A/HRC/43/43/Add.2
dignity and guarantee the security of the person and their personal effects. The Code also
states (art. L345-2-3) that those who receive emergency accommodation should benefit from
personalized support with a view to ensuring long-term housing.
14.
The right of access to emergency accommodation is also enforceable before national
administrative courts. Persons without a valid immigration status are, however, excluded
from the right to claim accommodation in institutions providing longer-term temporary
housing.
III. Issues related to the right to adequate housing
A.
Discrimination in accessing housing
15.
The tenancy act (art. 1) prohibits discrimination based on factors such as origin, sex,
sexual orientation, gender identity, family situation, physical appearance or age when
requesting to rent an apartment or home. Landlords that use discriminatory criteria to
disqualify prospective tenants may be sanctioned with a fine and imprisonment. 7
16.
The Defender of Rights carried out a survey in 2016 which identified clear patterns of
discrimination in the private housing market. The study found that French nationals and those
perceived as “white” were twice as likely to find a home within one year of commencing
their search, as compared to immigrants and those perceived as “Arab” or “black”.
Discrimination also affected larger families and single-parent families, for which it took
significantly longer to be able to rent a home than for couples without children.8 Almost half
of the respondents in the study believed that there was “often” or “very often” discrimination
in accessing housing. Of those who considered themselves victims of discrimination, only 11
per cent had filed complaints. Among the reasons cited for not filing a complaint were that it
would not serve any purpose, that it was not worth the effort, that there was a lack of proof
and that they lacked trust in the justice system. 9
17.
Discrimination in housing is also experienced by persons with disabilities, many of
whom are unable to access the psychosocial supports necessary for independent living or
cannot find an accessible unit to accommodate their physical disability. The Special
Rapporteur regretfully observes that this situation will only deteriorate further under the
amended act reforming housing, planning and digital technology, under which the percentage
of new-build multistorey houses that are required to be fully accessible to persons with
disabilities was reduced from 100 per cent to just 20 per cent. The Special Rapporteur
considers this a retrogressive measure, as it will decrease the supply of homes built despite
an existing shortage of adapted housing. This measure is also not in keeping with article 19
of the Convention on the Rights of Persons with Disabilities or articles 2 and 11 of the
International Covenant on Economic, Social and Cultural Rights.
B.
Housing quality and affordability
18.
Housing quality has significantly improved since 1978. The average living space
increased from 30.7 square metres per person in 1984 to 40.3 square metres per person in
2013, and while more than 25 per cent of housing lacked sanitation facilities in 1978, today
the figure is less than 1 per cent.10
19.
Despite these gains, households in the lowest income bracket are more likely to suffer
substandard housing conditions. Overcrowding affects 16.9 per cent of all residents living in
social housing, 20 per cent of single-parent households and 25 per cent of immigrant
7
8
9
10
See Penal Code, arts. 225-1 and 225-2.
See Defender of Rights, “Enquête sur l’accès aux droits: volume 5 – les discriminations dans l’accès
au logement”, December 2017.
Ibid.
National Institute of Statistics and Economic Studies, Les conditions du logement en France: édition
2017 (Paris, 2017), pp. 141 and 143.
5
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents