Comparative review of local legislation on housing
The current right to housing in the local laws of the Mexican states is considered to be a human right, and the wording of its principles are inspired by two legal sources: on the one hand, is the Constitution politics of States; and on the other, international law of human rights. A look at the leg...
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| 格式: | Online |
| 语言: | spa |
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Centro Universitario de Arte, Arquitectura y Diseño
2017
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| 在线阅读: | https://www.revistavivienda.cuaad.udg.mx/index.php/rv/article/view/31 |
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| 总结: | The current right to housing in the local laws of the Mexican states is considered to be a human right, and the wording of its principles are inspired by two legal sources: on the one hand, is the Constitution politics of States; and on the other, international law of human rights. A look at the legislation of the states in the field of housing, allows to warn a lack of harmonisation in the concepts used for their protection. Indeed, several concepts are used interchangeably as if they were synonymous, not being equivalent; because constitutionally recognized only the “dignified and decent housing” as a human right, the concept of “adequate housing” results inaccurate and unconstitutional. Certainly, the concept of “adequate housing” is not in the Constitution, hence its unconstitutionality; despite this, the local legislator uses it to refer to the human right to housing and its security. In 27 of the 32 of the Mexican states, according to this study, local legislation uses the concept of “decent and dignified housing” in response to the fundamental norm, representing less than 85%, and to a lesser extent used the concepts of “decent housing” and “adequate shelter”. In some cases, it was only drafted in legislation “decent housing”, and thus omitted the term “decent”; while, in some other cases, are left aside the reference to the “dignity” and “decorum”, using the concept of “adequate housing”. Although, in some cases, a combination of them also refers to this law as a “dignified, decent and adequate housing” or only “decent and suitable housing”. |
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