Dáil urged to incorporate constitutional right to housing

An independent law centre has urged TDs to prioritise the introduction of a constitutional right to housing.

Mercy Law Resource Centre (MLRC), which provides free legal help for those who are facing homelessness, gave evidence to the Oireachtas committee on housing and homelessness yesterday.

Maeve Regan, MLRC’s managing solicitor, said: “A right to housing in the Constitution would not mean the right to a key to a home for all.

“A Constitutional right to housing would however put in place a basic floor of protection. It would require the State in its decisions and policies to protect the right to housing in balance with other rights.”

MLRC told the committee that a right to housing is recognised in the constitutions of Belgium, Finland, Greece, the Netherlands, Portugal, Spain and Sweden, and in the legislation of Austria, France, Germany, Luxembourg, and the United Kingdom.

The right to adequate housing is provided for in the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, and the European Social Charter.

In 2014, the Constitutional Convention set up by the Government and made up of citizens from across the country, voted by 82 per cent in favour of the protection of the right to housing in the Constitution.

Speaking before the committee, Ms Regan said: “A right to housing in the Constitution would mean that the courts could look at the State decision or policy as to whether it was ‘proportionate’ by reference to the right. It would mean that Government and State policies and actions would have to respect the right.

“The right to housing would help those who are facing homelessness now and would be a fundamental safeguard against the recurrence of this gravely unacceptable crisis.

“It would recognise that a home is central to the dignity and possibility of every person.”