THE EUROPEAN SOCIAL CHARTER STANDARDS OF RIGHT TO HOUSING: UKRAINE’S COMPLIANCE WITH COMMITMENTS

  • A. L. Fedorova Institute of International Relations of Taras Shevchenko National University of Kyiv
  • O. M. Lysenko Institute of International Relations of Taras Shevchenko National University of Kyiv

Abstract

Abstract. The article is devoted to the protection of the human right to housing in Ukraine in the context of the analysis of the fulfillment of obligations of Ukraine under the article 31 of the European Social Charter revised. Ukraine accepted the first two paragraphs of Article 31 devoted to the right to housing, avoiding the provision enshrined under third paragraph. Since the time of ratification of the ESC, the fulfillment of these obligations has remained problematic for Ukraine in spite of including the key aspects of the right to housing in the Constitution of Ukraine, detailing in numerous national legal acts. European Committee of Social Rights’ recommendations issued following the consideration of Ukraine reports for different periods, including the latest recommendations in 2020 for 2014-2017 are analyzed in the article. The main problems of bringing
Ukrainian legislation into accordance of ESC standards in the sphere of right to housing have been identified and highlighted.
By comparing the main comments of the European Committee of Social Rights of different years on the right to housing, authors concluded that the lack of significant progress in the implementation of Committee’s recommendations in Ukraine is associated with many factors, among which the total lack of Ukrainian translation of the decisions and conclusions of the Committee, the lack of understanding of the Committee's interpretation of the right to housing and as a result, delays in the submission of state reports, not providing sufficient information in reports, even statistical (for example, data of the number of homeless people), as well as the lack of an integrated complex understanding of the necessary changes in national legislation and practice for the adequate implementation of the Charter standards.
Keywords: the right to housing, social rights, European Social Charter revised, European Committee of Social Rights, adequate standard of living, homelessness.




Author Biographies

A. L. Fedorova , Institute of International Relations of Taras Shevchenko National University of Kyiv

 PhD in Law, Associate Professor, Associate Professor of the Chair of Comparative and European Law

 

O. M. Lysenko , Institute of International Relations of Taras Shevchenko National University of Kyiv

 PhD in Law, Associate Professor, Associate Professor of the Chair of Comparative and European Law 


 

Published
2020-10-17