L’homme n’habite plus vraiment, il s’abrite. Habiter exige une « part de monde » propre à l’individu afin que se réalise l’évènement de demeurer. Le droit au logement rend compte d’une exigence démocratique qu’il convient de prendre au sérieux au sein des sociétés française et italienne. Elle se manifeste inévitablement comme l’expression d’une certaine ouverture du droit positif au présent, le droit ne pouvant rester aveugle à ce qui l’entoure. L’individu questionne constamment ses ressources lorsque ces dernières ne suffisent pas ou plus à lui assurer une existence digne et se tourne le cas échéant vers la solidarité nationale afin d’y remédier. Il convient dès lors de s’interroger sur la consistance normative du droit au logement en droit comparé au regard de la convergence de ses sources internationales et nationales. Cet enrichissement donne corps à une mise en œuvre selon le principe de subsidiarité opérée par les acteurs les plus proches de la misère sociale à qui il revient en définitive de traduire la signification du droit au logement. / Man no longer truly lives somewhere, he shelters. To live somewhere would entail a “part of the world” belonging to the individual in order for the évènement de demeurer to arise. The right to adequate housing conveys a democratic requirement that must be taken seriously. This requirement reveals itself inevitably as an expression of a certain openness of positive law to the present, the law being unable to ignore its surroundings. The individual constantly questions his resources when they are insufficient or no longer ensure a dignified existence and turns, if needs be, to national solidarity as a remedy. Consequently, it is important to analyse the normative substance of the right to adequate housing in the light of the convergence of its international and national sources. This enrichment furthers the application of these norms, by the principle of subsidiarity, by the actors closest to the social misery upon whom it bears to give meaning to the right to adequate housing.

No abstract available. / Dissertation (LLM)--University of Pretoria, 2012. / gm2014 / Centre for Human Rights / unrestricted

近年來，因房價急速攀升，居住困難的問題在台灣各都會區越形嚴重，為緩解此一現象，保護人民居住的權利，只租不賣的社會住宅成為政府住宅政策的焦點之一，且受到社會大眾的廣泛討論。本文使用文獻分析法爬梳台灣歷來的住宅政策，以及主導這些政策的意識型態，發掘形塑台灣社會住宅論述的主要成因。並對房地產業從業人員、民間從事土地與住宅之社會運動者及政府相關部門公職人員進行深度訪談，以不同角度交互印證前述文獻分析的結果，同時，以台北市和新北市為例，探討台灣實際執行社會住宅政策以來，其發展的現況、面臨的困境與批評，以及可能的解決之道。研究結果顯示，台灣社會住宅論述形成的原因，是由於台灣既有的住宅持有分配不均與住宅市場失靈，造成人民居住權受到壓迫，進而產生一種新型態的住宅提供之訴求，此訴求可視為對原有自由主義市場經濟主宰住宅分配的反動。台灣目前主要推行社會住宅政策的區域為居住困難情形最嚴重的台北市與新北市，其面臨的主要批評有數量少、租金高、租期短、承租對象年齡侷限等，而在政策實施上面臨的困境則有興建經費不足、政府資源分配不均、周邊社區鄰避效應處理與營運管理維護等問題。政府必須著眼於改善現行社會住宅政策的困境與批評，方能使社會住宅政策更臻完善，並能藉此達到落實居住正義之效。 / In recent years, the dramatic increase in house price has led to difficulties for dwellings to serve their own housing needs in the metropolitan area in Taiwan. Social housing therefore becomes a vital policy, in hope of easing the stress on the difficulties of housing needs and moreover, reserving the civilian’s right of habitation. This study is composed of two major parts: literature review and interview. The literature review provides the background and framework of housing policies in the past, identifies the ideologies that formulated the policies, and concludes the main factors that develop the discourse of social housing in Taiwan. The second part of the study reinforces the attributions of the literature review based on the statement and experience of the interviewees. The group of interviewees consists of chief executive form a construction company, real estate agent, social activists with awareness on land and housing issues, and civil servants involved in social housing affairs. The different perspectives presented by the interviewees explain the development of social housing, bring up the criticism and predicament on the topic, and contribute in discovering solutions for the difficulties of housing needs. The findings of this study indicate that housing inequality and housing market failure has underlain the discourse of social housing. The exploitation on the right of habitation has raised the appeal for social housing, which can also be suggested as a counteraction to the housing distribution dominated by free market. In Taiwan, social housing policy is mainly enacted in Taipei City and New Taipei City, which suffer most from the difficulties of housing needs. However, there are drawbacks that impede the promotion of this policy: lack of fund for construction, inequality on governmental resource, NIMBY in the community, and maintenance for sustaining operation. In addition, arguments about insufficient availability, unaffordable rent, short tenure and age restrict on tenants are also powerful against the policy. To conclude, the government should try to ensure that the system is designed in the way to minimize the disadvantages, which merits achieving social housing policy aim: reserving the civilian’s right to adequate housing.

This study explores how notions of social justice are reflected in municipal rhetorics on housing provision in Berlin and Stockholm, as well as how they resonate with ensuring the right to adequate housing for all. The study also examines how the interpretation of the justice perspective within housing provision differs among the two cities and how such variances can be understood in relation to the cities’ pursued housing regimes. The study’s results indicate that both cities devote a significant amount of attention towards redistributive measures, however, their interpretation of a socially just provision of housing varies. This manifests itself most prominently in the different preferences regarding universal and selective approaches within housing provision. While Stockholm aspires to promote access to adequate housing for everyone, Berlin, on the other hand, pursues a more selective approach by explicitly focusing on providing affordable housing to lower-income groups. Accordingly, the two cases also represent an ideological divergence in their perceptions of what is seen as socially just in regards to what instruments and approaches ought to be used for ensuring everyone’s right to adequate housing. Hence, the study contributes to a better understanding of the contextual variations in the application of the justice perspective within housing provision in Stockholm and Berlin.

The central hypothesis of this thesis is that the universal fundamental right to adequate housing must be equally enforced by all states irrespective of its non-entrenchment as a constitutional, legislative and/or policy entitlement. Despite being a minority, poor Canadians still face the same sordid living conditions that the majority are experiencing in South Africa and India. If a developed country such as Canada, despite its available resources and housing policies, and, similar to South Africa and India as third world countries, fails to improve the poor’s standard of living, the right to adequate housing will remain a distant dream for many. Any housing implementation strategy must be able to reduce housing backlogs, eradicate homelessness and slums and in general improve the poor’s standard of living. The thesis considers the diverse implementation strategies of the right to adequate housing as adopted by South Africa, Canada and India and reveals how each country has experienced systemic challenges. Against the background of international and regional human rights obligations, key issues are investigated to determine how to properly implement, enforce and monitor the right, include the role of a constitutionally entrenched right, the adoption of a housing legislative and/or policy measures, the role of the judiciary, (in)action on the part of government and the part played by national human rights commissions. While each of these three countries approaches the issue in their own unique way, and each country makes its own contribution, what is required is a coordinated and multi-faceted housing implementation system. Although the point of departure was to determine what South Africa could learn from Canada and India, the conclusion is that both Canada and India can draw inspiration from South Africa. Nevertheless, the main conclusions are that South Africa must urgently conduct a comprehensive review of its regressive 20 year housing implementation strategy and India’s 61 years five year plans. The Canadian judiciary should be looking at ways to enforce the right within the Canadian Charter as well as its domestic legislation to include ‘social condition’ as a discrimination ground. While both Canada and India must review their housing policies their judiciaries should be evaluating the history of homelessness and the reasonableness of their adopted housing policies. / Private Law / LLD

The central hypothesis of this thesis is that the universal fundamental right to adequate housing must be equally enforced by all states irrespective of its non-entrenchment as a constitutional, legislative and/or policy entitlement. Despite being a minority, poor Canadians still face the same sordid living conditions that the majority are experiencing in South Africa and India. If a developed country such as Canada, despite its available resources and housing policies, and, similar to South Africa and India as third world countries, fails to improve the poor’s standard of living, the right to adequate housing will remain a distant dream for many. Any housing implementation strategy must be able to reduce housing backlogs, eradicate homelessness and slums and in general improve the poor’s standard of living. The thesis considers the diverse implementation strategies of the right to adequate housing as adopted by South Africa, Canada and India and reveals how each country has experienced systemic challenges. Against the background of international and regional human rights obligations, key issues are investigated to determine how to properly implement, enforce and monitor the right, include the role of a constitutionally entrenched right, the adoption of a housing legislative and/or policy measures, the role of the judiciary, (in)action on the part of government and the part played by national human rights commissions. While each of these three countries approaches the issue in their own unique way, and each country makes its own contribution, what is required is a coordinated and multi-faceted housing implementation system. Although the point of departure was to determine what South Africa could learn from Canada and India, the conclusion is that both Canada and India can draw inspiration from South Africa. Nevertheless, the main conclusions are that South Africa must urgently conduct a comprehensive review of its regressive 20 year housing implementation strategy and India’s 61 years five year plans. The Canadian judiciary should be looking at ways to enforce the right within the Canadian Charter as well as its domestic legislation to include ‘social condition’ as a discrimination ground. While both Canada and India must review their housing policies their judiciaries should be evaluating the history of homelessness and the reasonableness of their adopted housing policies. / Private Law / LLD