The challenges of human rights in housing cooperatives which adopt a cohousing approach. The Spanish case

Purpose This work analyses the operability of human rights in the access to housing cooperatives, which adopt a cohousing approach, as well in the treatment of current residents and those who leave or are forced to leave. The purpose of this paper is to detect problems and propose measures to strengthen human rights in this model. Design/methodology/approach This work uses the case method and its multidisciplinary analysis, covering the areas of philosophy of law and civil law, through various methodologies, with legal dogmatics and comparative law being among the most noteworthy. Findings The legal framework that gives cooperatives extensive powers for self-regulation and the specific dynamics of the cohousing model, especially those related to the high level of social interaction and collective life, carries the potential risk of violating human rights. The case of Spain is a clear example of this problem which, being a structural issue, may be replicated in other countries. Social implications Despite the growing presence of housing cooperatives with a cohousing approach, there are few studies that analyse the problems these can cause in practice, including the legal insecurity of their tenure and the potential risk of human rights violations. This paper aims to propose measures for the prevention and rectification of situations that breach human rights, as well as to offer some guidelines for the building of a legal framework providing minimum protection to residents in housing cooperatives. Originality/value To the best of the author’s knowledge, no other scientific study has been found that analyses the operability of human rights in the framework of housing cooperatives with a cohousing approach. Therefore, no study contains proposals for measures to protect those rights.