Sustainable Tourism Law

GLOBAL CODE OF ETHICS FOR TOURISM AND CHARTER 439 GLOBAL C DE OF ETHICS AND CHA TER FOR SUSTAINABLE TOURISM 1. “Everyone has the right for himself and his family to have an adequately sized dwelling that provides hygienic and comfortable conditions and preserves personal and family privacy. 2. In order to ensure the right to housing, the state is charged with: a) Programming and implementing a housing policy that is incorporated into general town and country planning instruments and supported by urbanization plans that guarantee the existence of an adequate network of transport and social facilities; b) In cooperation with the autonomous regions and local authorities, promoting the construction of low cost and social housing; c) Stimulating both private construction, subject to the general interest, and access to owned or rented housing; d) Encouraging and supporting local community and popular initiatives that work towards the resolution of the respective housing problems and foster the formation of housing and self-building cooperatives 3. The state shall adopt a policy that works towards the establishment of a rental system which is compatible with family incomes and provides access to individual housing. 4. The state, the autonomous regions and local authorities shall define the rules governing the occupancy, use and transformation of urban land, particularly by means of planning instruments and within the overall framework of the laws concerning town and country planning and urbanism, and shall expropriate land that proves necessary to the fulfilment of public-interest urbanization goals. 5. The participation of the interested parties in the drawing up of urban planning instruments and any other physical town and country planning instruments is guaranteed”. The Portuguese Constitution has a more detailed and comprehensive protection than the Spanish law, establishing a double nature social right 5 regarding housing rights 6 . On one hand, it protects the right of not being arbitrarily deprived of a house or prevented to have a dwelling. In this respect, it consists of a “negative right” which requires a duty to refrain from the State or other persons. On the other hand, the housing right consists of the Right to obtain a house, which demands concrete measures and policies from the part of the State, in order to achieve this goal 78 . 5 Canotilho, J. Moreira, V., Constituição da República Portuguesa Anotada, 3 rd Edition, Coimbra Editora, 1993, p. 344. 6 The housing right cannot be mistaken with the property right. It aims to assure the right to dwell, not only as an owner, but in any other way to live in a house. Vid. Miranda, J, Medeiros, R, Constituição Portuguesa Anotada, Tomo I, Coimbra Editora, 2005, pp. 665, 666. 7 Canotilho, J. Moreira, V., Ob. Cit, p. 345. 8 On both natures of this right its addressee is fundamentally the State. It imposes a set of responsibilities to the public powers, in order to protect the housing right, Vid . Miranda, J, Medeiros, R, Constituição Portuguesa Anotada, Tomo I, Coimbra Editora, 2005, p. 669.