By ASSOAL · Published 02 October 2016 · Updated October, 2, 2016
The rights to lodging can be defined in so many ways. In a simple language, we can say that it is for everyone to have a descent and respectful place to live in. The right is written down in more than 100 national constitutions as well as many international laws. In certain countries (France), this right has become an obligation of some sort. This means a homeless person can ask for help (from the state or the community authorities …) so as to really obtain lodging.
During a colloquium that took place 2012 in Bruxelles (Belgium) and still under this topic, the professor of Law– Maître Fierens – defined the rights to lodging as follows.
The right to lodging as defined by the architecture of lodgings (Fierens):
- The ROOF is the formal aspect to lodging ;
- Strong walls are laws that are geared towards the right to lodging ;
- The Door gives assurance to this right and brings the link with the notion of eviction ;
- The windows indicate the non indispensible judicial element for a descent lodging ;
- Moving into a lodging must be backed by the aspects of the right to lodging with one of them being that of quality ;
- Les Sidewalks do define the effectiveness of road paths to be taken ;
- The Foundations is the societal context to which the right to lodging is geared.
THE ROOF
It is a very important to the right to lodging. It is a formal ideology that stems from international right standards and depends on the country and entails– national rights (the constitution, etc.). In the international level we find:
- Universal Declaration of Human Rights (article 25 §1)
- International pact relative to Economic rights, social and cultural (article 11 §1)
- The Charter of the fundamental rights of the European (article 34 §3)
- Social revised Charter (articles 16 – 23 – 30 – 31)
- Principles of Jogjakarta on the rights of humans on issues of sexuality and gender orientation (principle 15)
STRONG WALLS
Examples of other human rights which are in line with the right to lodging are:
- The other fundamental rights, defined as indivisibles (DESC), thus the right to protection against poverty and misery.
- The rights relating to human dignity and proposes laws on social aid
- Laws relating to no discrimination (of race, colour, sex, language…) can be put in line with having access to lodging.
THE DOOR
She “is” on people who are in charge of putting in place this right to lodging.
In state governed nations, the ladder seems ideal. For the rights of lodging to be effective, every state is supposed to engage on three levels of obligations:
- Respect the rights: The state cannot prevent someone from having access to lodging. (public park, private park and alternative lodging)
- Protect the rights: The state has to ensure that no person should deprive another from having access to lodging be it physically or morally.
- Achieve the rights : The state has to do all to ensure that this right is “achieved” : provide specific resources for lodging – propose a social lodging park – protect the tenants from abuses from some landlords – limit the gap between price and lodging – … put in place the right to lodging …
This boils back to the notion of “private property.” It is not absolute rights as per say (stated by certain constitutions). In Europe, the European court of Human Rights did state in 1986 “we cannot leave lodgings to the forces of the market”).
Nevertheless the “door” can also be associated to expulsions . There are clearly written rules on procedures to put someone out off his lodging to the “door” depending on the country. Many countries equally understand the notion of what the French call “moratoire”, that is to say certain conditions (eg: winter) can temporally render impossible the notion of eviction.
THE WINDOWS
Because living means more than just lodging!!!
“Closed windows” indicates that the inhabitants do have rights to a good space, comfort and minimum intimacy
“Opened windows” equally indicates that the lodgings has to be situated in an adequate environment, close to his job, accessible to schools, health care structures ,… it is the ability to live in a neighbourhood, to be able to cultivate a good relationship with the neighbours and build healthy relations with the families.
EQUIPING A LODGING
The right to lodging has to more than just the notion to the rights to a roof, a shelter, housing … But must include other important aspects relevant to the notion of quality:
- Certain Constitutions or written laws do stipulate the term “descent lodging ”“deserved lodging ”
- The international term relative to what is known as DESC speaks of “sufficient lodging”
- The universal declaration of Human Rights and the Revised Social Charter states “lodging must provide an environment for a ‘family’ to live in.”
SIDEWALKS
It consists of defining the conditions and access rights to a lodging. Amongst the conditions allowing inhabitants to exercise the rights to lodging, we have:
- The putting in place of information organs
- The putting in place of organs in order to provide first hand aid on law related issues.
- Putting in place organs to bridge gaps
- The rights to “appeal”, in a shorter reasonable time.
- The rights to justice and equitable hearing.
- The importance for different authorities (national or international level) to dialogue.
THE FOUNDTIONS
By “foundations”, we should weigh the stakes relating to the citizens and the society which will help in putting in place the rights to lodging:
- Human rights should not be merited. They are rights. !!!, the capacity given to an inhabitant to often think and live as “ a citizen of law”.
- On another angle, the rights to lodging should be a global societal issue, in a bit to foster and rebuild the social link. The society and the individual are both responsible to collectively work towards the rights to lodging and this is in most societies.
Source: J. Fierens, “S’il te plaît, dessine-moi un logement” in Droit au logement: vers une obligation de résultat?, La Charte, Bruxelles, 2013, pp 131-154. Références article.
Other references: