This book examines the right to adequate housing as a solution to the polycrises of availability, affordability, adequacy and stability in property. Chapters analyse how the right to housing can be measured and what it means for a human right to make a change in domestic settings.
Combining quantitative research and legal scholarship, the book assesses the recognition of the right to housing in international and domestic legislation and case law. The expert contributors compare the impact of housing rights across the globe, including in Ireland, South Africa, Spain and the United Kingdom. This book provides new methodological and theoretical insights into the future of resolving issues of insufficient housing supply, soaring costs and increasing insecurity of tenure.
The Impact of the Right to Housing in Times of Crisis is greatly beneficial to scholars and students of property and human rights law, alongside researchers in law and social sciences. It is also a valuable resource for practitioners and policymakers working in housing.
This book examines the right to adequate housing as a solution to the polycrises of availability, affordability, adequacy and stability in property. Chapters analyse how the impact of the right to housing can be measured and what it means for a human right to make a change in domestic settings.
Contents
1 The influence of the right to housing 1
Michel Vols, Emma Nic Shuibhne and Andrei Quintiá-Pastrana
2 Making it matter: Understanding the impact of the right to
housing 37
Malcolm Langford
3 The impact of the right to adequate housing and the need for
reliable structural indicators: First things first 62
Michel Vols
4 Building on Grootboom: Towards a judicial review of the
reasonableness of housing law and policy 81
Christoph U. Schmid
5 Stuck in between law and politics?: Understanding the impact
of the right to housing as a right of migrants and refugees in
international law 98
Serde Atalay
6 Vulnerability and the right to housing: Reconceptualizing the
vulnerability reasoning of the ECtHR under Article 8 ECHR 117
Matej Sedlár
7 Assessing the impact of housing rights struggles 145
Mark Jordan
8 The impact of the right to housing in Ireland 166
Padraic Kenna
9 Foregrounding administrative justice within a right to
housing: Justice, rights and vulnerabilities 186
Fiona Donson
10 Denial of rights: Irelands systemic undermining of culturally
appropriate accommodation rights for Travellers 209
Samantha Morgan-Williams
11 The impact of European Union law on the Spanish Housing
Act of 2023 and the need and legal possibility of a stronger
European role in the field of housing 229
Juli Ponce
12 The new and first central-state Spanish housing law in
democracy: A missed opportunity after years of erratic
multilevel housing policies 250
Héctor Simón Moreno
13 Administrative vulnerability challenges the right to housing
in Spain 272
Alba Nogueira López
Edited by Michel Vols, Emma N. Nic Shuibhne, Faculty of Law, University of Groningen, the Netherlands and Andrei Quintiá Pastrana, Universidade de Santiago de Compostela, Spain