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The war and the extensive destruction it has caused, along with the internal displacement of millions of Ukrainians, pose significant challenges to the fulfillment of the right to adequate housing in Ukraine. Currently, efforts are underway to develop amendments to national legislation to seek sustainable solutions to housing challenges for vulnerable populations and those impacted by military actions.

Professor Padraic Kenna, Director of the Centre for Housing Law, Rights and Policy at the School of Law, University of Galway (Ireland), has prepared a report for the Council of Europe* on the right to housing in the light of European standards and good practices. The report can be accessed at the following link.

The report provides a detailed analysis of the standards of the European Social Charter (revised) through the lens of the practice of the European Committee of Social Rights (ECSR) regarding Articles 16 and 31 (paragraphs 1-3), which ensure the right to housing. It also addresses other relevant standards related to access to adequate housing, prevention of homelessness, and protection of vulnerable groups from unlawful eviction.

The report also addresses current issues in Ukraine concerning social housing: its standards, funding, and practices in European states. It includes a detailed analysis of the conclusions of the European Committee of Social Rights regarding Ukraine in the context of Article 31 (paragraphs 1-2), as well as recommendations and references to useful studies that may be considered when developing updated housing legislation.

It should be recalled that in 2023, the European Committee of Social Rights issued its conclusions on Ukraine in the context of ratified paragraphs 1-2 of Article 31 of the European Social Charter. The situation in Ukraine was found to be non-compliant with the requirements of the European Social Charter, particularly due to:

• the lack of sufficient information concerning adequate housing conditions in Ukraine;

insufficient legal protection for individuals at risk of eviction, including the absence of data on the notice period prior to eviction, availability of alternative housing, and legal remedies.

*The report was prepared as part of the Council of Europe projects "Enhanced social protection in Ukraine" and “Facilitating housing solutions for the war-affected people in Ukraine” implemented under the Council of Europe Action Plan for Ukraine "Resilience, Recovery and Reconstruction" for 2023-2026.