Right to Housing

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Curtis W. Peterson - One of the best experts on this subject based on the ideXlab platform.

  • No shelter from the storm: reclaiming the Right to Housing and protecting the health of vulnerable communities in post-Katrina New Orleans.
    Health and human rights, 2009
    Co-Authors: Tiffany M. Gardner, Alec Irwin, Curtis W. Peterson
    Abstract:

    This article explores human Rights- and health-related aspects of the rebuilding process in New Orleans, Louisiana, USA, following the August 2005 assault of Hurricane Katrina. We look at the health and social impacts of post-Katrina redevelopment policies on New Orleans' poor Black communities. We describe systematic violations of poor Black residents' human Right to Housing, and we explore associations between these Rights violations and documented negative trends in community health. The article describes some of the ways that poor constituencies in New Orleans have organized to resist the destruction of their communities and to reclaim their Rights to adequate Housing, health, and dignity. Post-Katrina violations of the Right to Housing in New Orleans should be seen as part of a broader pattern in social policy and the control of urban habitats in the United States. Poor Black residents' struggle to assert their human Right to Housing has implications for the health of local communities and the credibility of democratic processes.

Jessie M Hohmann - One of the best experts on this subject based on the ideXlab platform.

  • toward a Right to Housing for Australia: Reframing affordability debates through article 11(1) of the International Covenant on Economic, Social and Cultural Rights
    Australian Journal of Human Rights, 2020
    Co-Authors: Jessie M Hohmann
    Abstract:

    This paper argues that engaging the content of, and state obligations for, the Right to Housing under Article 11(1) of the International Covenant on Economic, Social and Cultural Rights (ICESCR) ca...

  • The Elements of Adequate Housing: Grenfell as Violation
    2019
    Co-Authors: Jessie M Hohmann
    Abstract:

    This paper considers the Grenfell tower fire as a breach of the Right to Housing by the UK, in contravention of its obligations under international law. I examine how the fire, the underlying Housing conditions that at least in part led to it, and the government’s response, breach the elements of the Right to Housing under the International Covenant on Economic, Social and Cultural Rights. I concentrate on the requirements that Housing must be habitable, accessible – particularly for disadvantaged groups – and in an adequate and safe location. In a close analysis of the international legal standards, I clarify the ways the UK breached the Right to Housing, and how those international legal standards point to its inadequate actions and response for the survivors and victims. In concluding, I suggest that although the government is likely to resist the Right to Housing, it remains a powerful political tool to demonstrate the government’s lack of care of its people, and its overall legal and policy shortcomings as made strikingly clear by the Grenfell tower fire.

  • The Right to Housing
    A Research Agenda for Housing, 2019
    Co-Authors: Jessie M Hohmann
    Abstract:

    This Chapter suggests a research agenda on the Right to Housing. First, it sets out the context of violation of the Right, before turning to examine the Right as codified in international law and in key national constitutions. It then identifies three key challenges in realising the Right, which should inform and underpin research going forward: financialization; privatization, and equality.

  • The Right to Housing as an Aspect of the Right to an Adequate Standard of Living – Article 25(1)
    2018
    Co-Authors: Jessie M Hohmann
    Abstract:

    This chapter considers the Right to Housing as an element of the Right to an adequate standard of living under Article 25(1) of the Universal Declaration of Human Rights (UDHR). It tracks the important issues raised during the negotiation of the Declaration, and offers an analysis of the provision as it relates specifically to Housing. The chapter then considers the elaboration of a Right to Housing in key international, regional and domestic laws. Finally, it analyses the legal Right in light of some key major challenges – both noting those which have been overcome, and those which must still be met.

  • Resisting Dehumanising Housing Policy: The Case for a Right to Housing in England
    2018
    Co-Authors: Jessie M Hohmann
    Abstract:

    This article surveys the development and politics of English Housing policy from the 1800s to the present, arguing that Housing policy has never placed the needs and interests of the dweller – as a human Rights holder– at its centre. Rather, the individual has been an instrument of broader goals or social visions, or envisaged not as a human being per se, but as a productive and pacified worker, a self-regulating and responsible asset holder, or a savvy financial actor whose quest to climb the Housing ladder will generate asset wealth and security for herself, and for the state as a whole. The article argues that the Right to Housing as a human Right can act as a touchstone and rallying cry for a more positive Housing policy; one that places the equal dignity and moral worth of the person at the centre of all policy questions.

Lisa T. Alexander - One of the best experts on this subject based on the ideXlab platform.

  • Bringing Home the Right to Housing to Advance Urban Sustainability
    2018
    Co-Authors: Lisa T. Alexander
    Abstract:

    The human Right to Housing, although not a formal American federal or constitutional Right, provides an important legal and normative framework that can help American cities and states better balance the needs of owners and non-owners in local Housing and development struggles. If American cities and states want to create sustainable urban communities that will flourish for generations, they will need the human Right to Housing as one legal tool in their sustainability toolkit. If we understand the term urban sustainability to include not just the sustainability of the land, air, water, and spaces that humans occupy, but also the sustainability of the inhabitants and positive social relationships in urban spaces, then the human Right to Housing must become a part of cities’ urban sustainability arsenal. The Right to Housing is an international human Right, enshrined in the constitutions of several countries and in the International Covenant on Economic, Social, and Cultural Rights (“The Covenant”). While the United States has signed the Covenant, Congress has not ratified it. Thus, the Right to Housing does not have the force of law in the United States. Yet, if ratified by Congress, the Right to Housing could provide America with a normative rubric to better balance private property Rights and non-owners’ Housing needs. Even in the absence of federal legal adoption, cities and states can use the Right to Housing to help resolve Housing and property challenges at the local level.

  • Evicted: The Socio-Legal Case for the Right to Housing - A Book Review of Matthew Desmond, Evicted: Poverty and Profit in the American City (Crown Publishers, New York, 2016)
    2017
    Co-Authors: Lisa T. Alexander
    Abstract:

    Matthew Desmond’s Evicted: Poverty and Profit in the American City is a triumphant work that provides the missing socio-legal data needed to prove why America should recognize Housing as a human Right. This Essay argues that Desmond’s mostly federal legal prescriptions are insufficient to help all Americans realize the full promise of the human Right to Housing. American cities should also enact local ordinances that legitimate new Housing arrangements in order to fully realize the human Right to Housing. Part I argues that Evicted’s stories show that the law operates differently in poor Housing markets than in traditional markets, and that poor residents are differently situated in low-income Housing markets based upon their age, sex, gender, race, and ethnicity. Evicted also reveals that poor tenants and their landlords make informal bargains that often undermine the goals of numerous Housing-related laws and sacrifice poor residents’ dignity. Part II builds on Desmond’s legal and policy prescriptions by providing examples of how cities can codify the Right to Housing at the local level through resolutions and ordinances that legitimate more equitable Housing arrangements. Part II further asserts that the Right to Housing is a legal tool that can help localities manage and effectively internalize the mounting economic and social costs of increasing inequality in American Housing markets.

  • Bringing Home the Right to Housing to Advance Urban Sustainability
    Symposium Edition - Sustainable Communities, 2017
    Co-Authors: Lisa T. Alexander
    Abstract:

    The title of my talk today is Bringing Home the Right to Housing to Advance Urban Sustainability. You may ask what is the Right to Housing? Why do we need to bring it home? And what does it have to do with the broader topic of today’s symposium, urban sustainability? The human Right to Housing, although not a formal American federal or constitutional Right, provides an important legal and normative framework that can help American cities and states better balance the needs of owners and non-owners in local Housing and development struggles. If American cities and states want to create sustainable urban communities that will flourish for generations, they will need the human Right to Housing as one legal tool in their sustainability toolkit. If we understand the term urban sustainability to include not just the sustainability of the land, air, water, and spaces that humans occupy, but also the sustainability of the inhabitants and positive social relationships in urban spaces, then the human Right to Housing must become a part of cities’ urban sustainability arsenal.

  • Occupying the Constitutional Right to Housing
    SSRN Electronic Journal, 2015
    Co-Authors: Lisa T. Alexander
    Abstract:

    The United States does not recognize a formal legal Right to Housing. Yet, the Right to Housing is alive in America. Using qualitative interviews and case studies, this Article is the first to argue that recent American Housing Rights movements, such as the Occupy Movements, Take Back the Land movements, and Home Defenders’ League, give legal meaning to an American constitutional Right to Housing. These social movements represent the Right to Housing in American law when they occupy and retain vacant and real estate–owned homes, defend home owners and renters from illegal evictions and foreclosures, encourage municipalities to use eminent domain for principal reduction and property acquisition, and create micro-homes for the homeless. These movements’ legal successes reformulate local property and land use laws, create legal arrangements that embody the human Right to Housing in American law, and associate the human Right to Housing with well-accepted American constitutional norms. In so doing, these movements occupy the legal meaning of an American constitutional Right to Housing, even in the absence of a formal legal Right. This Article contributes to popular constitutionalism scholarship by highlighting how private ordering and local law reforms can create constitutional meanings before those Rights are associated with the actual text of the Constitution. Further, it enhances property scholarship by demonstrating how occupations can lead to more equitable property arrangements. This Article also advances the law-and-social-movement literature by outlining how the Internet and social media help social movements avoid some of the pitfalls of legal mobilization. Lastly, this Article demonstrates new ways social movements can advance American social and economic Rights in the technological age.

Lars Schonwald - One of the best experts on this subject based on the ideXlab platform.

  • 6 guaranteeing socio economic Rights through public private partnerships between host state and foreign investor the example of ghana s public Housing project
    2014
    Co-Authors: Lars Schonwald
    Abstract:

    One of the first public-private partnerships (PPPs) with regard to the Right to Housing was the so-called Ghanaian Housing Project. By ratifying the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the African Charter of Human and Peoples' Rights (ACHPR), Ghana has committed itself to guarantee the socio-economic Rights contained within the respective treaty. Both, the ICESCR and the ACHPR contain specific provisions relating to the Right to Housing. Whereas the Right to Housing is explicitly mentioned in Article 11 of the ICESCR, Articles 14 (Right to property), 16 (Right to health), 18(1) (Right to family life) and (Right of peoples to a general satisfactory environment) of the ACHPR can be interpreted as to comprise the Right to Housing as well. It is general possible to guarantee socio-economic Rights such as the Right to Housing through PPPs. Keywords: ACHPR; Article 11; Article 14; Article 16; Article 18(1); Ghana; Ghanaian Housing Project; ICESCR; public-private partnerships (PPPs); socio-economic Rights

  • 6 Guaranteeing Socio-Economic Rights through Public-Private Partnerships between Host State and Foreign Investor—The Example of Ghana’s Public Housing Project
    Frontiers of International Economic Law, 2014
    Co-Authors: Lars Schonwald
    Abstract:

    One of the first public-private partnerships (PPPs) with regard to the Right to Housing was the so-called Ghanaian Housing Project. By ratifying the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the African Charter of Human and Peoples' Rights (ACHPR), Ghana has committed itself to guarantee the socio-economic Rights contained within the respective treaty. Both, the ICESCR and the ACHPR contain specific provisions relating to the Right to Housing. Whereas the Right to Housing is explicitly mentioned in Article 11 of the ICESCR, Articles 14 (Right to property), 16 (Right to health), 18(1) (Right to family life) and (Right of peoples to a general satisfactory environment) of the ACHPR can be interpreted as to comprise the Right to Housing as well. It is general possible to guarantee socio-economic Rights such as the Right to Housing through PPPs. Keywords: ACHPR; Article 11; Article 14; Article 16; Article 18(1); Ghana; Ghanaian Housing Project; ICESCR; public-private partnerships (PPPs); socio-economic Rights

Tiffany M. Gardner - One of the best experts on this subject based on the ideXlab platform.

  • No shelter from the storm: reclaiming the Right to Housing and protecting the health of vulnerable communities in post-Katrina New Orleans.
    Health and human rights, 2009
    Co-Authors: Tiffany M. Gardner, Alec Irwin, Curtis W. Peterson
    Abstract:

    This article explores human Rights- and health-related aspects of the rebuilding process in New Orleans, Louisiana, USA, following the August 2005 assault of Hurricane Katrina. We look at the health and social impacts of post-Katrina redevelopment policies on New Orleans' poor Black communities. We describe systematic violations of poor Black residents' human Right to Housing, and we explore associations between these Rights violations and documented negative trends in community health. The article describes some of the ways that poor constituencies in New Orleans have organized to resist the destruction of their communities and to reclaim their Rights to adequate Housing, health, and dignity. Post-Katrina violations of the Right to Housing in New Orleans should be seen as part of a broader pattern in social policy and the control of urban habitats in the United States. Poor Black residents' struggle to assert their human Right to Housing has implications for the health of local communities and the credibility of democratic processes.