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Protection Of Chinese Women’s Rights To Housing Under The View Of Human Rights

Posted on:2014-01-30Degree:MasterType:Thesis
Country:ChinaCandidate:L L WeiFull Text:PDF
GTID:2246330398960641Subject:Law
Abstract/Summary:PDF Full Text Request
Currently, the global population has already exceeded7billion. In many countries, housing problem can’t be ignored, and it also become one of the important standards on measuring political stability, economic development and social progress. In the concept of international human rights, house is more than just a commodity, it also has the attribute of social security. Ensuring people’s housing right is not only aim to people’s physiological survival, but also aim to people’s social survival on a deeper level. Women comprise more than half of the world’s total population. So the protection of women’s right to housing is especially important to promote social fair and stability. This paper can be divided into four parts.The first part starts from the perspective of the significance of protecting women’s right to housing. Then analyze the importance of housing right for women and the necessity for countries to safeguard women’s housing right. Women’s housing right is so intertwined with other women’s rights, but in fact they are routinely violated. In order to promote social fairness and justice, states and governments have the duty to safeguard women’s right to housing.The second part discusses the basic theory on housing right from the perspective of theoretical overview. Firstly, defining the concept of the right to housing and analyzing the framework of right and obligation of housing right and emphasizing the national obligations on housing security. Then introducing Mexican, American, France,Hong Kong and other countries and regions’ lawmaking guarantees, administrative guarantees and judicial guarantees experience on protecting housing right by using the method of comparative study and empirical analysis.The third part empirically analyzes the difficulties we have to face to that closely related to the practice of our country. Such as old ideas, economical factors, legal factors and the comprehensive institutional framework. Traditional land distribution institution and marriage system give rise to women especially the divorced women’s low rate of owner occupancy. Women’s income is very low. What’s worse, they even suffer from discrimination when they applying for a loan. So women can hardly afford a house. There are also restrictions for women to participate in housing policymaking. International laws which protect women’s rights are not implemented smoothly. There’s also lack of administrative litigation system that requires the government take active actions in our country. All the reasons above make it hard for women to enjoy their rights.The last part throws out suggestions directly against the questions put forward in the third part. In order to realize women’housing right, we should constantly absorbing foreign advanced experiences such as strengthening legislation to clarify human rights and national obligation; consummating the housing system of safeguards positively according to the actual situation; establishing constitutional interpretation regulation; perfecting property co-owner system of husband and wife and enhancing women’right-protection awareness.
Keywords/Search Tags:the right to housing, housing security system, constitutionalinterpretation
PDF Full Text Request
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