22
iii.
The subject of the complaint.
56. The Committee considers that, in substance, the complaint includes the
following aspects:
-
alleged violation of Article 31§2, because of the eviction
procedures and their application;
alleged violation of Article 31§3:
-
. because of the inadequate supply of affordable housing,
. because of the methods used to allocate social housing to the
least well off,
. because of the inadequate remedies in response to excessive
waiting times for allocation of housing;
alleged violation of Article 31 in conjunction with Article E;
alleged violation of Article 16;
alleged violation of Article 30;
alleged violation of Article 30 in conjunction with Article E.
SECOND PART: ON THE ALLEGED VIOLATION OF ARTICLE 31 OF THE
REVISED CHARTER
57.
Article 31 of the Revised Charter reads as follows:
“ Part I: Everyone has the right to housing.”
“ Part II: With a view to ensuring the effective exercise of the right to housing, the
Parties undertake to take measures designed:
1. to promote access to housing of an adequate standard;
2 to prevent and reduce homelessness with a view to its gradual elimination;
3. to make the price of housing accessible to those without adequate
resources.”
A. Preliminary comments
a) Scope of Article 31
58.
The Government argued strongly in its written submissions and at the
hearing that the Charter's provisions on the right to housing, in particular
Article 31, only imposed on states an obligation of means. In other words, so
long as suitable measures were taken with a view to securing the right to
housing, the situation would be in conformity with the Charter.
59.
The Committee agrees that the actual wording of Article 31 of the
Charter cannot be interpreted as imposing on states an obligation of “results”.
However, it notes that the rights recognised in the Social Charter must take a
practical and effective, rather than purely theoretical, form (International
Commission of Jurists v. Portugal, Complaint No. 1/1998, decision on the
merits of 9 September 1999, §32).
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