Decent homes and human rights?
I have got this question from a university and it interested me, I was wondering if anyone could have an answer to it. Please answer in the UK/EU context:
'Should there be a human right to decent housing? Discuss the implications of this question for the current and future use of human rights in UK land law.'
Any takers?
Answer:
There is no universally recognized human right to housing that I am aware of, notwithstanding the Universal Declaration of Human Rights.
The only case on housing that has had repercussions on the right to housing that I can think of is South Africa's "Grootboom" case (Constitutional Court, 2000). There the court found the SA constitution guaranteed a right to housing and ordered steps be taken to provide adequate housing to squatters on open land. But I believe implementation of that decision has been very slow and has resulted in further litigation. The money just isn't there. And while "adequate" housing is being built, the case plaintiffs continue to live in "inadequate" housing. So while the right is enforceable on paper if the laws so provide, actual enjoyment of the right lacks far behind even when the courts find in favor.
I live in the United States but found the question very interesting. The problem with including "decent housing" within the confines of human rights is it doesn't translate. The general idea of human rights is for modernized countries to use their collective economic and military powers to establish a base line for how humanity will be treated - legal protections,certain freedoms, basic medical . . . things of that nature. These ideas easily translate and are relevant to any culture. Decent housing in the west would probably include features such as running water, electricity, fire hazard standards, and such . . . now apply that concept to Zimbabwe or Uganda. It just doesn't translate into a universal concept. The second major problem would be immigration, how would you pay for the millions of immigrants, legal or otherwise, who would flood the EU in search of shelter? It's a noble idea but not entirely feasible.
I would say a society has a duty of care to the citizens. That would cover providing basic shelter, like a hostel for the homeless, but nothing more. So the issue revolves around what is 'decent'?
The UK has a long history of providing affordable housing in the form of council housing, but the Thatcher years reduced that housing pool considerably, by selling the council property to individuals at reduced cost.
With increasing immigration, and subsequent proverty and unemployment issues, while the government may have a duty to provide the most basic hostels, I don't see how you could argue anything further - like a wholesale return to council housing - is justified in tax terms.
Instead, immigrants should only be granted residency IF they are able to support themselves.
The answers post by the user, for information only, FreeLawAnswer.com does not guarantee the right.
Answer question:
More Questions and Answers: