The Right To Safe Housing In The Light Of Modern Challenges

Abstract

This article explores the specifics of the implementation of the right to safe housing in the context of modern challenges. It is emphasized that, according to constitutional norms, housing security is not treated as a separate right. However, in the context of war, the state has de facto taken on the responsibility for demining housing, inspecting its compliance with safe living conditions, and restoring the destroyed housing stock. Special attention is paid to the priority of the safety of residents in multi-apartment buildings over the interests of homeowners who fail to fulfil or inadequately fulfil their obligations regarding the maintenance of their properties. Housing should have both internal security — ensuring the safety of those residing in it — and external security, meaning it should not pose a threat to others who do not live in the property (including neighbors). The article highlights the role of the state and the legal aspects that facilitate the realization of the right to safe housing. It is noted that a legal phenomenon is forming concerning the transformation of the state’s role in housing provision, with changes in the balance between public and private interests in this sphere to ensure public safety. The right to safe housing is considered a social right that guarantees access to housing that meets necessary standards for health and safety. The article discusses how this right contributes to sustainable societal development, social security, and the provision of a decent standard of living. The guarantees of this right are separately addressed, including the state’s obligations to create conditions for access to safe housing, develop quality standards, protect against housing discrimination, and support vulnerable populations in emergencies. The article underscores the need at the state management level to: update the standards of state building codes; view housing provision and urban planning as interrelated issues; and develop regional housing programs for areas affected by military actions.