Facing financialization in the housing sector: A human right to adequate housing for all

Author:

Leijten Ingrid1ORCID,de Bel Kaisa2ORCID

Affiliation:

1. Department of Constitutional and Administrative Law, Leiden University Faculty of Law, Leiden, the Netherlands

2. LLM student International Criminal Law, University of Amsterdam, Amsterdam, the Netherlands

Abstract

Housing is increasingly seen as a vehicle for wealth accumulation rather than a social good. ‘Financialization’ of housing refers to the expanding and dominant role of financial markets and corporations in the field of housing, leading to unaffordable and insufficient housing and discrimination. Although clearly linked to the right to adequate housing, financialization and its effects are not often viewed from a human rights perspective. This article fleshes out this important link by illuminating the standards set in relation to the right to adequate housing enshrined in Article 11(1) ICESCR. It is shown that recently, human rights bodies have confronted the issue of financialization more directly, translating general requirements to this particular issue. Moreover, efforts at UN level are mirrored in initiatives at the local level, signalling the beginning of a shift towards a paradigm that complies with human rights. The financialization of housing and the response of human rights also allow for addressing a more general issue, namely the potential of majority protection in times of human rights backlash. In this regard, it is worth emphasising that human rights such as the right to adequate housing protect not only the extreme poor. In the context of financialization, this may contribute to better housing conditions as well as reconnect people to their human rights.

Publisher

SAGE Publications

Subject

Law,Political Science and International Relations,Sociology and Political Science

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