To form / be informed - Legal frameworks right to the European housing

1. FOUNDING TEXTS
2. THE EUROPEAN SOCIAL CHARTER REVISED
3. THE CHARTER OF FUNDAMENTAL RIGHTS
4. EUROPEAN PARLIAMENT RESOLUTION ON A EUROPEAN STRATEGY ON THE ROMA
5. EUROPEAN CHARTER HOUSING
6. ANDREA REPORT ON HOUSING AND REGIONAL POLICY
7. DECLARATION ON ENDING STREET HOMELESSNESS

In 1948, housing is mentionned for the first time in the Universal Declaration of Human Rights article 25.1:

"Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services."

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In 1966, the International Covenant on Economic, Social and Cultural Rights (ICESCR) said in its Article 11.1 :

“The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. The States Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international co-operation based on free consent.”

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The recipients of this text appear to be the states, not individuals, making it difficult to use in Court.

In 1991, Article 11.1 of the ICESCR has been strengthened by the adoption of General Comment No. 4 on the right to adequate housing where it explains the minimum guarantees for anyone :

legal security of tenure, availability of services, materials, facilities and infrastructure, affordability, habitability, ease of access, location, cultural adequacy.

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In 1997, Article 11.1 of the ICESCR has been strenghtened by the adoption of General Comment No. 7 on forced evictions:

Forced evictions evictions are prohibited in connection with which a person would be without roof or may be a victim of other human rights. The document proposes to make a difference between “forced eviction” and “illegal evictions”.

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In 1996, the European Social Charter (1961), inspired by Articles 22 to 25 of the Universal Declaration of Human Rights, was revised. In Article 31, the Revised European Charter provides the foundation for a right to adequate housing:

Article 31 – The right to housing

With a view to ensuring the effective exercise of the right to housing, the Parties undertake to take measures designed :

1. to promote access to housing of an adequate standard;
2. to prevent and reduce homelessness with a view to its gradual elimination;
3. to make the price of housing accessible to those without adequate resources.

This revised Charter has two special features:

• The Charter is controled : each State must submit an annual report to explain how the Charter has been implemented in the territory. A special committee controles these reports and may send recommendations to Member States for non-compliance. The national committees are composed of the political authorities and the social partners.
• A collective complaints procedure exists since 1998, for states that have accepted the procedure. There is therefore a procedure, specific elements to put in the folder and organizations may refer the committee.

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In 2000, the Charter of Fundamental Rights of the European Union affirms several principles that the Right to Housing is linked directly or indirectly :

Art.1 : "Human dignity is inviolable. It must be respected and protected. "

Art.7 : "Everyone has the right to respect for his private and family life, his home and communications."

Art.17 : "Everyone has the right to own, use, dispose of and bequeath his or her lawfully acquired possessions. No one may be deprived of his or her possessions, except in the public interest and in the cases and under the conditions provided for by law, subject to fair compensation being paid in good time for their loss. The use of property may be regulated by law in so far as is necessary for the general interest."

Art.20 : "Everyone is equal before the law."

Art. 21 : "Any discrimination based on any ground such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation shall be prohibited."

In 2000, this same Charter of Fundamental Rights of the European Union lays the groundwork for the house into Community competence, through its Article 34 § 3 indicating that the Union should recognize and respect the "right to housing assistance"

"In order to combat social exclusion and poverty, the Union recognises and respects the right to social and housing assistance so as to ensure a decent existence for all those who lack sufficient resources, in accordance with the rules laid down by Union law and national laws and practices."

The ratification of the Lisbon Treaty by the Member States and its entry into force on 1 December 2009, resulted in the implementation of the Charter of Fundamental Rights of the European Union (Article 6 of the Treaty).

Monitoring methods of the Charter of Fundamental Rights was set up. Each Member State shall establish a plan with priorities for the coming years.

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In 2005 and 2006, the European Parliament has taken two resolutions on the situation of Roma in the European Union. In 2008, article 13, there is an European Parliament Resolution on a European Strategy for the Roma :

The European Parliament « urges the Commission to build on existing positive models to support programmes aimed at ending Romani slums, that give rise to severe social, environmental and health risks, in those Member States where they exist and to support other programmes providing positive and successful models of housing for Roma, including Romani migrants. »

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Since 2006, there is an Intergroup "Urban Housing" http://urban-intergroup.eu/ within the European Parliament. They have published proposals for the adoption of a "European Housing Charter" which should establish as a fundamental right for all citizens of the Union:

A group of Belgian social movements has summarized the content of these articles:

• "Article 1 recalls the importance of the implementation of fundamental social rights and the importance of housing in the context of social inclusion objectives.
• Article 2 states that it is for governments to combat the problems of exclusion and it is not to support the weight of social inclusion only to owners.
• Article 3 underlines the importance and role of the housing sector in the context of economic cohesion objectives of the European Union. Housing is a privileged field of direct and indirect jobs as sector labor intensive force.
• Article 4 takes stand against spatial segregation, against the creation of ghettos and territorial cohesion and social diversity.
• Article 5 requires greater consideration of the importance of air pollution from buildings with the objective of sustainable urban development.
• Article 6 recommends that the European Union is developing a supportive and incentive framework for the development of Member States' housing policies as part of the implementation of the Lisbon Strategy.
• Article 7 recalls the European Parliament's position on the eligibility of expenditure to structural funds for renovation of social housing with vocation.
• Article 8 refers to the help the EU can provide under the social inclusion strategy.
• Article 9 focuses on building a public - private partnership with the objective of improving the quality and quantity of housing supply in the territory of the European Union.
• Article 10 calls for the establishment of a European Monitoring housing that allows the Union to have objective data on which it could base its decisions.
• Article 11 envisages consideration the views of various stakeholders in the housing representative at European level through the drafting of a white paper or on the basis of the creation of an advisory body."

Download the draft European Housing Charter

In 2007 the European Parliament adopted the Andrea Report on Housing and Regional Policy. Amongs others, The Parliament :

Art. 3 "Calls for the identification, at European level, of a series of quality indicators defining the concept of ‘adequate housing’"

Art.4 « Stresses the importance for the EU of adopting a European housing charter based on the work of Parliament's Urban Housing Intergroup and on the charter approved by the political groups represented »

Art. 5 « Insists on the need – in the context of the Lisbon Strategy – to strengthen the right to housing benefits and to other social rights, so that worker mobility can become a reality »

Art. 6 « Hopes that national and local decision-makers will adopt measures to help young people get their first home »

Art. 22 “Hopes that, in the context of the revision of the regulations governing cohesion policy planned for 2009, the debate will be reopened on extending access to Community funds for the renovation of social housing to all Member States in order to save energy and protect environment, which is currently provided for only for certain countries (…). »

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In 2008 the European Parliament adopted a Declaration (111) on ending street homelessness. This is to give the necessary political impetus to the Member States to impulse this issue like a priority. Amongs others, the European Parliament :

Art. 2 “ Calls on the Commission to develop an EU framework definition of homelessness, gather comparable and reliable statistical data, and provide annual updates on action taken and progress made in Member States towards ending homelessness »

Art. 3 « Urges Member States to devise winter emergency plans as part of a wider homelessness strategy »

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