Study on the Guarantee of the Right to Adequate Housing

This study analyzes France’s legislative efforts to transform the right to housing from a merely declarative entitlement into an enforceable and practical fundamental right, offering important implications for South Korea. Housing constitutes a fundamental condition for ensuring human dignity and survival. In particular, the international human rights framework underscores the importance of securing stable housing for vulnerable groups such as low-income individuals, the homeless, persons with disabilities, and immigrants. Despite this, in practice, the protection afforded to these groups remains insufficient, and housing is increasingly viewed primarily as a market commodity. In response to these challenges, France enacted Law No. 2007-290 of March 5, 2007, on the Enforceable Right to Housing and Various Measures in Favor of Social Cohesion (commonly referred to as the DALO law). This legislation elevated the right to housing to a legally claimable right and reinforced the legal obligations of both the state and local authorities. The DALO framework mandates the allocation of a certain proportion of public housing units to vulnerable populations, establishes a structured grievance and appeals process through departmental mediation committees and administrative litigation, and seeks to ensure the practical enforceability of housing rights. This study examines the structural features, effectiveness, and limitations of the DALO legislation, and proposes policy directions for enhancing South Korea’s housing rights framework. In particular, it emphasizes the need for legislative and institutional reforms, including the constitutional enshrinement of the right to housing, mandatory allocation of public housing for vulnerable groups, integration of emergency housing assistance with long-term housing solutions, and the strengthening of roles played by local governments and social housing providers.