A/HRC/34/51/Add.2
Portugal developed the National Roma Communities Integration Strategy (2013-2020) (see
para. 70 above).
VI. Conclusions and recommendations
82.
Portugal has a strong foundation upon which to implement the right to
adequate housing as a central feature of a just and democratic society. Article 65 of
the Constitution, together with several housing laws and programmes, reflects a
general understanding of the importance of housing and some of the needs witnessed
in the sector. This has, however, been tempered by the financial crisis and the
measures subsequently taken to address it.
83.
The brunt of the austerity measures taken to revive the economy – such as the
downsizing of the public service and the withdrawal of the State from social
protection – has been borne disproportionately by those who were already living
below the poverty line or who were at risk of poverty.26 At the same time, the
measures have led to the emergence of the “new poor”, who face social exclusion
largely owing to the deterioration of their living conditions, and in particular housing;
formerly middle-class homeowners, with mortgages or utility arrears, pensioners or
persons who relied solely on a salary, and have lost their jobs.
84.
While there are signs of economic recovery, many people still face serious longterm challenges: unemployment, wage cuts (particularly in the public sector) and an
overall high risk of poverty, with direct consequences for their access to affordable
housing. The high degree of inequality affects everyone in the country, not only the
poorest. When inequality leads to housing exclusion, the sustainability of economic
recovery and the viability of policies and programmes implemented in its name are
called into question. At the same time, policies such as golden visas or short-term
tourist rentals should be strictly monitored and regulated to ensure they do not have a
negative impact on the affordability of housing and do not deepen inequality and raise
the possibility of housing exclusion.
85.
Some communities in Portugal live in particularly inadequate housing
conditions, such as the Roma and people of African descent. It is important to
recognize that, regardless of the economic conditions in the country, the right to
adequate housing must be legally protected and implemented, particularly for those in
vulnerable situations.
86.
In the light of the above conclusions, the Special Rapporteur recommends that
the national and subnational Governments:
(a)
Adopt a national housing framework law formulated in consultation
with all stakeholders and based on international human rights principles. Such a law
would provide consistency and coherence in the State’s housing policies and
programmes. It should include measureable goals and timelines, a focus on those in
vulnerable situations, and the distribution and coordination of responsibilities
between different levels of government, with effective monitoring, accountability and
claiming mechanisms. A national housing framework law of this type could guarantee
that the various policies and programmes in place reach populations experiencing the
worst housing disadvantage such as Roma, people of African descent, women fleeing
26
18
In 2015, 25.1 per cent of the population were considered at risk of poverty.