Abstract
This paper studies the right to housing as an element of the Welfare State and the role that the Autonomous Communities (Regional Spanish Governments) adopt in the enjoyment and warrant of this right. To this end, we first analyse housing as a Human right with regard to what Article 47 of the Spanish Constitution states and its interlinkage with other sectors or rights. Secondly, the competences of the Public Administrations in housing matters are studied and a review is made of the autonomous regional legislation on this subject, from the perspective of two main areas: the legislation on urban planning, land and building and the specific regional legislation on housing. The joint analysis of these two areas of the law aims to find the common grounds throughout four different fundamental elements: housing as a right, the conceptualisation of housing, the vulnerable groups and/or subject to special protection, and the public aid and other promotion measures that have been provided to guarantee the enjoyment of the analysed right. In third place, we focus on the specific regional legislation of the Autonomous Community of Catalonia, reviewing the different forms of public intervention when it comes to housing. Fourthly, other implemented measures as a consequence of the COVID-19 pandemic are also reviewed. To end, this paper comprises our concluding thoughts towards the matter from the perspective of the rights of the people to decent housing.
Keywords:
fundamental rights; housing, housing crisis; Autonomous Communities; Welfare State