Presentation of the Research Right of IDPs to Adequate Housing (Legal Opinions, Key Trends in Judicial Practice)
GYLA has been implementing project Innovative and Applicable Durable Solutions to Displacement, funded by the Swedish International Development Agency and implemented through the Danish Refugee Council.
On April 3, 2012, GYLA held a presentation of the research prepared in frames of the project and entitled Right of IDPs to Adequate Housing (Legal Opinions, Key Trends in Judicial Practice).
The research aimed at analyzing the legal mechanisms binding the state to ensure the right of IDPs to adequate housing. The report shows effectiveness of these mechanisms and offers and overview of the practice in national courts showcasing key trends in the right to housing.
The research showed that although recognizing the right of IDPs to adequate housing, national laws fail to expressly stipulate standards that must be met for housing to be considered adequate. Analysis of cases in the research suggests that frequently court offered pro forma interpretation of stipulations of the law; further, the fact that important aspects of the right to housing are not duly reflected in national mechanisms also proved to be problematic.
We believe that national legislation needs to be improved in order to create mechanisms that would allow due realization of the right to housing. In this respect, it is important
• For national normative acts reflect concrete criteria of adequate housing (in view of all of its aspects);
• For the state takes into account the place of integration and special needs of IDPs in the process of their settlement;
• For the legislation to regulate procedures for expulsion of IDPs harmonized with international standards, including allowing a reasonable time between submission of a police notice and the actual expulsion.
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