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The European Charter of Fundamental Rights

The European Charter of Human Rights

The primary protection for housing rights is contained in the EU Charter of Human Rights (2007) which has now been incorporated into the Lisbon Treaty under Article 6.

 While there is not a specific right to housing, Article 34(3) on social security and social assistance states:

"In order to combat social exclusion and poverty, the Union recognises and respects the right to social and housing assistance so as toensure a decent existence for all those who lack sufficient resources, in accordance with the Rules laid down by Community law and nationallaws and practices."

Article 34(3) draws on point 10 of the EU Community Charter of the Rights of Workers 1989, Article 13 of the European Social Charter and Revised Charter and Articles 30 and 31 of Revised European Social Charter.

 

Explanations relating to the Charter which are to be given "due regard" by EU bodies or when when States are "implementing EU law" are available here

The European Commission already undertakes some measures to ensure that Commission departments are systematic and thorough in checking that all the fundamental rights concerned have been respected in all draft proposals. See: Commission communication – “Compliance with the Charter of Fundamental Rights in Commission legislative proposals – Methodology for systematic and rigorous monitoring”.