La viviendaentre el derecho humano y el activo financiero. A propósito de la Ley por el Derecho a la Vivienda (1)

Abstract

Taking advantage of the entry into force of the first state law that recognises citizens» right to housing, Law 12/2023 of 24 May, we analyse the meaning of housing and whether the response of the state legislator is adequate after a whole trajectory of partial and sectorial regulation. We are still waiting for an effective recognition of the right to housing and not only the right to social assistance or housing aid. Deepening the right to housing means diversifying the legal relationships with property that guarantee this right. It is not possible to make progress in the area of housing without changing the mental framework and starting from the right to the good. The following lines deal with this aspect, structured on a first part, which deals with the philosophy in which a legal-private framework for housing should be developed; to then analyse the path followed by other legislations and the extent to which the Law on the right to housing has reached as a closing element of the study.