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State of Housing Rights

 

Federal level

There is no explicit reference to housing in the Basic Law (Grundgesetz, GG) beyond the protection of the inviolability of the home. All attempts to include housing as a fundamental right or state objective in the Basic Law (GG) have failed so far in Germany. Nevertheless, the constitution does provide for the protection of social human rights. This is because the guarantee of human dignity in conjunction with the principle of the welfare state gives politicians a mandate to regulate and shape policy.

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Jansons v. Latvia (Application No.1434/14) [8.09.2022]

 
Date of the decision: 08/09/2022
 
Country: Latvia

Jurisdiction: European Court of Human Rights

Legal basis: Violation of Article 8 - Right to respect for private and family life (Article 8 - Positive obligations
Article 8-1 - Respect for home)

Subject

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UN Special Rapporteur finds that millions are failing to access social protection entitlements

On the 24th of June 2022 Olivier De Schutter, UN Special Rapporteur on extreme poverty and human rights, presented his report on Non-take-up of rights in the context of social protection [1]in the UN Human Rights Council’s 50th Session. The report finds that millions of people, including some of the world’s most marginalized groups, are unable to benefit from the very systems that have been set up to protect them.

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Overview of Housing Exclusion in the EU: International standards of evictions

The Abbé Pierre Foundation and FEANTSA published their Seventh Overview of Housing Exclusion in Europe on 30th June 2022.

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UN Report on older persons and the right to adequate housing

 

The Independent Expert on the enjoyment of all human rights by older persons, Dr. Claudia Mahler, will focus her next report to the General Assembly in 2022 on older persons and the right to adequate housing.

This time FEANTSA/ Housing Rights Watch sent a brief contribution to the submission by AGE Platform Europe. 

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Respecting International Standards on Home Evictions

FEANTSA and Fondation Abbé Pierre´s 7th annual Overview of Housing Exclusion in Europe report was launched on Thursday 30th of June. This new report takes a look at the state of evictions in Europe. This legal analysis that follows is from chapter 3 of the report, written by María José Aldanas (FEANTSA) and Sarah Coupechoux (Fondation Abbé Pierre).

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McDonagh v. Clare County Council. Irish Supreme Court [31.01.2022]

Date of the decision: 31 January 2022

Country: Ireland

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Launch of the Shift Directives on The Financialization of Housing

On June 2nd 2022, Leilani Farha, Global Director of The Shift and former UN Rapporteur on the right to housing launched the Shift Directives “From financialized to Human Rights-based housing” in the European Parliament.
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New UN resolution on adequate housing adopted

At its Forty-ninth session, the UN Human Rights Council adopted a resolution on Adequate housing as a component of the right to an adequate standard of living, and the right to non-discrimination in this

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A. Naser v. Spain (Communication No. 127/2019) [14.03.2022]

Date of the decision: 14 March 2022

Country: Spain

Jurisdiction: Committee on Economic, Social and Cultural Rights

Legal basis: Article 11 (1) of the International Covenant on Economic, Social and Cultural Rights

Subject:  Eviction of claimants from their home - Right to adequate housing

English

Funders

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