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Full-Text Articles in Law
Scotland: Delivering A Right To Housing, Fiona King
Scotland: Delivering A Right To Housing, Fiona King
Journal of Law and Social Policy
Discusses Scotland’s progressive homelessness legislation and the mechanisms through which this right to housing has been achieved. Also considers the substantial issues stemming from a lack of central government investment and the supply of social homes across Scotland to meet the legal commitment and the challenges for Scotland to continue to deliver on the right to housing.
A Road To Home: The Right To Housing In Canada And Around The World, Darcel Bullen
A Road To Home: The Right To Housing In Canada And Around The World, Darcel Bullen
Journal of Law and Social Policy
Collects papers presented at the Right to Housing symposium, “A Road to Home: The Right to Housing in Canada and Around the World” held in Toronto, 24 October 2013. Contributors speak to the various interventions and strategies used to actualize housing as a fundamental human right in South Africa, France, the United States, Scotland, and Canada, ranging from litigation, to community awareness building, to protests, and to lobbying. Also speaks to the challenges of enforcement of the right to housing once that right is recognized at law.
Fighting For The Right To Housing In Canada, Tracy Heffernan, Fay Faraday, Peter Rosenthal
Fighting For The Right To Housing In Canada, Tracy Heffernan, Fay Faraday, Peter Rosenthal
Journal of Law and Social Policy
This paper examines Tanudjaja v Attorney General—the “Right to Housing” case. The authors, co-counsel on the case, discuss the context of the case, the nature of the application, and the legal underpinnings of the section 7 and 15 Canadian Charter of Rights and Freedoms claims, including positive obligations under the Charter and international law, innovative procedure taking a systemic approach to challenging oppressive legislation, and innovative supervisory orders. The authors examine the procedural and substantive implications of the provincial and federal governments’ move to strike the case, parse the Ontario Superior Court of Justice and Ontario Court of Appeal decisions …
Charter Eviction: Litigating Out Of House And Home, Margot Young
Charter Eviction: Litigating Out Of House And Home, Margot Young
Journal of Law and Social Policy
The case of Tanudjaja v Attorney General (Canada) takes up the cause of housing rights under the Canadian Charter of Rights and Freedoms in a novel and complex way. The government actions and inactions cited as constitutional breaches and the broad remedial requests reflect the “pixelated” picture of housing concerns necessary to understanding Canada’s housing security crisis. In dismissing the challenge at a preliminary stage, the Ontario Superior and Appeal Courts risk rendering the Charter irrelevant to the deep social justice concerns that cross our country. More specifically, formulaic judicial invocation of concerns about positive rights and justiciability leave the …
Implementation Of Housing Rights In South Africa: Approaches And Strategies, Lilian Chenwi
Implementation Of Housing Rights In South Africa: Approaches And Strategies, Lilian Chenwi
Journal of Law and Social Policy
Ensuring access to adequate housing, especially for the poor and disadvantaged in society, including those faced with evictions and displacement, continues to be a global challenge. The situation remains critical in South Africa, with many poor households living in difficult conditions, facing the risk of eviction and unable to access adequate housing. This is despite the myriad of progressive housing laws, jurisprudence, policies and programs that exist in South Africa. Notwithstanding the challenges that the country faces in ensuring the effective realization of the right to adequate housing, as illustrated in this article, lessons can be learnt from its approaches …
The Right To Housing In France: Still A Long Way To Go From Intention To Implementation, Claire Lévy-Vroelant
The Right To Housing In France: Still A Long Way To Go From Intention To Implementation, Claire Lévy-Vroelant
Journal of Law and Social Policy
The goal of this essay is to examine the implementation of housing rights in France. Legislation adopted in March 2007 opened the possibility of an enforceable right, which can be asserted before a court. However, it also created new inequalities before the law. Indeed, the conditions required to access that right exclude people who do not have permanent residence or a valid temporary resident permit. The implementation of this right is also limited due to the lack of available housing, especially at Ile-de-France, and to competition between people with priority entitlements. The horrible fire at a furnished Parisian hotel in …
Do Us Proud: Poor Women Claiming Adjudicative Space At Cesr, Emily Paradis
Do Us Proud: Poor Women Claiming Adjudicative Space At Cesr, Emily Paradis
Journal of Law and Social Policy
Claiming Our Rights was a feminist participatory action research project based at Sistering, a Toronto drop-in for women facing homelessness. At weekly meetings over the course of eighteen months, members learned about social and economic rights, gave testimony on their lived experiences, and undertook actions to claim their rights. Among other initiatives, the group—which members named FORWARD—contributed a report on women’s homelessness to the 2006 review of Canada by the United Nations Committee on Economic, Social and Cultural Rights. This paper draws upon observations of the group’s process and in-depth interviews with participants to assess this human rights education methodology. …
Community Campaigns For The Right To Housing: Lessons From The R2h Coalition Of Ontario, Yutaka Dirks
Community Campaigns For The Right To Housing: Lessons From The R2h Coalition Of Ontario, Yutaka Dirks
Journal of Law and Social Policy
This paper describes the history of the Right to Housing (R2H) Coalition of Ontario and the role of the Advocacy Centre for Tenants Ontario (ACTO) within the Coalition. The R2H Coalition provided support to the applicants in the Right to Housing Charter Challenge. The Coalition also engaged in a variety of educational and community organizing activities in support of the right to housing and the creation of a federally funded affordable housing strategy. This paper, based on the author’s personal experiences within the R2H Coalition, examines how the adoption of community organizing principles could strengthen campaigns for systemic social change, …
Catherine Lennon's Story: Lessons From Front Line Advocacy On The Human Right To Housing, Rob Robinson
Catherine Lennon's Story: Lessons From Front Line Advocacy On The Human Right To Housing, Rob Robinson
Journal of Law and Social Policy
Discusses the United States housing crisis, where four and a half million families were foreclosed on between 2008 and 2013. Families who lacked universal or adequate health insurance, found the physical pain and suffering of a loved one was soon followed by the economic pain and suffering associated with the high costs of health care. The human reality of this suffering is reflected by the story of New York state resident Catherine Lennon. Ensuring the pay out to Bank of America was the law firm of Steven J. Baum, the notorious New York based foreclosure mill, which has since been …