All cities over our continent have a population of homeless persons – often in poor health. We can see them spending their nights under bridges or on park benches. They are living proof of failed social policy. Less visible are the extremely primitive housing conditions for many migrants and asylum-seekers, some of them thoroughly exploited by ruthless landlords. Hidden are also the tragedies of elderly people who cannot afford to stay in their old flats due to increased rents and tax charges or the despair of families in former Communist countries whose insecure leaseholds have not yet been transformed into property rights. The time has come for a serious discussion about housing rights, all over Europe.
One vulnerable group is the Roma and Travellers. They are still disproportionately represented among the homeless and those living in sub-standard housing. In several European countries Roma families have been evicted with little, if any, notice or warning and without having been offered a genuine alternative or given a chance to appeal.
Among the migrants, those non-documented are at particular risk as their irregular status with authorities can be exploited on the housing market.
The poorest among larger refugee communities also tend to be disadvantaged in housing. I met recently some refugees in both Azerbaijan and Armenia who after about 15 years are still living in extremely primitive and unhealthy conditions (both governments promised to solve this remaining problem in the near future).
Persons with disabilities have particular requirements as regards housing. A policy of deinstitutionalisation and a shift to community living among people with disabilities has increased the need to provide accessible and secure housing at an affordable cost. Many remain in primitive institutional settings, unable to develop their lives or personalities.
Victims of domestic violence, especially women with their children, often need accommodation outside their homes to get away from an abusive relationship.
Access to adequate housing is, however, not only a concern for minorities and the most vulnerable groups. Insecurity on the housing market can have profound consequences on broader categories as well. Market developments can be cruel to people with modest means and urban “beautification” programmes are sometimes enforced with little respect to the tenants in the targeted area.
The decline in social housing is also forcing many people on low incomes into high cost rented housing or into high interest mortgage loans. In such cases, the remaining income after housing expenditure may not be enough to cover other necessary living costs.
When housing conditions are bad, the possibility to use basic services tends to be hampered – undermining the rights to education, health care and employment. This may produce a vicious circle of deprivation and also perpetuate a pattern of social and spatial segregation. In turn, this can result in durable inequalities which are especially difficult to remedy.
The first step is to recognize that adequate housing is indeed a universal human right. This is clarified in agreed international treaties such as the Revised European Social Charter and the International Covenant on Economic, Social and Cultural Rights. The fact that housing has increasingly been privatized and thereby made subject to market forces does not mean that governments have been relieved from their obligation to protect the rights of the individuals.
Of course, this obligation does not entail that governments must build apartments for the whole population or provide housing for everyone free of charge. This would be totally unrealistic and is not the point. This human right is about concrete measures to prevent homelessness, to ban arbitrary and forced evictions and to ensure a minimum standard of living conditions including, for instance, access to drinking water and sanitation facilities. All forms of discrimination in housing should be prevented.
Such measures have rightly been seen as sufficiently important to be defined as binding obligations. Those actions which are particularly resource demanding might be taken step-by-step as long as there is a clear policy of gradual improvement.
The Revised European Social Charter defines more precisely the scope of what a government needs to ensure:
- access to adequate and affordable housing;
- reduction of homelessness and housing policies targeted at all disadvantaged groups;
- procedures to limit forced eviction to ensure security of tenure;
- equal access for migrants to social housing and housing benefits;
- housing construction and housing benefits related to family needs.
The charter also stresses that the enjoyment of the right to adequate housing must be ensured without discrimination on any ground.
These obligations underline the need for governments to devise a clear housing strategy which should define objectives, priorities and budget input. Such a strategy should be matched by a robust national legislation.
Constitutional provisions should be coupled with ordinary laws and statutes which clearly spell out the duties of national and local authorities. The right to adequate housing has to be made justiciable before the courts so that individuals can seek remedies if they cannot access adequate housing.
Recent legal developments in Scotland and France stand as good examples to follow in the field of housing rights. The Scottish Homelessness Act 2003 obliges local authorities to provide permanent accommodation to people who have priority needs and temporary accommodation to people without priority needs. Priority needs will cease to be used as a rationing criterion in 2012. Individuals can complain to the courts if their housing needs are not met.
The French Act on the Right to Housing 2007 renders the state responsible for housing rights. Priority needs are identified in the Act while a two-tier system of complaints is envisaged. Regional Mediation Commissions are the first instance after which cases can be taken before administrative courts.
Governments should also recognise that their general economic and social policies do impact on the right to housing. National housing policies can be applied to control land and property speculation when they prevent the enjoyment of housing rights. The availability of several housing models in addition to home ownership is also necessary to meet the needs of labour mobility. Positive measures in favour of vulnerable groups are necessary and justified when they are proportionate to a legitimate aim.
A minimum programme for a rights-based housing strategy must include the following points:
- National laws should spell out housing rights and identify those who are responsible for their implementation at different levels. Minimum standards for adequate housing and emergency accommodation should be clearly defined.
- Non-discrimination legislation should include housing rights both in the public and private markets.
- Positive measures should be taken to support disadvantaged groups.
- Effective remedies to violations of housing rights and discrimination should be available to everyone. The right to adequate housing should be justiciable before courts.
- Adequate and effective legal and consumer protection for those in private rented housing and those with mortgages for homes.
- The realization of housing rights should be monitored at national and international level. Ombudspersons and human rights’ institutions have a role in this process.
Thomas Hammarberg