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El derecho a la vivienda y los derechos de vivienda: Adopción y eficacia en Inglaterra y Francia [The right to housing and housing rights: Enforceability and effectiveness in England and France]

Lookup NU author(s): Dr Jane Ball

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Abstract

France and England are close and do extremely similar things, but their differences in the area of rights, particularly housing rights, are structural. These go back to the serious schisms of the French revolution and the Napoleonic Wars. These differences cannot be dismissed as functionally similar because they have an effect on the perception and effect of rights.The English assumption has been historically that a right is something that is enforceable whilst in France this can be a range of things from an enforceable right to simply a policy. You can see this in the French right to housing which is enforceable for some classes of people who can apply for priority in access to social housing, as in England. However, the right to housing also covers urban planning policy and the extent of tenants' rights, which means that this is a holistic framework for most things that have to do with housing. This paper looks at the difference in approaches to the purpose of social housing. English traditional approaches are to house those in need, whilst the French approaches are wider, recently increasing the focus on disadvantaged people. The French right to housing has to battle opposing principles such as property, social mix and equality, in the sense that all should access housing. Both systems have run into practical difficulties.


Publication metadata

Author(s): Ball J

Publication type: Article

Publication status: Published

Journal: Revista de Derecho Urbanístico y Medio Ambiente

Year: 2015

Volume: XLIV

Issue: 287

Pages: 89-122

Print publication date: 30/04/2015

Online publication date: 30/04/2015

Date deposited: 23/07/2015

ISSN (electronic): 1139-4978

Publisher: RDU Revistas Especialidas SL

URL: http://cld.bz/ozTPWya#87

Notes: Article published in English and Spanish


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