Colectivos vulnerables y vivienda. Especial referencia a la protección de las personas con discapacidad

Abstract

In recent years, a proliferation of regulatory texts has enshrined the right of citizens to decent and adequate housing. However, the current housing crisis has heightened concerns about the effective implementation of this right for those in vulnerable positions. Against this backdrop, this paper first analyses the concepts of housing and vulnerability, paying particular attention to how they are defined in international, European and national regulatory instruments. Secondly, at the state level, it examines the general regulations that aim to eliminate housing discrimination (Law 15/2022, of 12 July, on comprehensive equal treatment and non- discrimination, and Law 12/2023, of 24 May, on the right to housing, both recently enacted), as well as other civil law instruments that protect vulnerable persons. Finally, the case study focuses on persons with disabilities, whose protection is central to reforms undertaken in Law 49/1960, of 21 July, on horizontal property, Law 29/1994, of 24 November, on urban leases and the Civil Code itself.

The research findings indicate that the lack of a systematic, consistent and comprehensive approach to the housing issue affects the right to decent and adequate housing generally and disproportionately impacts vulnerable persons.