National Perspectives On Housing Rights

More than one billion people around the world do not have adequate housing. How far does human rights law help to remedy this problem? What measures must governments take to protect people against housing rights violations? What are the strengths and weaknesses of human rights law in the housing area? Is the current law enough, or are new laws necessary? These and many other questions are addressed in the various chapters contained in National Perspectives on Housing Rights. While most coverage of economic, social and cultural rights has tended to focus on international standards and principles, this book examines the more challenging question of how housing rights are implemented at the national and local level. Chapters from recognised housing rights practitioners from Brazil, Canada, India, Kenya, Mexico, Nigeria, Philppines, South Africa, the US and elsewhere provide some of the first national-level legal analyses of the implementation of housing rights standards recognised under international law. A foreword by Nelson Mandela and a preface by international legal scholar Professor Philip Alston provide interesting perspectives on the fundamental role of housing rights within the broader human rights field.

From the very first negotiations of the International Covenant on Economic, Social and Cultural Rights half a century ago to the present day, socio-economic rights have often been regarded as less enforceable than civil and political rights. The right to adequate housing, even though protecting one of the most basic needs of human beings, has not escaped this classification. Despite its strong foundations in international, regional and domestic legislation, many people are still deprived of one or more of the different key elements that comprise adequate housing. How, then, can international human rights theory and case law be developed into effective vehicles at the domestic level? Rather than focusing merely on possibilities for individualized relief through the court system, The Right to Housing in Law and Society looks into more effective socio-economic rights realization by addressing both conceptual and practical stumbling blocks that hinder a more structural progress at the national level. The Flemish and Belgian housing legislation and policy are used to highlight the problems and illustrate the pathways here presented. While first and foremost legal in its approach, the book also offers a more sociological perspective on the functioning of the right to housing in practice. It shows the latest state of knowledge on the topic and will be of interest to researchers, academics, policymakers and students in the fields of international socio-economic rights law and human rights law more generally.

This book is about the UN's role in housing, land, and property rights in countries after violent conflict.

Housing, land and property (HLP) rights, as rights, are widely recognized throughout international human rights and humanitarian law and provide a clear and consistent legal normative framework for developing better approaches to the HLP challenges faced by the UN and others seeking to build long-term peace. This book analyses the ubiquitous HLP challenges present in all conflict and post-conflict settings. It will bridge the worlds of the practitioner and the theorist by combining an overview of the international legal and policy frameworks on HLP rights with dozens of detailed case studies demonstrating country experiences from around the world. The book will be of particular interest to professors and students of international relations, law, human rights, and peace and conflict studies but will have a wider readership among practitioners working for international institutions such as the United Nations and the World Bank, non-governmental organizations, and national agencies in the developing world.

Title VIII of the Civil Rights Act of 1968, known as the Fair Housing Act, prohibited discrimination in the sale, rent, and financing of housing based on race, religion, and national origin. However, manifold historical and contemporary forces, driven by both governmental and private actors, have segregated these protected classes by denying them access to homeownership or housing options in high-performing neighborhoods. Perspectives on Fair Housing argues that meaningful government intervention continues to be required in order to achieve a housing market in which a person's background does not arbitrarily restrict access. The essays in this volume address how residential segregation did not emerge naturally from minority preference but rather how it was forced through legal, economic, social, and even violent measures. Contributors examine racial land use and zoning practices in the early 1900s in cities like Atlanta, Richmond, and Baltimore; the exclusionary effects of single-family zoning and its entanglement with racially motivated barriers to obtaining credit; and the continuing impact of mid-century "redlining" policies and practices on public and private investment levels in neighborhoods across American cities today. Perspectives on Fair Housing demonstrates that discrimination in the housing market results in unequal minority households that, in aggregate, diminish economic prosperity across the country. Amended several times to expand the protected classes to include gender, families with children, and people with disabilities, the FHA's power relies entirely on its consistent enforcement and on programs that further its goals. Perspectives on Fair Housing provides historical, sociological, economic, and legal perspectives on the critical and continuing problem of housing discrimination and offers a review of the tools that, if appropriately supported, can promote racial and economic equity in America. Contributors: Francesca Russello Ammon, Raphael Bostic, Devin Michelle Bunten, Camille Zubrinsky Charles, Nestor M. Davidson, Amy Hillier, Marc H. Morial, Eduardo M. Peñalver, Wendell E. Pritchett, Rand Quinn, Vincent J. Reina, Akira Drake Rodriguez, Justin P. Steil, Susan M. Wachter.

A transformative model for community social work rooted in basic social and economic rights is the basis of this timely Brief. With specific chapters spotlighting the rights to health care, nutritious food, and adequate and affordable housing, the book describes in depth the role of community practice in securing rights for underserved and vulnerable groups and models key aspects of rights-based work such as empowerment, participation, and collaboration. Case examples relate local struggles to larger regional and statewide campaigns, illustrating ways the book's framework can inform policymakers and improve social structures in the larger community. This rights-based perspective contrasts sharply with the deficits-based approach commonly employed in community social work, and has the potential to inspire new strategies for addressing systemic social inequality. Features of Human Rights-Based Community Practice in the United States: A conceptual basis for a rights-based approach to community practice. Detailed analysis of legal and social barriers to health care, housing, and food. Examples of effective and emerging rights-based community interventions. Methods for assessing the state of human rights at the community level. Documents, discussion questions, resource lists, and other valuable tools.

Having its origins in the process of transformation and land reform that began to take shape in South Africa at the end of the last century, this strikingly original analysis of property starts from deep inside the property regime and not from a distant or abstract perspective on property rules and practices. Focusing on issues of stability and change in a transformative setting and on the role of tradition and legal culture in that context, the book argues that a property regime, including the system of property holdings and the rules and practices that entrench and protect them, tends to insulate itself against change through the security- and stability-seeking tendency of tradition and legal culture, including the deep assumptions about security and stability embedded in the rights paradigm, rhetoric and logic that dominate current legal culture. The rights paradigm tends to stabilise the current distribution of property holdings by securing extant property holdings on the assumption that they are lawfully acquired, socially important and politically and morally legitimate. This function of the rights paradigm tends to resist or minimise change, including change brought about by morally, politically and legally legitimate and authorised reform or transformation efforts. The author's goal is to gauge the lasting power of the rights paradigm by investigating its effects in the margins of property law and of society, by establishing the actual efficacy and power of reformist or transformative anti-eviction policies and legislation aimed at the protection of marginalised and weak land users and occupiers in areas such as landlord-tenant law, eviction of unlawful occupiers of land and other restrictions on the landowner's power to enforce a stronger right to exclusive possession. Ultimately the book's aim is to explore the possibility of opening up theoretical space where justice-inspired changes to (or transformation of) the extant property regime can be imagined and discussed more or less fruitfully from an unusual perspective, a perspective from the margins which is valuable for any theoretical consideration or discussion of property.