The problem is that these legal flights are remained theoretical

The concept of right to housing is twenty-five years old: since 1982, Quilliot Act says that the "right to housing is a fundamental right." In 1990, article 1 of Act Besson for the housing of disadvantaged persons adds that guarantee the right to housing is a "duty of solidarity for all of the nation". Anyone experiencing particular difficulties, due to the inadequacy of its resources, "right to assistance from the community for access to independent and decent housing and to maintain", adds the text which provides for the implementation of departmental action plans. In 2000, new stage: the local communities of a certain size are imposing a minimum target of 20 of social housing, with application of penalties for those who refuse to build.

The problem is that these legal flights are remained theoretical. The UMP deputies have tried by all means year last limit the obligation on municipalities to acquire of enough housing. Where the defended idea since 2002 by the High Committee for the housing of disadvantaged persons, led by Xavier Emmanuelli, to construct a right against.

That is a right against

Today, the right to education and the protection of health are so-called "enforceable": the State must provide education for children up to the age of 16. Marie-Noëlle Lienemann, former Minister of housing of the Jospin Government, made the comparison with Jules Ferry: while Commons had decided not to build a school in 1881 in the promulgation of the Act, only the requirement allowed children to be educated. Concerning housing, some 50 associations fighting poverty together with a platform to claim enforceable housing. They consider that the only constraint will provide have taken the necessary steps to produce social housing for the poor. A person seeking a social housing for a time considered "unusually long" homeless could assert its rights to justice.

Who would be responsible for

In his last report, the Committee indicates that the implementation of this right requires to designate a responsible political authority, and that it must be equipped with means to act. But he also admits that such a process can be implemented only gradually. The discussions are intense about on that because the ultimate responsibility: the Mayor of the commune, the head of the Commons or agglomeration community The associations will be very attentive to the nature of the sanctions. They notice that in the case of article 55 of the loi SRU requiring municipalities to build social housing, the State had the opportunity to act in place of the mayors, but that it never was, except recently in the case of Saint-Maur: last June, the prefect of the Val-de-Marne had launched a project of general interest on a ZAC (cooperative development area) of the city to force Mayor to build a housing. The case of Ile-de-France should be a specific treatment to the very large number of applicants for public housing. Finally, to avoid a clutter of the courts, an out-of-court redress procedure is proposed by the associations. It would be years before all these devices are effective and that an elected official could be eventually sentenced.

Are there any examples in other countries

In Scotland, only European region to have adopted this approach, the Homeless Act fixed aims to guarantee everyone a right to housing from the end of 2012. Funding is the responsibility of the Government, but the implementation is the responsibility of local authorities. Already, local communities must provide permanent accommodation to any claimant considered homeless as a priority and not became intentionally homeless. If it refuses an offer, the public authorities are not required him to another.