Mercy Law Resource Centre Rebecca Keatinge, Managing Solicitor A Right to Housing Mercy Law Resource Centre Rebecca Keatinge, Managing Solicitor A Right to Housing 30 January 2019

About Mercy Law Resource Centre Mercy Law Resource Centre (MLRC) is an independent law centre and registered charity MLRC services: free legal advice and representation, policy and advocacy work, befriending service, legal support and training MLRC clients: individuals who are homeless or at risk of homelessness, local authority and Approved Housing Body tenants, recipients of social housing support MLRC ethos: recognition of the dignity of each person, treatment with compassion and respect, enable achievement of full potential as human beings

MLRC work on the right to housing Trilogy of reports written and published by MLRC on the right to housing: The Right to Housing in Ireland, May 2016 The Right to Housing in Comparative Perspective, March 2018 Children and Homelessness – A Gap in Legal Protection, September 2018

1. What does the right to housing actually mean and where does it come from Article 11(1) of the International Covenant on Economic, Social and Cultural Rights “… the right of everyone to an adequate standard of living for himself and his family, including adequate good, clothing and housing and to the continuous improvement of living conditions.” United Nations Committee on Economic, Social and Cultural Rights: no narrow or restrictive interpretation of the right; “right to live somewhere in security, peace and dignity” UNCESCR recognises the following seven characteristics of the right: legal security of tenure, availability of services, materials, facilities & infrastructure, affordability, habitability, accessibility and location Explicit protections in several human rights instruments that Ireland is a signatory to; Ireland has ratified the ICESCR

2. What is the position domestically in relation to protection of the right to housing? Dualist state: international law is not binding without incorporation into domestic law; individuals cannot rely on provisions of international law in domestic courts Status of the European Convention on Human Rights, which is incorporated into domestic law Experience of MLRC legal practice: human cost of no protection and impact of the housing crisis Absence of any right to rely on, reliance on rights around the edges; clear gap in the law

3. But what would legal protection of the right to housing do in practice? No silver bullet: Acknowledge what it will not do – must be complemented with other meaningful policy and legal changes and be properly resourced “Proofing” of housing legislation and policy to ensure it reasonably protects the right to housing; law cannot be incompatible with the Constitution Practical examples of potential impact of the legal right to housing Constitutional protection preferred over statute; protection of fundamental rights A basic and enduring floor of protection

4. What about the position in other countries? MLRC second right to housing report examines the experiences in other countries including: Finland, Scotland, France, South Africa and Scotland Ireland would not be an outlier in protection the right to housing Common amongst well-functioning democracies; no ‘one size fits all’ model Legal protection of the right to housing is one condition; sufficient resourcing and political will are also conditions

Conclusion Public support for legal protection of the right to housing: 2014 Constitutional Convention 84% in favour; IHREC 2018 survey 82% believe that housing should be considered a human right Government position: referral to the Finance Committee; ‘social requirement’ in Rebuilding Ireland A fundamental protection as needed in any evolved, decent and humane society Home as central to the dignity of each and every person

Thank you Thank you for your consideration and your time. We look forward to the discussion today and in the future. Mercy Law Resource Centre 25 Cork Street, Dublin 8, Ireland www.mercylaw.ie