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Accès à la justice pour le droit au logement
- Organe
- Rapporteur spécial sur le logement convenable en tant qu'élément du droit à un niveau de vie suffisant
- Status juridique
- Droit souple non-négocié
- Type de document
- Rapport des procédures spéciales
- Année
- 2019
- Code du document
- A/HRC/40/61
Document
Analysis of two alternative housing policies: rental and collective housing
- Organe
- Rapporteur spécial sur le logement convenable en tant qu'élément du droit à un niveau de vie suffisant
- Status juridique
- Droit souple non-négocié
- Type de document
- Rapport des procédures spéciales
- Année
- 2013
- Code du document
- A/68/289
Document
Analysis of two alternative housing policies: rental and collective housing 2013, para. 2
- Paragraph text
- In the late 1970s, a dramatic shift occurred in housing policies, starting with North America and Western Europe, followed later by some countries in Latin America, Asia, Africa and by formerly planned economies. The shift, calling for the transfer of activities from State control to the private sector and for unrestricted markets, soon gained hegemony, shaping the policies of States, international financial institutions and development agencies. The effects of the approach on housing policies, hence, on the right to adequate housing and related human rights across the globe have been striking. The new role of the State as "enabler" led to creating conditions and institutions to support housing finance systems to promote homeownership under the neoliberal dogma of reliance on private property and market forces.
- Organe
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- N.A.
- Année
- 2013
Paragraphe
Analysis of two alternative housing policies: rental and collective housing 2013, para. 3
- Paragraph text
- Developed and developing countries have been steadily moving away from traditional supply-side assistance to demand-side housing policies. As a result, the financial sector and the private housing market became the primary mechanisms for allocating housing, by encouraging households to take credit, while the role of public housing and supply-side incentives has been gradually declining. Development assistance greatly influenced the expansion of market-based housing finance and boosted housing market activity in developing countries.
- Organe
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2013
Paragraphe
Analysis of two alternative housing policies: rental and collective housing 2013, para. 4
- Paragraph text
- A nearly unanimous belief in individual homeownership marginalized public rental housing; in many countries most of such housing was sold off. Similarly, the process led to radical changes in tenure structure; in many formerly planned economies owner-occupied housing now forms the bulk of the housing stock (for example, 96 per cent in Estonia and 77 per cent in Slovenia and more than 80 per cent in China). Even in countries where massive privatization did not occur, the ideological transfer of responsibility for the provision of housing to the market has been accompanied by the view that individual homeownership is the best tenure option and the centre of all housing policies. Some countries with a long tradition of broad-based social rental housing redefined their systems to promote ownership and "free market" principles. With subsidized accommodation less available, some households that might have otherwise rented were pushed towards homeownership.
- Organe
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Année
- 2013
Paragraphe
Analysis of two alternative housing policies: rental and collective housing 2013, para. 5
- Paragraph text
- In her previous report (A/67/286, paras. 10-13), the Special Rapporteur highlighted how the deregulation, liberalization and globalization of housing finance have had major implications for housing and urban development, eventually leading to the global affordability and housing crisis we are witnessing today. Housing costs are disproportionately affecting the poor and in Europe represent an average of 41 per cent of the income of people at risk of poverty. The affordability crisis is compounded by the erosion, neglect and liberalization of non-market mechanisms for allocating housing resources, such as rental housing (public and private) and different forms of cooperative and collective ownership, among others.
- Organe
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Poverty
- Année
- 2013
Paragraphe
Analysis of two alternative housing policies: rental and collective housing 2013, para. 6
- Paragraph text
- Paradoxically, side by side with the housing affordability and availability crises there is also a phenomenon of millions of empty or under occupied housing units, a clear reflection of the ineffectiveness of the current model. For illustration, there are nearly 1 million empty homes in the United Kingdom of Great Britain and Northern Ireland, of which 350,000 have been empty for more than six months; in the United States 14.2 million homes have been vacant for more than one year.
- Organe
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Humanitarian
- Année
- 2013
Paragraphe
Analysis of two alternative housing policies: rental and collective housing 2013, para. 7
- Paragraph text
- In her previous report, the Special Rapporteur analysed the main housing finance policies implemented as a means of facilitating access of the poorest to homeownership. The sections below summarize the main findings with regard to the impact of those approaches on the right to adequate housing of those living in poverty.
- Organe
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Type de document
- Special Procedures' report
- Thèmes
- Poverty
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2013
Paragraphe
Analysis of two alternative housing policies: rental and collective housing 2013, para. 8
- Paragraph text
- In recent years market-based housing finance has rapidly spread throughout the world, mainly targeting the more affluent segments of society that have had the initial capital to take a mortgage, profiting lenders through the payment of interest. Traditionally, mortgage finance has been considered unattainable for the poor owing to issues such as lack of land titles, low and erratic income and employment in the informal sector.
- Organe
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Type de document
- Special Procedures' report
- Thèmes
- Poverty
- Social & Cultural Rights
- Personnes concernées
- N.A.
- Année
- 2013
Paragraphe
Analysis of two alternative housing policies: rental and collective housing 2013, para. 9
- Paragraph text
- However, during the past two decades new mortgage products were designed specifically for borrowers with low incomes or poor credit history who were not eligible for regular mortgage finance, generating sub-prime loans. Although those lending policies were intended to enable access to credit for low-income households, they are extremely discriminatory: the poorer the credit taker, the higher the interest he/she has to pay. High-interest loans led to ever-increasing household indebtedness, economic insecurity, mortgage arrears and repossession rates. Poor households were forced to reduce expenditure on other essential needs, like food or medicines, in order to meet their housing debt.
- Organe
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Poverty
- Année
- 2013
Paragraphe
Analysis of two alternative housing policies: rental and collective housing 2013, para. 10
- Paragraph text
- The adverse effects of housing credit growth on affordability have also been visible at the macroeconomic scale. Wider access to mortgage loans resulted in higher and more volatile housing prices. Increasing dependence on mortgage credit, private institutions and connection to broader developments in the global capital markets has overexposed national housing systems to the turbulence of global finance, raising levels of debt and concentrating risks among individual households. Countries that adopted an open system of mortgages, based on subprime loans, easily granted credit and the securitization of mortgages, have seen a serious crisis since 2008.
- Organe
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2013
Paragraphe
Analysis of two alternative housing policies: rental and collective housing 2013, para. 11
- Paragraph text
- The discrepancy between income levels and soaring housing and rental prices coupled with increasing unemployment have led to more payment default, foreclosures and homelessness. These processes are exacerbated by the adoption of legal and institutional adjustments aimed at facilitating foreclosures, which have been promoted in recent years as "imperatives for developing a housing finance system". The crisis has disproportionately affected the poorest and most vulnerable, who were the last to join the mortgage markets and the first to suffer the consequences of the crises owing to their low resilience to economic shocks and low repayment abilities.
- Organe
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Poverty
- Personnes concernées
- N.A.
- Année
- 2013
Paragraphe
Analysis of two alternative housing policies: rental and collective housing 2013, para. 12
- Paragraph text
- A major component of the shift to demand-side housing policies has been the promotion of Government subsidies for privately produced residential units, mobilizing public resources and directing them to individual potential buyers with the idea of reducing Government intervention. The rationale behind the programmes is that low-income households will be able to finance their housing through the free market, with their own savings, assisted by a down-payment subsidy or a subsidized loan. Such types of subsidies include: (a) direct payments, either up front (to lower the amount of the loan, closing costs, down payment or insurance premium, or capital grant) or on a monthly basis; (b) subsidies tied to savings programmes; (c) interest-rate or interest-payment subsidies; (d) tax subsidies and exemptions tied to mortgage payments or real estate taxation. The last three types of subsidies are extremely costly, target mainly middle-income households and tend to have regressive effects (for example, in the United States the top 20 per cent of households earning over $ 100,000 per annum gain 75 per cent of the tax relief on mortgage payments). Such policies indirectly discriminate against low-income households, in particular when implemented as the main housing policy, since their cost to national budgets is often enormous, while they mostly benefit mostly the more affluent households (see A/67/286, paras. 34-37).
- Organe
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2013
Paragraphe
Analysis of two alternative housing policies: rental and collective housing 2013, para. 13
- Paragraph text
- The capital-grant-subsidy has been the most frequently promoted programme to target low-income households. The approach offers cash subsidies by private companies to cover part of the price of a dwelling for sale. The Chilean experience has been considered the model for other countries, widely replicated in Latin America (Brazil, Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Mexico, Panama, Peru and Venezuela (Bolivarian Republic of). Outside of Latin America, the capital-grant approach has been implemented on a large scale in South Africa since 1994.
- Organe
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2013
Paragraphe
Analysis of two alternative housing policies: rental and collective housing 2013, para. 14
- Paragraph text
- However, in the absence of land planning and regulations, a large amount of subsidies available in the housing market has led to significant increases in land and housing prices, a general problem of affordability for low-income households and long waiting lists.
- Organe
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Type de document
- Special Procedures' report
- Thèmes
- Social & Cultural Rights
- Année
- 2013
Paragraphe
Analysis of two alternative housing policies: rental and collective housing 2013, para. 15
- Paragraph text
- Problems have also emerged with regard to the location of housing units, some exacerbating exclusion and segregation. In countries like Chile, subsidized housing developments were built in the urban periphery where land costs were lowest, but which lacked adequate infrastructure, schools, health facilities, transportation and employment opportunities and were characterized by low habitability.
- Organe
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Type de document
- Special Procedures' report
- Thèmes
- Social & Cultural Rights
- Année
- 2013
Paragraphe
Analysis of two alternative housing policies: rental and collective housing 2013, para. 16
- Paragraph text
- Pursuant to articles 2 and 11 of the International Covenant on Economic, Social and Cultural Rights, and from a human rights perspective, Governments are required to make effective use of their available resources to ensure the enjoyment of the right to adequate housing, including by prioritizing the poorest. That obligation implies more than a roof since the right to housing entails access to an array of services and facilities that guarantee an adequate standard of living. Capital-grant subsidies have had a narrow focus on reducing only the quantitative deficits of houses without adequately incorporating a human rights view. In that sense, they have failed to address broader aspects of habitability, location, availability of services and infrastructure and non-discrimination. As one commentator observed, the new stock of subsidized housing often created a greater housing problem: "the problem of those 'with roofs'".
- Organe
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2013
Paragraphe
Analysis of two alternative housing policies: rental and collective housing 2013, para. 17
- Paragraph text
- Until the 1980s, slum dwellers and the urban poor had not been a target for financial services. However, in the 1980s private financial investors came to regard the poor as "bankable", and in the past 10 years, a growing number of housing microfinance programmes emerged offering loans to low-income households. Housing microfinance loans are much smaller than mortgages, are typically granted for shorter terms and are used mainly to finance progressive improvements to housing (for example, building sanitary amenities) and expansions to an existing dwelling.
- Organe
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Poverty
- Année
- 2013
Paragraphe
Analysis of two alternative housing policies: rental and collective housing 2013, para. 18
- Paragraph text
- Most housing microfinance initiatives originate in developing countries and emerging markets - Latin America, Asia and, to a lesser extent, in Africa. Although microfinance agency interest rates are typically lower than those of informal moneylenders, they are much higher (between 20 and 50 per cent) than those charged by formal financial institutions and have much shorter maturities. The poorer the client, the more likely the housing microfinance agency will attempt to manage default risk by reducing the size as well as the time over which the client must repay the loan and by increasing the interest rate. The use of floating rates of interest also leads to increases over the repayment period, sometimes up to double the original rate. It is therefore questionable whether housing microfinance fosters housing affordability for the urban poor or whether, in some cases, it leads to increased indebtedness.
- Organe
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Poverty
- Personnes concernées
- N.A.
- Année
- 2013
Paragraphe
Analysis of two alternative housing policies: rental and collective housing 2013, para. 19
- Paragraph text
- The small scale and the nature of most housing microfinance programmes, in particular their focus on profitability, prevent them from addressing other central aspects of the right to adequate housing - tenure security, location, infrastructure and the availability of services.
- Organe
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Type de document
- Special Procedures' report
- Thèmes
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2013
Paragraphe
Analysis of two alternative housing policies: rental and collective housing 2013, para. 20
- Paragraph text
- Housing finance policies based on credit for homeownership are inherently discriminatory against lower-income households and, at their best, promote affordable access for upper- and middle-income groups. Housing finance policies often "redline" the poor, who are required to pay much higher prices for financial services, exposing them to financial risks and indebtedness. At the same time, housing finance policies tend to focus solely on access to a roof while failing to effectively and comprehensively address the various elements of the right to adequate housing: location, access to infrastructure and services, habitability, cultural adequacy and security of tenure. At the macro level, the disproportionate use of such policies has contributed to price volatility and to the ongoing housing affordability and availability crises.
- Organe
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Equality & Inclusion
- Poverty
- Personnes concernées
- All
- Année
- 2013
Paragraphe
Analysis of two alternative housing policies: rental and collective housing 2013, para. 21
- Paragraph text
- By contrast, countries that have adapted a more balanced housing policy, by encouraging a variety of tenure forms, such as Austria, Germany, and Switzerland, have suffered little from the recent property crises. According to Housing Statistics in the European Union 2010 and Eurostat 2010, 40 per cent of the population in Austria rents and 56 per cent owns their dwellings; 54 per cent of the population in Germany and 56.1 per cent in Switzerland are tenants. Such examples demonstrate that the division between the various forms of tenure and housing policies is not a "natural" or necessary choice but rather influenced by State intervention and regulation of the housing sector through the use of its available resources as well as through legislation and policies, including fiscal, taxation and subsidy measures.
- Organe
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2013
Paragraphe
Analysis of two alternative housing policies: rental and collective housing 2013, para. 22
- Paragraph text
- The sections below provide a review of alternative housing policies for the urban poor that have been largely ignored by States in recent years - rental arrangements and collective and tenure - while analysing their compatibility with the promotion of the right to adequate housing of those living in poverty.
- Organe
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Poverty
- Social & Cultural Rights
- Année
- 2013
Paragraphe
Analysis of two alternative housing policies: rental and collective housing 2013, para. 23
- Paragraph text
- As mentioned earlier in the report, the availability of public rental housing in many developed countries has diminished substantively or disappeared altogether. Most developing countries have never had a substantive stock of public housing, and those that have privatized it. A partial exception is the Republic of Korea where, in 2002, the Government announced a plan to build 1 million public housing units for rent over the next decade. Similar attempts have been made in recent years in Indonesia as part of a national programme for 1,000 Towers, some of which were intended for low-cost rental apartments (rusunawa), albeit with mixed results.
- Organe
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- N.A.
- Année
- 2013
Paragraphe
Analysis of two alternative housing policies: rental and collective housing 2013, para. 24
- Paragraph text
- In recent years, some Governments have looked towards non-profit organizations to provide housing for the poor and to limit Government involvement in the housing sector. Such institutions range from charities and housing associations to educational bodies. However, the social housing sector is substantive only in a handful of countries, mainly in Western Europe. As a result of cuts in funding to public housing and the ongoing global economic and financial crisis, waiting lists for social housing are increasing and the provision of affordable housing is not sufficient to keep up with the demand. In England, housing waiting lists augmented by 76 per cent between 2000 and 2011; in France 1.2 million applicants are registered on waiting lists for social housing, and in Italy there are 630,000.
- Organe
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Personnes concernées
- N.A.
- Année
- 2013
Paragraphe
Analysis of two alternative housing policies: rental and collective housing 2013, para. 25
- Paragraph text
- Despite the decline in support for rental housing, the absolute number of tenants worldwide is rising. Across the world, approximately 1.2 billion people (around one third of the urban population and one sixth of all people in the world) live in rented accommodation, the great majority in towns and cities. In many European countries the private rental sector, including informal, is playing a growing role for the poor, owing to inadequate access to social housing and greater constraints in accessing ownership. In developing countries, the largest proportion of tenants is in urban Africa; in Asia, tenants comprise approximately one third of the urban population.
- Organe
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Poverty
- Social & Cultural Rights
- Personnes concernées
- N.A.
- Année
- 2013
Paragraphe
Analysis of two alternative housing policies: rental and collective housing 2013, para. 26
- Paragraph text
- Rental arrangements provide a range of options to low-income households in terms of location, improved mobility (particularly related to employment opportunities) and flexibility in terms of dwelling type (smaller or shared units that are not available in other tenure forms). Rental tenure enables low-income households to avoid house price risks, indebtedness and exposure to falling capital values and carries a lower transaction cost than homeownership. Rental housing also provides a regular additional source of income for low-income small landlords, which can serve as a safety net against precarious employment or as a form of pension after retirement and old age. This is particularly important in the case of low-income settlements. However, construction of extensions for renting purposes is often discouraged by planning regulations and stringent building standards.
- Organe
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Type de document
- Special Procedures' report
- Thèmes
- Social & Cultural Rights
- Année
- 2013
Paragraphe
Analysis of two alternative housing policies: rental and collective housing 2013, para. 27
- Paragraph text
- The access of poor households to rental housing is currently impeded by costs, mainly as a result of rising rent prices and a shortage of affordable rental housing. More and more households in Europe are facing difficulties in paying the rent (3.8 per cent of Europeans, and 8.6 per cent of those with income below 60 per cent of the median national income). Rent affordability issues are more widespread in developing countries where rental housing is even less available. The rent-to-income ratio for African cities is more than twice that of cities in high-income countries at 39.5 per cent of income.
- Organe
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Equality & Inclusion
- Poverty
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2013
Paragraphe
Analysis of two alternative housing policies: rental and collective housing 2013, para. 28
- Paragraph text
- Significant increases in the supply of private rented housing are therefore necessary to help empower lower income tenants in the rental market and relieve affordability problems. In addition, demand-side policies are required to increase the affordability of the rental sector for the poor. Although most Governments have focused their efforts on increasing individual homeownership, there are some good examples of supply- and demand-based policies aimed at encouraging the small-scale private rental sector and increasing rent affordability for low-income households. Such interventions include taxation, direct or indirect subsidies, and regulation. State policies towards the informal rental sector also affect the accessibility of the poorest to rental arrangements.
- Organe
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Type de document
- Special Procedures' report
- Thèmes
- Poverty
- Personnes concernées
- N.A.
- Année
- 2013
Paragraphe
Analysis of two alternative housing policies: rental and collective housing 2013, para. 29
- Paragraph text
- The tax treatment of private rental investment is a critical factor in either stimulating (Australia, France, Germany, the Netherlands, and New Zealand) or discouraging it (United States and Canada). Taxation for other tenure investment options also has an influence on the rental sector: favouring tax deduction or exemptions for homeownership (including non-taxation of capital gains and mortgage interest deductibility) encourages it, undermining the attraction of rental investment.
- Organe
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2013
Paragraphe