Towards a legal conceptualisation of housing segregation
(2016) European Network for Housing Research 2016 Conference — Location: Belfast (United Kingdom) (28.June.2016)
Files
BenitoSanchez_ENHR2016.pdf
Open Access - Adobe PDF
- 251.78 KB
Details
- Authors
Benito Sanchez, Juan Carlos 
- Abstract
- Housing segregation is one of the major processes threatening the right to adequate housing of individuals and families. Whereas some international human rights instruments contain legal provisions seeking to combat this phenomenon, a lack of concretion as to the notion of segregation itself may ultimately limit their potential and effectiveness. Our proposal explores these conceptual shortcomings through the approach of two human rights instruments and their corresponding monitoring bodies. Firstly, the International Convention on the Elimination of All Forms of Racial Discrimination expressly prohibits segregation. According to the UN Committee on the Elimination of Racial Discrimination, this prohibition encompasses not only de jure but also de facto segregation, arising as a result of the conduct of private actors. Secondly, the European Social Charter contains no explicit mention of segregation, although the European Social Committee has developed it to a certain extent in its case law. Besides them, residential segregation has been widely studied by other social sciences such as sociology and urban studies, which can provide valuable insights to delimit this notion. Building on the above, the proposed contribution will show the profound implications that segregation entails for the right to housing and for housing law, and will delve into the elements, criteria and constraints that a legal conceptualisation of housing segregation demands.
- Affiliations
Citations
Benito Sanchez, J. C. (2016). Towards a legal conceptualisation of housing segregation. European Network for Housing Research 2016 Conference, Belfast (United Kingdom). https://hdl.handle.net/2078.5/179384