The right to housing in the light of the European Social Charter

Abstract

This paper is devoted to the analysis of the right to housing in the light of the European Social Charter. The said right is a fundamental human right of key importance recognised in the Constitutions of all European states and international human rights instruments. In the law of the Council of Europe, the European Social Charter (revised) establishes the right to housing in point 31 and specifies the corresponding duties of states parties to respect, protect, and fulfil this right in Article 31. The Charter is unique in being the only legally binding European instrument that contains provisions specifically and exclusively addressing the right to housing. Therefore, its role in establishing high standards of enjoyment of this right and strengthening the mechanisms of its protection in Europe is crucial, and the commitments taken by states with respect to Article 31 shall be perceived and implemented with greatest intensity and attention. Despite its fundamental importance, Article 31 is, unfortunately, the least accepted of the Charter's provisions. Additionally, the last conclusions of the European Committee of Social Rights concerning the right to housing reflect a relatively low degree of compliance with the provisions of Article 31. Therefore, encouraging broader acceptance of Article 31 and incenting states to improve their standards of protection of this right is an important challenge for the Council of Europe, which shall be actively pursued by the European Committee of Social Rights in the framework of all monitoring procedures, including the procedure on non-accepted provisions.