Vivienda

Solapas principales

Caselaw

A mentally disabled woman with three children sought to set aside an eviction order from the family home obtained by her former husband. In making the eviction order, the magistrate found that the man was the registered owner of the property and the former wife and the children occupied the home after he had withdrawn his consent. The magistrate acknowledged the woman’s disability, but found that the former wife had suitable alternative accommodation available because she could move back in with her relatives (which she denied).

This case concerns a claim for damages by a woman with severe disabilities, Mrs. Bernard and her husband, Mr. Bernard, her sole caregiver, alleging that the local Housing Department did not provide them with accommodations suitably adapted for her disability. This failure, it was contended, constituted a violation of the European Convention of Human Rights (ECHR). Damages were sought under the Human Rights Act (HRA), which is the implementing legislation for the ECHR in the UK.

The plaintiffs in this case were members of the Irish Travelling community, traditionally a nomadic people. This particular group of Travellers lived on an unofficial halting or caravan, site in Limerick City for over eight years, in conditions of extreme deprivation and squalor, without running water, toilet facilities, domestic refuse storage and collection, and hard surfaces for their caravans.

El caso fue iniciado en 2008, cuando Inclusive Communities Project (ICP), un grupo sin fines de lucro, demandó al Texas Department of Housing and Community Affairs (TDHCA, la autoridad de vivienda y asuntos comunitarios del estado de Texas) por un programa de créditos fiscales federales empleado por los gobiernos estatales y locales para construir viviendas económicas.

This case was initiated in 2008 when the Inclusive Communities Project (ICP), a non-profit group, sued the Texas Department of Housing and Community Affairs (TDHCA) in relation to a federal tax credit program used by states and local governments to build affordable housing. ICP claimed that the TDHCA perpetuated segregation in violation of the Fair Housing Act (FHA) by granting too many tax credits to new housing developments in predominantly black inner city areas and too few in primarily white suburban neighborhoods.

This case concerns a municipality’s efforts to remove residents from land it had deemed to be a “local state of disaster” pursuant to the Disaster Management Act (“DMA”), which was intended to provide municipalities with flexibility in urgently responding to disaster-stricken areas when such action is necessary for the preservation of life.  Upon learning of their impending removal, the residents challenged the eviction, arguing that the removal was unlawful under the Constitution’s guarantees of the right to housing and certain statutory provisions.  The reside

Tras un informe periodístico sobre una mujer indigente que falleció en una calle muy concurrida cuatro días después de dar a luz a una beba, el Tribunal abrió esta causa de interés público por iniciativa propia. El Tribunal solicitó a la organización Human Rights Law Network (HRLN), un miembro de la Red-DESC, que presentara amicus sobre la situación en Delhi de la salud de las mujeres indigentes embarazadas y que se encuentran en el período de lactancia, y que sugiera medidas adecuadas.

Following a newspaper report regarding a destitute woman who died on a busy street four days after giving birth to a baby girl, the Court brought this public interest litigation (PIL) on its own motion. The Court also asked the Human Rights Law Network (HRLN), an ESCR-Net member organization, to file an amicus brief on the status of maternal health for destitute pregnant and lactating women in Delhi, and to suggest appropriate remedies. HRLN’s amicus outlined myriad state failures to implement government schemes providing for food and health services to women and marginalized groups.

The Xákmok Kásek indigenous community, who has originally lived in the Paraguayan Chaco area, filed a petition before the Inter-American Court of Human Rights requesting acknowledgement of their traditional territory. Paraguay sold and split up the land without taking into consideration the indigenous population. The Salazar ranch was founded in the land that had been the home of the Xákmok Kásek community for years.  The community’s ability to survive and to develop its way of life was restricted, and the State failed to fulfill its duty to guarantee the community’s territorial rights.