This summer, The duty takes you on the side roads of university life. A proposal that is both scholarly and intimate, to be picked up like a postcard. Today, Aïssatou Baldé reflects on the right to housing in the context ofe the current crisis and Bill 31 of the Legault government.
Having safe and stable housing is a condition sine qua non to human dignity. Without a roof, the exercise of many other rights, such as health and education, can be compromised. However, housing has now become a commodity traded on world markets. Large real estate funds invest heavily in the sector, not to meet human needs, but to make profits. Here as elsewhere, no one is safe.
In Montreal, for example, research indicates that a small percentage of financial landlords, such as private equity firms and institutional investors, own four times as much rental housing as had been estimated. This commodification of housing is not only disturbing, but also dangerous. It jeopardizes a fundamental right with practices that increasingly dilute humanity on the ground. In the context of the current crisis, it is clear that there is a worrying decline in this fundamental principle of human rights.
The right to housing around the world
Throughout the world, the right to housing is recognized by the Universal Declaration of Human Rights and by article 11.1 of the International Covenant on Economic, Social and Cultural Rights as a fundamental right. However, according to the United Nations, the number of cities in the world with affordable housing does not exceed 13%, while in the countries of the Organization for Economic Co-operation and Development (OECD), housing prices have tripled over the past 20 years.
Similarly, the Special Rapporteur on the Right to Adequate Housing, from the Office of the United Nations High Commissioner for Human Rights, establishes that more than a billion people live in substandard housing and informal settlements. Every year, millions of people lose their homes and are displaced due to development projects and forced evictions, among other things, while homes are increasingly seen as investment opportunities, not social assets. and a fundamental right.
The COVID-19 pandemic, combined with the effects of other global crises, such as climate change, is only making the situation worse. This reality is particularly difficult for people in precarious situations and more vulnerable individuals, such as migrants, refugees, the elderly and people with mental illnesses. The fact is that the right to housing is still far from certain for everyone.
What about Quebec?
In Quebec, the right to housing has been included in the Charter of Human Rights and Freedoms since 1976. This stipulates that each individual has the right to quality housing, reasonable rent and security in their home. Similarly, Quebec is one of the Canadian provinces where tenants have the most rights and several provisions are in place to guarantee them.
Tenants have in particular the principle of the “right to maintain the premises”, a measure which protects the tenant in almost all situations, including the abusive and illegal practices of certain landlords (for example, renovations, excessive rent increases, discrimination, etc.). Despite everything, tenants face several challenges, including the scarcity of affordable housing, as well as problems related to dishonest landlords who try by all means to circumvent the law.
As if the situation were not worrying enough, the introduction of Bill C-31 by the Minister responsible for Housing, France-Élaine Duranceau, raises real concerns about the decline in the right to housing and protection tenants in Quebec. Despite the existing provisions aimed at guaranteeing the right to housing, by allowing landlords to refuse an assignment of lease without serious reason, the government risks creating a situation where tenants are more exposed to abusive practices and excessive rent increases.
This proposal could compromise the fundamental rights of tenants already threatened by various factors, in addition to contributing to the housing shortage. Instead of strengthening existing guarantees, this proposal therefore perpetuates a climate of insecurity for tenants and promotes the interests of landlords, to the detriment of the right to housing for all.
In the light of these remarks, it is crucial to work on solutions to guarantee access to housing for all, and above all, to guarantee and strengthen the existing mechanisms in terms of tenants’ rights. It must be remembered that the right to housing is above all a fundamental right. Housing should not be seen as a mere economic good, but rather as a basic condition for human flourishing. It is neither a commodity nor a privilege. So, in an era of big issues such as climate change and the increase in the world’s population, we need to rectify the situation and ensure a moral vision of the right to housing for all.