The Right to Housing in France: Still a Long Way to Go from Intention to Implementation

Abstract

The goal of this essay is to examine the implementation of housing rights in France. Legislation adopted in March 2007 opened the possibility of an enforceable right, which can be asserted before a court. However, it also created new inequalities before the law. Indeed, the conditions required to access that right exclude people who do not have permanent residence or a valid temporary resident permit. The implementation of this right is also limited due to the lack of available housing, especially at Ile-de-France, and to competition between people with priority entitlements. The horrible fire at a furnished Parisian hotel in which 24 people— mostly immigrants—died in April 2005 demonstrated that the emergency housing system has its limits. While French law may impose obligations to shelter people in distress, the amount of housing and shelter space is not sufficient to meet the needs in this area. A review of the establishment of a housing right for all also demonstrated possible conflicts of interest between various decision-makers: the state (represented by the prefect), territorial authorities, and social housing authorities. This essay first examines legislation regarding the right to housing and explores the origins of the right to housing. The selection process is then analyzed. The essay concludes with a reflection on the social consequences of the implementation of the right to housing, and on what failures in its implementation reveal regarding the state of social protections offered by the post-welfare society.