Search

Copyright of Arab Journal for Scientific Publishing is the property of Research & Development of Human Recourses Center (REMAH) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

In Canada, emerging discussions about colonialism and ongoing retrenchment from the welfare state, including social housing, accentuate the urgency of addressing housing need in ways that uphold both human and Indigenous rights. Through questionnaires and interviews with 28 non-profit housing providers in British Columbia, Manitoba, and New Brunswick, this paper examines the intersection of human and Indigenous rights with the provision of low-rent non-market housing. It identifies barriers and strategies to advancing the right to housing in Canada's settler-colonial capitalist context and, in doing so, articulates possibilities for new policies upholding housing as a human and Indigenous right. [ABSTRACT FROM AUTHOR]

The supposedly exclusive powers of the Spanish autonomous communities on housing are strongly conditioned by the concurrent powers of the State. The interpretation of these powers made by the Spanish Constitutional Court has prioritised the objective consideration of housing as a principle over the subjective consideration of housing as a right and its economic dimension over the social one. This paper highlights some paradoxes and perplexities caused by this approach, as well as the opportunity provided by the Right to Housing Act to solve them.

The right to housing is a fundamental human right, but the paucity of context-specific legislation and policies on the right to housing makes housing inaccessible to a significant number of people residing in African cities. This review article explores the challenges of inclusivity and equity in the provision of housing within the framework of the pan-African city to provide legal frameworks for policymakers, urban planners, and stakeholders committed to realising the right to housing and the vision of the pan-African city. Specifically, it focuses on four diverse African nations – South Africa, Uganda, Tanzania, and Nigeria – for insights into the multifaceted nature of housing rights. The article begins with a review of the key concepts (housing, pan-African city, equity, inclusivity, policy planning), followed by a review of the challenges of inclusivity and equity in each of the selected countries within the context of the right to housing and the pan-African city. The article then reviews the selected countries’ efforts to address the challenges within the framework of relevant international human rights instruments and the various countries’ constitutional, legislative, and policy frameworks. It is concluded that the right to housing in the pan-African city remains an ambitious goal, with numerous challenges in achieving inclusivity and equity. It is recommended that African countries pay more attention to the right to housing within the pan-African city, emphasising the need for collaborative efforts to ensure access to safe, adequate, and affordable housing. This can be done through information and knowledge sharing, joint infrastructure development, cross-border collaborations, technology transfer, and regional financing mechanisms, among others.

This article sheds light on three questions: (1) must we apply proportionality review in cases involving economic and social rights recognized under Article 21 of the Constitution of India 1950? (2) If so, how do we apply proportionality review in these cases? And (3) how will this impact the content of these rights and the corresponding obligations placed on the state? The article focuses on the right to housing in India. It argues that courts must apply the proportionality standard of review to check limitations on the right to housing. Applying this standard of review will change the all-things-considered content of the right to housing as beyond conditional, requiring provision of alternate accommodation in all eviction cases that result in homelessness. This article fills a gap in legal doctrine and research with regards to the possibilities for economic and social rights jurisprudence in the age of proportionality. [ABSTRACT FROM AUTHOR]

Unlike some similarly situated nations, the United States does not recognize the right to shelter. As a result, the country’s homelessness epidemic is exacerbated by anti-homelessness laws that punish homeless people for peddling, dumpster-diving, or sleeping in public encampments. Largely supported by the government, non-profit charities receive funding in order to deliver sheltering services into communities; however, shelters often have restrictions on who they allow to access their services. The U.S. Supreme Court has not held that there is no right to shelter, but federal and state courts have used Supreme Court precedent to carve out an understanding that no such right exists. The U.S. Constitution provides a limited number of enumerated rights, but the Supreme Court has utilized the substantive due process doctrine to find constitutional rights that are not explicit in the text of the Constitution. In 2022, the Court demonstrated a shift in their approach to substantive due process analyses by abandoning their practice of engaging in a balancing test to determine to what extent governments could restrict people’s liberty. Instead, the Court reasoned that for an unenumerated right to be constitutionally recognized, it must be deeply rooted in the nation’s history or essential to ordered liberty. With a change in approach, the right to shelter must be reconsidered. The philosophies of the American Founders acknowledge the importance of assisting the poorest sects of society not only because it fulfills the government’s duty to seek justice, but because it is critical for the legitimacy of a nation. From the Colonial era until the turn of the twentieth century, state and local governments provided sheltering services to their communities’ poorest. These services first came in the form of poorhouses and then via state-run institutions that provided care for people with the highest risk of homelessness, such as abandoned children and people with mental or physical impediments. Throughout the twenty-first century, the federal government stepped into the arena and began providing relief by funding programs that prevent homelessness and by providing grants and contracts to non-profit charities that deliver sheltering services directly to communities. Given the extensive history of government-backed sheltering services, the importance of shelter to the integrity of American justice, and the philosophies of the American Founders, this Article shows that a modern analysis supports the right to shelter despite prior judicial holdings to the contrary. [ABSTRACT FROM AUTHOR]

The supposedly exclusive powers of the Spanish autonomous communities on housing are strongly conditioned by the concurrent powers of the State. The interpretation of these powers made by the Spanish Constitutional Court has prioritised the objective consideration of housing as a principle over the subjective consideration of housing as a right and its economic dimension over the social one. This paper highlights some paradoxes and perplexities caused by this approach, as well as the opportunity provided by the Right to Housing Act to solve them. [ABSTRACT FROM AUTHOR]

The Covid-19 pandemic has brought under the spotlight home's severe inadequacies, which take a particular intensity in the various unregulated, insecure rental housing markets across the globe. It is now timely to deliberate what it takes for a rented property to be made home, and in that debate tenants' voices should be heard. Taking the UK as a case-study and drawing on data collected through an online qualitative questionnaire, the paper focuses on a group of tenants theorised as 'everyday activists' to address the empirical question of what they demand from the government for the sector to improve. Considering participants' legitimising narratives and assertions for self-representation in policy construction, the paper then proposes a reading of the demands made through the 'Right to Home', a concept carefully grounded in Henri Lefebvre's Right to the City. The Right to Home calls for home-ing and democratising current de-radicalised understandings of the right to housing in order to craft more transformative futures. [ABSTRACT FROM AUTHOR]

There is an emergent field of writings on financialized landlords' undertaking of apartment renovations as an investment strategy and its effect on housing inequalities. Seldom do these studies contextualize these tendencies within countries' specific housing policy traditions. Therefore, through a qualitative case study in a neighbourhood in Sweden, this paper aims to uncover how private landlords undertake renovations as an investment strategy and its effect on tenants and, in turn, on the hybrid character of a universal housing system. It finds that renovations enable landlords to extract value from the built environment while tenants experience rising rents, a lack of information, poor property maintenance, and apprehension. Hence, I argue that renovations represent an investment strategy that serves to undermine the traditional social right to housing within a universal housing policy context. The paper thus furthers knowledge on how the situatedness of financialization tendencies entails their translation through and transformation of housing systems. [ABSTRACT FROM AUTHOR]

Despite a rhetorical turn towards prevention in homelessness policy and research, the work of youth homelessness prevention continues to be frustrated by persistent structural barriers. In this article, we examine how youth homelessness prevention is being implemented in the province of Ontario, with a focus on targeted provincial support programs and local shelter diversion practices. Drawing on interviews with workers in the homeless-serving sector, we describe the implementation of these initiatives and identify points of frustration and potential that workers encounter as they try to prevent experiences of homelessness for youth. We contend that these points of frustration illuminate persistent structural barriers that continue to forestall the work of youth homelessness prevention. Meanwhile, points of potential demonstrate the importance of empowering workers to creatively adapt and offer responsive services. Taken together, these signal the critical importance of two aspects of contemporary homelessness prevention typologies—primordial prevention and empowerment. We end by offering aspirations for action, a political reframing of the policy recommendations sections more typical of social science research articles. We do so to affirm our commitment to advancing the work of structural transformation that is required to achieve the right to housing for all, including youth. [ABSTRACT FROM AUTHOR]

In response to an everlasting housing crisis, cities worldwide have witnessed a surge in alternative housing initiatives (AHIs) driven by third‐sector organisations. In Brussels, a network of third‐sector organisations has been developing strategies with each other and local authorities, resulting in a plethora of initiatives focusing on various critical situations. Drawing on ethnographic research in a Brussels AHI, this article investigates how its complex multi‐actor structure affects the daily life of its inhabitants both within their dwellings and the wider neighbourhood. By capturing the tactics employed by third‐sector actors on the ground, which often deviate from their initial strategy for reclaiming the right to housing, as well as the homing practices of the inhabitants, the article focuses on tracing how and why such a housing configuration does or does not address its inhabitants’ interplaying vulnerabilities related with the housing crisis as well as their relationship with the local urban fabric.

To receive federal homelessness funding, cities in Canada must adhere to federal policy directives associated with the government of Canada’s Reaching Home program. These directives include the implementation of a homelessness management information system (HMIS) and a Coordinated Access process. In this article, we draw on 90 in-depth interviews and extensive policy and institutional analysis to assess the implementation of Coordinated Access in one Ontario city. Our findings suggest that none of the four pillars of Coordinated Access (access, assessment, prioritization, matching, and referral) work as intended. Structural and systemic challenges (e.g., related to housing stock, staff turnover, inaccessibility of shelters, criminalizing municipal bylaws, and the reliability of the assessment tool) undermine the efficacy of the process as a means of improving transparency, service coordination, and housing outcomes. Despite being an early adopter of the Coordinated Access process, this Ontario municipality continues to struggle with a growing housing affordability crisis and an unhoused population.

Despite a rhetorical turn towards prevention in homelessness policy and research, the work of youth homelessness prevention continues to be frustrated by persistent structural barriers. In this article, we examine how youth homelessness prevention is being implemented in the province of Ontario, with a focus on targeted provincial support programs and local shelter diversion practices. Drawing on interviews with workers in the homeless-serving sector, we describe the implementation of these initiatives and identify points of frustration and potential that workers encounter as they try to prevent experiences of homelessness for youth. We contend that these points of frustration illuminate persistent structural barriers that continue to forestall the work of youth homelessness prevention. Meanwhile, points of potential demonstrate the importance of empowering workers to creatively adapt and offer responsive services. Taken together, these signal the critical importance of two aspects of contemporary homelessness prevention typologies—primordial prevention and empowerment. We end by offering aspirations for action, a political reframing of the policy recommendations sections more typical of social science research articles. We do so to affirm our commitment to advancing the work of structural transformation that is required to achieve the right to housing for all, including youth.

Housing policy is one of the urgent scientific and practical areas within legal research because it has not been updated since 1995, and actual housing relations have already received a new meaning. The purpose of the study is to identify the features of the current situation and propose transformational approaches to housing policy. The study employs formal legal, statistical, and general scientific research methods, considering dialectical, synergistic, and axiological approaches. The main issue with Ukrainian housing policy is the absence of a modern concept guiding housing development and legal regulation. It is observed that the intensification of efforts to develop and adopt the principles of future state housing policy was conducted at the level of state authoritiesʼ activities. Based on the analysis of regulations in housing relations, it was determined that housing policy is part of a broader state policy – social policy. This is because it aims to meet the social interest – the need for housing. It is emphasised that housing policy is divided into national and regional housing policies. Particular attention is paid to the difficulty of restoring the destroyed housing facilities stock as a result of the war; it is suggested that a system of action be implemented to overcome the complicated situation in the housing sector. The study supports the idea of highlighting a specific area of modern housing policy in Ukraine, namely, ensuring the housing rights of vulnerable individuals, particularly those who have been forcibly evicted due to war. The study identifies specific areas of housing policy, including: the restoration of housing facilities (such as constructing new housing, compensating for destroyed housing, and conducting repair and construction works); devising an investment strategy for the housing sector; safeguarding citizensʼ housing rights; and revising housing legislation. These recommendations can be considered by the legislative and executive authorities when formulating a strategy and policy for the reconstruction of the housing stock of the state

The article presents the issue of assistance to displaced persons from Ukraine in meeting their housing needs in Poland, which is provided on the basis of a special act dated March 12, 2022 regarding assistance to citizens of Ukraine in connection with the armed conflict in the territory of that state. The aim of the article is to discuss this specific legal regulation with subsequent assessment of its effectiveness in meeting the housing needs of displaced Ukrainians who settled in Poland due to the armed conflict in their country. Logical-linguistic and comparative legal methods are used herein. The right to housing as part of the human rights system is discussed in the beginning, and then individual solutions for meeting housing needs introduced by the special aid act are reflected on. Finally, the conclusions from the analysis are formulated, on the basis of which it should be concluded that the introduced solutions should be assessed positively. The clearest proof of their effectiveness is the lack of camps for Ukrainian refugees in Poland. The efficiency of the solutions results primarily from the skillful combination of two pillars of assistance, i.e. the public and private sectors.

Social movements fight to change society's roots and challenge entrenched cultural frameworks. At the same time, however, they must attend to everyday activism and protests that constitute a clear and pragmatic mobilization goal. This article analyzes the case of a movement for decent housing on social media called Platform for Those Affected by Mortgages (PAH). This organization fights to guarantee universal access to housing, a recurrent problem in large cities. It grew in 2010 when the subprime mortgage crisis broke out in the United States. The bursting of the real estate bubble built up at that time had a global impact, pushing other markets. On the one hand, the movement has to change entrenched cognitive frameworks that say property must be bought and its loss is the individual's responsibility. On the other hand, it must coordinate and try to gather as many people as possible to stop the evictions that occur every day. Twitter seems crucial for daily mobilization in this double logic, while Facebook allows for more complex narratives. The methodology used was a framing analysis of the content published on the organization's official Facebook and Twitter accounts. Although these should be understood as overlapping layers, the movement is often trapped in a narrative that it does not want. By highlighting specific cases, it leads to an understanding that access to housing does not affect most of society. [ABSTRACT FROM AUTHOR]

Copyright of Bitácora Urbano/Territorial is the property of Bitacora Urbano/Territorial and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article presents the issue of assistance to displaced persons from Ukraine in meeting their housing needs in Poland, which is provided on the basis of a special act dated March 12, 2022 regarding assistance to citizens of Ukraine in connection with the armed conflict in the territory of that state. The aim of the article is to discuss this specific legal regulation with subsequent assessment of its effectiveness in meeting the housing needs of displaced Ukrainians who settled in Poland due to the armed conflict in their country. Logical-linguistic and comparative legal methods are used herein. The right to housing as part of the human rights system is discussed in the beginning, and then individual solutions for meeting housing needs introduced by the special aid act are reflected on. Finally, the conclusions from the analysis are formulated, on the basis of which it should be concluded that the introduced solutions should be assessed positively. The clearest proof of their effectiveness is the lack of camps for Ukrainian refugees in Poland. The efficiency of the solutions results primarily from the skillful combination of two pillars of assistance, i.e. the public and private sectors. [ABSTRACT FROM AUTHOR]

AbstractCOVID-19 made visible the care world. Care includes everything we do to sustain, preserve, and repair our world so that we may live in it as well as possible. This paper addresses carework spatially, bridging the concepts of spatial justice, participation, situated knowledge and solidarity, with the pandemic as a backdrop. Based on an action research project, this paper elaborates a conceptualisation of care, both as a practice and a process, focusing on the experience of women living in a context of housing precarity. Using mixed methods, including in-depth interviews, ethnographic work, and workshops, it aims to deepen the comprehension of socio-spatial care practices during COVID-19, focusing on the agency of poor marginalised women, providing frameworks of care within the places they inhabit, also considering the impact on the research itself. Empirically driven, this paper shows that housing precarity and housing deficits affect women more dramatically. Notably, those spatial care practices also reveal forms of mutual aid and solidarity capable of questioning - or even overcoming - obstacles created or intensified by the pandemic. [ABSTRACT FROM AUTHOR]

This article engages with a leading contemporary criticism of social and economic human rights, namely that because such rights are organised around sufficiency norms, they are ill‐equipped to challenge and overturn forms of material inequality. The sufficiency thesis raises issues around the nature of social rights and their capacity to deliver transformative change, and lays a direct challenge to social movements employing human rights talk and practices in campaigns for social justice. This article breaks new ground by taking the right to housing as a case study for assessing the sufficiency thesis. It is argued that while there is some support for the sufficiency thesis in dominant institutionalised legal forms of the right to housing, the wider claim of the thesis, that social rights are incapable of challenging forms of material inequality, does not hold water. This argument is supported by a broad approach to housing rights that engages with the work of the UN Special Rapporteurs on housing and which takes seriously the way in which contemporary social movements in Spain and Scotland employ housing rights in their struggles for housing justice. [ABSTRACT FROM AUTHOR]

The right to housing is a fundamental human right, but the paucity of context-specific legislation and policies on the right to housing makes housing inaccessible to a significant number of people residing in African cities. This review article explores the challenges of inclusivity and equity in the provision of housing within the framework of the pan-African city to provide legal frameworks for policymakers, urban planners, and stakeholders committed to realising the right to housing and the vision of the pan-African city. Specifically, it focuses on four diverse African nations - South Africa, Uganda, Tanzania, and Nigeria - for insights into the multifaceted nature of housing rights. The article begins with a review of the key concepts (housing, pan-African city, equity, inclusivity, policy planning), followed by a review of the challenges of inclusivity and equity in each of the selected countries within the context of the right to housing and the pan-African city. The article then reviews the selected countries' efforts to address the challenges within the framework of relevant international human rights instruments and the various countries' constitutional, legislative, and policy frameworks. It is concluded that the right to housing in the pan-African city remains an ambitious goal, with numerous challenges in achieving inclusivity and equity. It is recommended that African countries pay more attention to the right to housing within the pan-African city, emphasising the need for collaborative efforts to ensure access to safe, adequate, and affordable housing. This can be done through information and knowledge sharing, joint infrastructure development, cross-border collaborations, technology transfer, and regional financing mechanisms, among others. [ABSTRACT FROM AUTHOR]

Copyright of Cuadernos de Trabajo Social is the property of Universidad Complutense de Madrid and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Direito e Práxis is the property of Editora da Universidade do Estado do Rio de Janeiro (EdUERJ) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista Española de Derecho Constitucional is the property of Centro de Estudios Politicos y Constitucionales and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Housing policy is one of the urgent scientific and practical areas within legal research because it has not been updated since 1995, and actual housing relations have already received a new meaning. The purpose of the study is to identify the features of the current situation and propose transformational approaches to housing policy. The study employs formal legal, statistical, and general scientific research methods, considering dialectical, synergistic, and axiological approaches. The main issue with Ukrainian housing policy is the absence of a modern concept guiding housing development and legal regulation. It is observed that the intensification of efforts to develop and adopt the principles of future state housing policy was conducted at the level of state authoritiesʼ activities. Based on the analysis of regulations in housing relations, it was determined that housing policy is part of a broader state policy - social policy. This is because it aims to meet the social interest - the need for housing. It is emphasised that housing policy is divided into national and regional housing policies. Particular attention is paid to the difficulty of restoring the destroyed housing facilities stock as a result of the war; it is suggested that a system of action be implemented to overcome the complicated situation in the housing sector. The study supports the idea of highlighting a specific area of modern housing policy in Ukraine, namely, ensuring the housing rights of vulnerable individuals, particularly those who have been forcibly evicted due to war. The study identifies specific areas of housing policy, including: the restoration of housing facilities (such as constructing new housing, compensating for destroyed housing, and conducting repair and construction works); devising an investment strategy for the housing sector; safeguarding citizensʼ housing rights; and revising housing legislation. These recommendations can be considered by the legislative and executive authorities when formulating a strategy and policy for the reconstruction of the housing stock of the state. [ABSTRACT FROM AUTHOR]

Copyright of Türkiye Adalet Akademisi Dergisi is the property of Justice Academy of Turkey and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista de Derecho Politico is the property of Editorial UNED and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Law 12/2023 of 24 May on the right to housing introduced a range of measures, including, most notably, the possibility of declaring "stressed" residential market areas, which, in turn, are the cornerstone of the price limitation framework on residential lease agreements that the abovementioned housing rights law introduced in the Urban Leases Law. On 11 August 2023, the competent housing authorities of the regional government of Catalonia were the first to apply this provision and declare 140 municipalities as "stressed" residential market areas. [ABSTRACT FROM AUTHOR]

This article analyses the eviction protections provided by the Revised European Social Charter by conducting a systematic content analysis of the European Committee on Social Rights' (ECSR) Conclusions and Decisions on Articles 16 and 31. The findings reveal that the ECSR has established nine consistent eviction protections throughout its jurisprudence. Additionally, this article examines how the ECSR considers the right to property within the context of evictions, revealing additional eviction protections inconsistently applied by the ECSR that addresses the conflict between the right to housing and property. To provide insight into how the ECSR could address the conflict more directly, this paper compares the ECSR's approach with that adopted by the United Nations Committee on Economic, Social and Cultural Rights (UN CESCR). Ultimately, this study concludes that the UN CESCR engages with the right to property in the context of evictions more directly than the ECSR. [ABSTRACT FROM AUTHOR]

The article is devoted to the analysis of main social rights of internally displaced persons and their realisation after Russia's full-scale invasion in Ukraine. The current Ukrainian national legislation on the IDPs social protection has been analysed with the specific focus on social payments and housing through the Ukraine's ability to guarantee all basic social rights to IDPs and via the lens of new challenges and problems that appeared after the beginning of the war. The special attention was also drawn to the importance of sufficient international support and assistance for IDPs' social protection in Ukraine. [ABSTRACT FROM AUTHOR]

Copyright of Cadernos de Dereito Actual is the property of Asociacion Xuristas en Accion and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Social movements fight to change society’s roots and challenge entrenched cultural frameworks. At the same time, however, they must attend to everyday activism and protests that constitute a clear and pragmatic mobilization goal. This article analyzes the case of a movement for decent housing on social media called Platform for Those Affected by Mortgages (PAH). This organization fights to guarantee universal access to housing, a recurrent problem in large cities. It grew in 2010 when the subprime mortgage crisis broke out in the United States. The bursting of the real estate bubble built up at that time had a global impact, pushing other markets. On the one hand, the movement has to change entrenched cognitive frameworks that say property must be bought and its loss is the individual’s responsibility. On the other hand, it must coordinate and try to gather as many people as possible to stop the evictions that occur every day. Twitter seems crucial for daily mobilization in this double logic, while Facebook allows for more complex narratives. The methodology used was a framing analysis of the content published on the organization’s official Facebook and Twitter accounts. Although these should be understood as overlapping layers, the movement is often trapped in a narrative that it does not want. By highlighting specific cases, it leads to an understanding that access to housing does not affect most of society.

Este artículo analiza la actuación del Tribunal Constitucional en relación a la protección del derecho a la vivienda en el ámbito concreto de la ejecución hipotecaria durante los años posteriores a la crisis financiera. Un litigio significativo en la medida que representa un conflicto específico y acotado entre entidades de crédito y población vulnerable, pudiendo ser considerado un test de la salud del conjunto del sistema político y de garantías del Estado Español. Los gobiernos autonómicos, competentes exclusivos en materia de vivienda, encontraran en la ejecución hipotecaria y el crecimiento económico, un límite infranqueable en sus intentos de cumplir con las obligaciones mínimas derivadas del derecho internacional público. This article analyzes the performance of the Spanish Constitutional Court concerning right to housing protection in the context of mortgage executions during the years after the financial crisis. It is a significant lawsuit since it represents a specific and limited conflict between financial entities and vulnerable population. In this sense, it can be considered a test or indicator of the health of the Spanish State's entire political and guarantees system. Regional governments, exclusively competent in housing policies, will find in mortgage executions and economic growth an insurmountable limit in their attempts to comply with human rights minimum core obligations.

This article presents a comprehensive analysis of the right to housing, framing it as an essential component of the broader right to an adequate standard of living. Situated within the context of international human rights norms, the article scrutinizes how these global standards influence and shape Ukrainian legislation. It argues that national laws should aim not merely to provide a basic minimum but to ensure a dignified standard of living that encompasses the full range of capabilities necessary for individuals to function effectively in society. The study delves deeply into the multifaceted nature of the right to housing, examining its various components and dimensions. It highlights the acute challenges that Ukraine faces in implementing this right, particularly in light of the extensive damage to the country's housing stock due to Russian aggression. The article emphasizes the pressing need for a holistic and multi-disciplinary approach to address the complex issue of restoring damaged housing and constructing new dwellings to replace those that have been destroyed. Furthermore, the article underscores the pivotal role that both the private sector and international aid organizations must play in Ukraine’s post-war reconstruction efforts. It posits that solving the housing crisis is not an isolated endeavor but is intrinsically linked to broader social protection mechanisms, issues of population displacement, and the overall quality of life for Ukrainian citizens. The study suggests that a multi-stakeholder approach, involving governmental agencies, non-governmental organizations, and international partners, is crucial for addressing the intricate challenges posed by the housing crisis. In summary, this scholarly article offers a nuanced understanding of the right to housing within the Ukrainian context, influenced by international human rights standards. It advocates for a multi-dimensional and collaborative approach to tackle the housing crisis, emphasizing the interconnectedness of housing with broader social, economic, and ethical considerations. The study serves as a valuable resource for policymakers, scholars, and practitioners interested in understanding and addressing the complexities of housing rights in post-conflict settings like Ukraine.

Institutional structure––or the rules and laws (both formal and informal) in use informing human interaction––is often held separate from mainstream economic research and analysis. The Legal Economic Performance (LEP) Framework, as developed and utilized by the author (with Eric Scorsones) in real-world extension work, centers on the analysis of human interdependence and its key legal components to consider the impacts of proposed or past changes to institutions. A language of legal relations—Hohfeldian analysis—is used to break down and describe the situation. Through this process, the key issue or issues of interdependence are identified, enabling the analyst to identify the structural options available to address it. Finally, the structural components of the institution, the distributional outcomes they give rise to, and assumptions about human conduct or behavior are considered. This paper introduces the LEP model and its uses by the wider heterodox community, with special attention to its application in the domain of housing rights and roadway congestion management.

Abstract If literature has stressed the role of marginal gentrifiers in bringing resources to the areas where they move, apart for relevant exceptions, the potentialities and limits of their contribution to urban struggles has not been systematically addressed. This article assesses the role of these newcomers in the defence of the right to housing in post-austerity Lisbon focusing on their interaction with established activist networks. Resorting to a multi-method approach and an interactionist social movement framework, our study is supported by event analysis, 22 interviews, ethnographic observation and a questionnaire-survey. Our findings show that interactions between marginal gentrifiers and previous housing players helped to consolidate the local activist arena and contributed to the emergence of new urban collective contentious identities. Nevertheless, this contribution seems partially affected by further displacement waves in the context of growing gentrification and touristification, which have threatened the survival of resistance networks. The case of Lisbon can help illuminate similar processes in contexts highly impacted by gentrification and touristification. [ABSTRACT FROM AUTHOR]

New housing regulations introduce new measures on civil, administrative, tax and litigation law matters that restrict the exercise of the powers on housing exclusively attributed to the Spanish autonomous regions. [ABSTRACT FROM AUTHOR]

The notion that Housing First (HF) is a human-rights based approach to housing some of society's most vulnerable citizens is often alluded to in the literature, but seldom interrogated. In this paper, we examine whether HF in Alberta, Canada is practiced in a way that realizes the right to housing for chronically homeless people. We do so using four human rights principles identified by Fukuda-Parr: non-discrimination, participation, adequate progress and remedy. Based on interviews with staff of 14 HF programs in three cities, we identify constraints to a human rights-based approach, including time-limited support, which necessitates a strong emphasis on housing sustainability. We also identify positive practices, such as client participation in decision-making and tenant rights education. The paper also provides a model for systematically assessing whether HF programs respect, protect and fulfil the right to housing. [ABSTRACT FROM AUTHOR]

The United States is experiencing an unparalleled affordable housing and homelessness crisis, and at least 580,000 people are forced to live unhoused each year. Despite this crisis, no federal law has established a right to shelter and the Supreme Court has not yet recognized a constitutional right to housing. In the absence of a national right, various forms of a right to shelter have emerged in individual jurisdictions across the United States. These right to housing alternatives have ranged from the all-encompassing right to shelter that has existed in New York City since 1979 to the more limited right to shelter regimes existing in Washington, D.C. and Massachusetts. Similarly, the Ninth Circuit's 2018 decision in Martin v. City of Boise provides the potential contours for a right to shelter built on Eighth Amendment jurisprudence. The growing national homelessness and affordable housing crisis demands bold action--the property system in the United States must be reoriented if it is to remain fit for purpose. This Note explores the development of right to shelter regimes through the lens of Resilient Property Theory (RPT) and conceptualizes the homelessness crisis as a wicked property problem: a large-scale and existential threat to the resilience of the state and vulnerable members of society rooted in the property system. This Note argues that the emergence of individual jurisdictional rights to shelter are part of various state responses to the increasingly wicked property problem of homelessness that simultaneously allocate resilience to individuals experiencing homelessness. Finally, this Note calls for a national right to shelter, arguing that individual jurisdictional rights to shelter provide an example of a progressive property approach to rights realization that actualizes a potential framework for a future national right to shelter. [ABSTRACT FROM AUTHOR]