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The Study Of The Right To Adequate Housing And The National Obligation

Posted on:2016-12-18Degree:MasterType:Thesis
Country:ChinaCandidate:H ChenFull Text:PDF
GTID:2296330470954155Subject:Constitution and Administrative Law
Abstract/Summary:
In2004,"the state respects and safeguards human rights" was written solemnly into the constitution, with the increased awareness of rights, more and more people begin to look at the meaning of owing rights and the changes that rights bring to their lives. As an important human rights, the right to adequate housing plays an indispensable role in people’s life and the social dignity of human being. According to the UN "general comment no.4:right to adequate housing, the right to adequate housing should be sufficient and enough.After the cognition of the right to adequate housing, this article will obey the reality of China and discuss the relationship between the national obligations and the realization of the right to adequate housing. Our house trading market started later than any other country in China; housing security system still has some problems. The security system is not perfect and the related policy to housing norms has a strong administrative color. In practice, the housing market pays too much attention to the economic value of housing and the state ignored the social value of housing. High housing prices have affected the citizen to obtain housing. It is important for poor people to obtain housing. We need to take the housing problem seriously. According to the actual situation of our country, combining with the action list of housing rights that UN-HABITAT provides and other international experience, this article tells us "in order to make people’s housing rights to come true, our country should fufill the negative and positive obligations. Our country should respect the private property rights, the right of privacy, and the right to adequate housing; On the other hand, our government still needs to provide positive help for the realization of the right to adequate housing, the legislature should draw up the housing legislation, perfect the corresponding laws and regulations and provide legal basis for housing rights; Administrative organs should improve the system of affordable housing, choose the housing security mode that suits our country actual situation; Judicial office should perform judicial safeguard duty, etc. In conclusion, to guarantee the effectiveness of the right to adequate housing, national obligations must be emphasized when countries’actions were admitted. Besides, we should consider the path of the realization of the right to adequate housing and make it more conducive to realize it’s effectiveness.
Keywords/Search Tags:The right to adequate housing, State obligation, Affordable housing
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