Multilevel Protection of the Right to Housing: Towards an Effective Right?

The last decade of financial turmoil in Spain has caused the reconfiguration of its Welfare State. We can confirm this statement looking to the field of the right to adequate housing. Legislatures, courts and public administrations in all the different levels (local, regional, domestic and international) have coped with an increasing social vulnerability in relation with the access and stay in the house, offering us a laboratory to think about what is the best way to realise the right to housing.

The objective of this paper is to analyse the recent evolution in the legal nature of this right. Hence, we will take into account the legislative amendments, the forward and backward movements in the constitutional and European case-law, and the wakeup calls from the organs of the universal system of protection of fundamental rights, for the sake of evaluating whether we have come closer to an actual building of an effective subjective right to housing.