Writing Task / Group Work. The Right to Housing
In the chapter on homelessness, you have received initial information on the right to housing. You learned that there are references to a right to housing in both Article 25 of the Universal Declaration of Human Rights and Article 31 of the European Social Charter as a Council of Europe treaty. In the latter, member states agree to provide access to "housing of an adequate standard". This should also be possible for persons without "adequate resources". In practice, however, there are challenges of defining these contested terms and shaping their effects on policy: National legislations differ substantially in how they address and define the 'adequacy' of housing and the means necessary to access 'decent' housing. In the following task, you will form an opinion on these terms and the legal situation in your regional or local context. You can do this task alone or in a group.
Complete the following tasks alone or in a group to learn more about the
right to housing.
1. Reflect: What does "housing of an adequate standard" mean to you? What functions should housing fulfill, what needs should be covered? What are the minimum standards (in terms of social, structural, or neighborhood related conditions) to be met? Take five minutes and make a list of bullet points.
[Optional group work: If you work in a group, collect your bullet points. Explain them and find out if you understand each of them to mean the same thing. Can you agree on all the key points, or are there some that seem 'unnecessary'? Take 10-15 minutes to do this.]
2. Research: How is the right to
housing legally defined in your context? Are there any references to housing in
the national constitution? Are there specific regulations in your state or
municipality that address the issue of housing? Research for 15 minutes and
take 5 minutes to systematize your findings.
[Optional group work: If you work in a group, split up and research different countries or federal states. Then present your results to each other.]
3. Discuss: Compare your bullet points from task 1
with the legal framework researched in task 2. Answer the following questions
in 200 to 300 words each.
- Which points you mentioned are covered by the legislation and which are not?
- Do you think the legislation provides a sufficient framework to ensure housing of adequate standard in practice? What are the advantages and disadvantages of a narrow or broad legal definition?
- Do you think access to adequate housing is more likely to be provided by the legal framework or by policy or social work practice? Where do you see gaps and need for action?
[Optional group work: Share your answers to the three questions in the
group. Based on this, create a five-point policy-paper identifying the most urgent
issues for reforming the political-legal framework to enable access to adequate
housing.]
Additional
Sources:
- UN-Guidelines for the Implementation of the Right to Adequate Housing: https://www.ohchr.org/en/documents/thematic-reports/guidelines-implementation-right-adequate-housing-report-special
- Council of Europe - The right to affordable housing: Europe’s neglected duty: https://www.coe.int/en/web/commissioner/-/the-right-to-affordable-housing-europe-s-neglected-duty
- Recht auf Wohnen Ausgestaltung und Rechtswirkung in den Verfassungen der Bundesländer und der EU-Mitgliedstaaten: https://www.bundestag.de/resource/blob/651544/50f6cb8ef28a8b472f0fa00add53d78a/WD-3-120-19-pdf-data.pdf