Los derechos humanos en la vivienda colaborativa

Abstract

The experiences of collaborative housing in Spain, through the cooperative housing model of cession of use use, have been managed under an extremely light regulatory framework that leads to a significant risk of violation of human rights to equality and non-discrimination, respect private and family life and freedom rights (ideological, religious and expression). For this reason, legislative intervention is transcendental, as the first public power obliged to intervene setting legal guarantees, in order to confer a minimum legal security of the cooperative housing tenure under the legal model of cession of use, as well as to prevent and sanction discrimination in their field. This as part of the general framework of the responsibility of the State to regulate and guarantee that any form of housing provision (including those promoted by housing cooperatives of cession of use) respects human rights and ensures the availability of affordable, safe and adequate housing. The doctoral thesis, after analyzing the problem, concludes that to prevent such violations, the legal regulation of housing cooperatives of cession of use is mandatory, which allows current and future members to anticipate what may happen in the legal relationships included in this area, and, therefore, grant them a minimum and uniform protection of their rights. Among the basic parameters in need of regulation are identified: the duties and rights of members and cooperatives in relation to housing; the causes of justified leave and disciplinary expulsion; the mandate prohibiting discrimination and its exceptions; the express subjection of housing cooperatives to the duty to adapt “reasonable accommodations” in the building, rules, policies or cooperative practices; the objective nature of the statutory requirements for the acquisition of membership; the obligation of the Board of Directors to motivate the denials of admission under rational considerations, justified in the social purpose and the activities inherent to it; among the most notable. Likewise, the doctoral thesis offers measures of optional proposals aimed at housing cooperatives that minimize the risks of attribution of responsibility for violation of the human rights of its members.