1. 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

2. 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

3. 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

4. 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

5. 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

6. 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

7. 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

8. Conclusion
Public support for legal protection of the right to housing: 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

9. 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