Sustainable Tourism Law
438 SUSTAINABLE TOURISM LAW – Article 25 Universal Declaration of Human Rights; – Article 11 International Covenant on Economic, Social and Cultural Rights; – Articles 23, 30, 31 European Social Charter; – Article 27 of the Convention on the Rights of the Child; – Article 5 of the Convention on the Elimination of All Forms of Racial Discrimination; – Article 14 of the Convention on the Elimination of all Forms of Discrimination Against Women; – Article XI (11) of the American Declaration on Rights and Duties of Man The United Nations 2 defines the right to housing as “the right to live somewhere in security, peace and dignity” . This document appoints the “freedoms” included on the right to adequate housing, which are: a) Protection against forced evictions and the arbitrary destruction and demolition of one’s home; b) The right to be free from arbitrary interference with one’s home, privacy and family; and c) The right to choose one’s residence, to determine where to live and to freedom of movement. Analysing the European Union Member States Constitutions, we can highlight the protection given to housing rights by the Spanish and Portuguese Fundamental Laws. The Spanish Constitution 3 stipulates, on article 47, the housing right, foreseeing that: “All Spaniards are entitled to enjoy decent and adequate housing. The public authorities shall promote the necessary conditions and shall establish appropriate standards in order to make this right effective, regulating land use in accordance with the general interest in order to prevent speculation. The community shall participate in the benefits accruing from the urban policies of the public bodies”. The Portuguese Constitution 4 , with its accentuated social goals, grants, on article 65, that: 2 UN Habitat, The Right to Adequate Housing , Fact Sheet n.º21/Rev.1, 2009, p.3. 3 Approved in 1978. 4 Approved in 1976.
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