the continuing impact of mid-century "redlining" policies and practices on public and private investment levels in neighborhoods across American cities today. Perspectives on Fair Housing demonstrates that discrimination in the housing market results in unequal minority households that, in aggregate, diminish economic prosperity across the country. Amended several times to expand the protected classes to include gender, families with children, and people with disabilities, the FHA's power relies entirely on its consistent enforcement and on programs that further its goals. Perspectives on Fair Housing provides historical, sociological, economic, and legal perspectives on the critical and continuing problem of housing discrimination and offers a review of the tools that, if appropriately supported, can promote racial and economic equity in America. Contributors: Francesca Russello Ammon, Raphael Bostic, Devin Michelle Bunten, Camille Zubrinsky Charles, Nestor M. Davidson, Amy Hillier, Marc H. Morial, Eduardo M. Peñalver, Wendell E. Pritchett, Rand Quinn, Vincent J. Reina, Akira Drake Rodriguez, Justin P. Steil, Susan M. Wachter.