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The rights we live in: protecting the right to housing in Spain through fair trial, private and family life and non-retrogressive measures

Lookup NU author(s): Dr Koldo Casla

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This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License (CC BY-NC-ND).


Abstract

This article offers a two-line strategic approach to tackle the housing crisis in Spain from a human rights perspective. First, it advocates changes to the mortgage repossession procedure based on the principles of proportionality and reasonableness of the right to private and family life. And second, it operationalises the meaning of the general prohibition of retrogressive measures on economic, social and cultural rights by looking at five policy measures adopted in recent years. These measures and their consequences show that social austerity is incompatible with states' obligation to respect, protect and fulfil the right to housing.


Publication metadata

Author(s): Casla K

Publication type: Article

Publication status: Published

Journal: The International Journal of Human Rights

Year: 2016

Volume: 20

Issue: 3

Pages: 285-297

Print publication date: 16/09/2015

Online publication date: 16/09/2015

Acceptance date: 01/07/2015

Date deposited: 22/11/2017

ISSN (print): 1364-2987

ISSN (electronic): 1744-053X

Publisher: Taylor and Francis

URL: https://doi.org/10.1080/13642987.2015.1073716

DOI: 10.1080/13642987.2015.1073716


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