Sustainable Tourism Law

SUSTAINABILITY AND SOCIAL RESPONSIBILITY IN THE REGULATION 289 SUST INABILITY AND SOCIAL RESPONSABILITY IN HOSTING exist 41 , as well as the obligation of the owners to prohibit the users from contravening the internal rules of the community of owners where the holiday home is located 42 . a.iii. Compliance with regulations for the promotion of accessibility and removal of architectural barriers (for private use buildings) In an inclusive society, as the one we seek to build, tourism must pay as much attention as possible to the population that lives with disabilities, so they can also enjoy moments of leisure and raise awareness about the right to tourism by making it accessible to everybody. In this sense, the solidarity considered as the right to tourism can be understood as the fact that tourism should be enjoyed without discrimination on the grounds of race, sex, religion, disability, etc. This point of view is included in the regulations of the different autonomous communities. The decrees on this subject matter usually refer to the applicable general law of tourism of the autonomous community, which stipulates that tourist accommodation establishments are considered public facilities, so the access and stay is free for the users hiring the services, and it cannot be limited on the grounds of race, sex, religion, opinion or any other personal or social condition or circumstance 43 . Sometimes, the decrees that regulate this kind of accommodation explicitly mention that the access to housing for tourism use cannot be limited on the grounds of race, sex, religion, opinion or any other personal or social circumstance 44 . Related to this point, the Spanish Federation of Holiday Rentals Associations ( Federación Española de Asociaciones de viviendas de uso turístico y apartamentos turísticos , FEVITUR) challenged before the High Court of Justice of Madrid the Art. 18.4 of the decree of Madrid, specifically, the sentence “housing for tourism use, because they are tourist establishments, are of free access to the public and their use cannot be limited on the basis of birth, race, sex, religion, opinion or any other personal or social circumstance”, on the ground that housing for tourism use constitutes private homes and they are not tourist establishments. The court is very clear: a requirement of non-discrimination that is included in 41 Art. 14.B) Decree Catalonia. 42 Art. 5.c) Decree Canary Islands. 43 Art. 12 Catalonia: Right to access and remain; Art. 18.4 Madrid. 44 Art. 2.3 Andalusia; Art. 7.2 La Rioja; Art. 16.4 Madrid.