Articles producció científica> Antropologia, Filosofia i Treball Social

Derecho a la vivienda y emergencia habitacional en España: el rol de las Comunidades Autónomas

  • Identification data

    Identifier: imarina:9291502
    Authors:
    Victoria Forns i Fernandez, Maria
    Abstract:
    This paper studies the right to housing as an element of the Welfare State and the role that the Autonomous Commu-nities (Regional Spanish Governments) adopt in the enjoy-ment and warrant of this right. To this end, we first analyse housing as a Human right with regard to what Article 47 of the Spanish Constitution states and its interlinkage with other sectors or rights. Secondly, the competences of the Public Administrations in housing matters are studied and a review is made of the autonomous regional legislation on this subject, from the perspective of two main areas: the legislation on urban planning, land and building and the specific regional legislation on housing. The joint analy-sis of these two areas of the law aims to find the common grounds throughout four different fundamental elements: housing as a right, the conceptualisation of housing, the vulnerable groups and/or subject to special protection, and the public aid and other promotion measures that have been provided to guarantee the enjoyment of the analysed right. In third place, we focus on the specific regional legis-lation of the Autonomous Community of Catalonia, review-ing the different forms of public intervention when it comes to housing. Fourthly, other implemented measures as a con-sequence of the COVID-19 pandemic are also reviewed. To end, this paper comprises our concluding thoughts towards the matter from the perspective of the rights of the people to decent housing.
  • Others:

    Author, as appears in the article.: Victoria Forns i Fernandez, Maria;
    Department: Antropologia, Filosofia i Treball Social
    URV's Author/s: Forns Fernández, Maria Victòria
    Keywords: Welfare state Housing, housing crisis Housing crisis Housing Fundamental rights Autonomous communities
    Abstract: This paper studies the right to housing as an element of the Welfare State and the role that the Autonomous Commu-nities (Regional Spanish Governments) adopt in the enjoy-ment and warrant of this right. To this end, we first analyse housing as a Human right with regard to what Article 47 of the Spanish Constitution states and its interlinkage with other sectors or rights. Secondly, the competences of the Public Administrations in housing matters are studied and a review is made of the autonomous regional legislation on this subject, from the perspective of two main areas: the legislation on urban planning, land and building and the specific regional legislation on housing. The joint analy-sis of these two areas of the law aims to find the common grounds throughout four different fundamental elements: housing as a right, the conceptualisation of housing, the vulnerable groups and/or subject to special protection, and the public aid and other promotion measures that have been provided to guarantee the enjoyment of the analysed right. In third place, we focus on the specific regional legis-lation of the Autonomous Community of Catalonia, review-ing the different forms of public intervention when it comes to housing. Fourthly, other implemented measures as a con-sequence of the COVID-19 pandemic are also reviewed. To end, this paper comprises our concluding thoughts towards the matter from the perspective of the rights of the people to decent housing.
    Thematic Areas: Sociology and political science Political sciences and international relations Law Interdisciplinary research in the social sciences Interdisciplinar Dret Direito
    licence for use: https://creativecommons.org/licenses/by/3.0/es/
    Author's mail: mariavictoria.forns@urv.cat
    Author identifier: 0000-0003-3938-8172
    Record's date: 2024-07-27
    Papper version: info:eu-repo/semantics/publishedVersion
    Link to the original source: https://www.scielo.br/j/rinc/a/b7LSTC6hhv7Qq4tvGbyhyHy/#
    Licence document URL: https://repositori.urv.cat/ca/proteccio-de-dades/
    Papper original source: Revista De Investigações Constitucionais. 9 (3): 579-618
    APA: Victoria Forns i Fernandez, Maria; (2022). Derecho a la vivienda y emergencia habitacional en España: el rol de las Comunidades Autónomas. Revista De Investigações Constitucionais, 9(3), 579-618. DOI: 10.5380/rinc.v9i3.88558
    Article's DOI: 10.5380/rinc.v9i3.88558
    Entity: Universitat Rovira i Virgili
    Journal publication year: 2022
    Publication Type: Journal Publications
  • Keywords:

    Law,Sociology and Political Science
    Welfare state
    Housing, housing crisis
    Housing crisis
    Housing
    Fundamental rights
    Autonomous communities
    Sociology and political science
    Political sciences and international relations
    Law
    Interdisciplinary research in the social sciences
    Interdisciplinar
    Dret
    Direito
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