The Importance of a Justiciable Right to Housing

1
The Importance of a Justiciable Right to Housing

• Making the right to housing justiciable for all
  is not possible
• Steve Povey
• Senior Solicitor

2
..the right to housing justiciable for all

• Defining the right
• Conflicting decisions
• Unrealistic expectations
• Litigation costs

3
..the right to housing justiciable for all

• Separation of powers
• Deciding priorities allocation of resources
• Unelected court

4
..the right to housing justiciable for all

• Courts ill equipped
• Responsive, passive, case by case approach
• Absence of strategic overview

5
..the right to housing justiciable for all

• Finite resources
• Limits any justiciable right
• Emphasises need for accountable, strategic
  decision-making

6
..the right to housing justiciable for all

• Access to justice
• Right must be realisable
• Resource impact on courts legal services

7
..the right to housing justiciable for all

• Defining the right
• Right for everyone, irrespective of
  circumstances?
• Managing expectations

8
Conclusions

• Existing jurisdictions
• Progressive realisation
• Right to housing for all, justiciable for some