5
a) Legal basis of the right to housing
20.
The Tenancy Act, No. 89-462 of 6 July 1989, reads:
“Section 1: The right to housing is a fundamental right; it shall be exercised in
accordance with the laws to which it is subject.
This right implies freedom for all to choose a dwelling through the provision and
development of rented and owner-occupied sectors open to all social groups.
[…]”.
21.
The Right to Housing Act, No. 90-449 of 31 May 1990, reads:
“Section 1: Securing the right to housing is a duty for the entire nation.”
22.
Constitutional Council Decision No. 94-359 DC of 19 January 1995
on the Diversity of Housing Act reads:
“Considering that, by virtue of these principles, the opportunity for everyone to
have decent housing is an objective with the force of constitutional law” and “that
it is for Parliament and the Government to determine, in accordance with their
respective remits, arrangements for achieving this objective with the force of
constitutional law” [...].
23.
The Anti-Exclusion Act, No. 98-657 of 29 July 1998, as codified in
Article L.115-2 of the Social and Family Action Code, reads:
“Section 1: Combating exclusion is a national challenge, based on the principle of
equal dignity for all human beings, and is a national policy priority.
The Act seeks to ensure universal access to fundamental rights in the fields of
employment, housing, health, justice, education, training and culture, and family
and child protection.
Central government, local and regional authorities and other public bodies such
as municipal and joint municipal social services departments, social security
bodies and other social and medical institutions shall contribute to implementing
these principles.
They should implement policies designed to identify, prevent and remedy
situations that might lead to exclusion.
They shall take the necessary steps to inform everyone of the nature and extent
of their rights and help them, where necessary through personal assistance, to
complete the necessary administrative and social procedures in the shortest
possible time.”
b) The right to decent housing
24.
The Tenancy Act, No. 89-462 of 6 July 1989, reads:
“Section 6: The landlord shall provide the tenant with decent housing with no
manifest risks to the latter’s physical safety and health, fitted out in such a way as
to make it habitable.”