The Constitutional Origins of the „Right to Housing”: Components of Housing Rights

Abstract

The concept of a „right to housing” is becoming increasingly prevalent in public discourse. Nevertheless, from a legal standpoint, such a right has yet to be enshrined in legislation. It does not mean, however, that the legislature does not recognize housing problems. The 1997 Constitution of the Republic of Poland contains a number of provisions collectively described as housing rights. The purpose of this paper is to present them and to indicate possible ways of implementation in legislation and jurisprudence. This paper analyze the protection of property and other property rights, the protection of tenants and hirers, the inviolability of the home, policies conducive to satisfying the housing needs of citizens, as well as the possibility of pro-constitutional interpretation of the provisions relating to this issue.