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The current regulatory framework
In Barcelona, the right to housing must serve to guarantee a decent life for everyone. For this reason, the Barcelona City Council, even though it has no competence in housing, is working hard to implement a policy that will allow progress and change the paradigm of the right to housing.
Article 25 of the Universal Declaration of Human Rights recognises the right to housing as part of the right to an adequate standard of living, stating that “everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control”.
In the State, the necessary legal context comes from Article 47 of the Constitution, which states: “All citizens have the right to decent and adequate housing. The public authorities must promote the necessary conditions and establish the relevant rules to make this right effective, and regulate the use of land in accordance with the general interest in order to prevent speculation”.
And also the Statute of Autonomy of Catalonia, in its article 26, establishes that “people who do not have sufficient resources have the right to have access to decent housing, so the public authorities must establish by law a system of measures that guarantee this right, with the conditions determined by the laws”.
In addition, in May 2023, Law 12/2023 of 24 May on the right to housing, the first in the country since the promulgation of the Constitution, was finally approved. It entered into force on 26 May last year and brings with it a series of changes affecting both tenants and owners.
The Council is working on the right to housing, applying what the law provides and using all available mechanisms to facilitate access to and maintenance of housing, while providing solutions to housing emergencies. At the same time, a new strategic framework is being developed to ensure the right to housing with a cross-cutting and shared view from all administrations.