Derecho a la vivienda en Santa Lucía

Estatus del Derecho en el marco legal general

Consagración como derecho fundamental
No contemplada
Definición del Derecho

According to General Comment No. 4 of the United Nations Committee on Economic, Social and Cultural Rights, "adequate housing" includes at least the following aspects: Legal security of tenure, availability of material services, facilities and infrastructure; bearable expenses; habitability, affordability; it must be in a location that allows access to employment options, health care services, child care centers, schools and other social services, in addition to having cultural adequacy.

País
Santa Lucía
Eje del PAR
Marcos legales urbanos

Instituciones nacionales

Instituciones subnacionales y locales

Instituciones internacionales

Marco Legal Nacional

Consagración como derecho fundamental

Saint Lucia does not recognize the right to housing in its Constitution. It however guarantees the protection  from deprivation of property and protection of person or property from arbitrary search or entry.

 

Art. 6
Saint Lucia's Constitution of 1979 - Saint Lucia

(1) No property of any description shall be compulsorily taken possession of, and no interest in or right over property of any description shall be compulsorily acquired, except for a public purpose and except where provision is made by a law applicable to that taking of possession or a...

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Normas infraconstitucionales relacionadas con el derecho

The St. Lucia National Housing Corporation Act of 2001 is the main piece of legislation which guides GOSL’s direct involvement in housing. The Act gives the SLNHC the legal basis for implementing all GOSL’s policies relating to housing and resettlement. The Act provides for the appointment of a board of directors with the mandate to acquire, develop and manage housing development as well as to re-develop/re-construct slum areas including the relocation of displaced persons. The SLNHC Act also authorises the SLNHC to form strategic alliances with other organisations in the provision of housing accommodation for low-income households.

Art. 16
National Housing Corporation Act of 2001 - Saint Lucia

Functions of Corporation. The functions of the Corporation are - (a) to acquire, hold and manage land and other property of any kind and sell, let, lease or otherwise dispose of any land or property on such terms and conditions as the Corporation determines, after consultation with th...

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Políticas/Planes/Programas que regulan o están relacionados al derecho

Saint Lucia National Housing Policy (2008)

The purpose of the National Housing and Resettlement Policy is to provide a clear framework for addressing housing issues in an efficient and effective manner, with the vision of "Full access by the populace to adequate, affordable, safe and sustainable housing which is consistent with an acceptable socio cultural standard of living."
The Policy will ensure that all public and private sector housing efforts are implemented according to a set of clear objectives and cohesive approaches. This Housing Policy serves to consolidate the process of creating an enabling framework within which all stakeholders can coordinate their housing development efforts. The Policy sets out the vision, broad goals and guiding principles for housing in St Lucia. It also informs the design of a strategic plan of action for achieving the Policy goals and objectives. Essentially, the Policy is intended to facilitate the more effective and efficient utilisation of limited resources in a comprehensive approach to housing development in St Lucia.

The objectives of the National Housing Policy are to:

  • Facilitate the provision of adequate and affordable housing that meets the needs of communities;
  • Encourage adequate growth, maintenance and improvement of housing stock to meet human conditions;
  • Promote sustainable mixed-income housing developments that meet the needs of all socio-economic groups and also takes cognizance of the needs of vulnerable groups;
  • Develop an effective and comprehensive legislative and administrative framework that supports housing development.
  • Promote effective public and private partnership within the housing sector;
  • Increase capacity-building and institutional development within the housing sector;
  • Foster active participation of civil society institutions, community-based organizations and individuals in the provision of sustainable housing.

 

National Land Use Policy (2007)

This document is intended to provide policy guidance for the use and management of Saint Lucia’s limited, and priceless, land resource, well into the future. It is grounded in the belief that land should be managed in such a manner as to allow Saint Lucians to have access to land, and the services that it provides, on an equitable basis. It also recognizes the need to strengthen and consolidate the institutional and legal framework necessary to ensure that, especially given the wide range of competing demands, land is managed in a fashion that will maximize the economic and environmental benefits to society, on a sustainable basis.

Autoridad Nacional Encargada de Regular e Implementar el acceso del derecho
Ministry for Physical Development, Housing and Urban Renewal - Santa Lucia
Facultades Reglamentarias de la Autoridad

The St. Lucia National Housing Corporation Act of 2001 is the main piece of legislation which guides GOSL’s direct involvement in housing. The Act gives the SLNHC the legal basis for implementing all GOSL’s policies relating to housing and resettlement. The Act provides for the appointment of a board of directors with the mandate to acquire, develop and manage housing development as well as to re-develop/re-construct slum areas including the relocation of displaced persons. The SLNHC Act also authorises the SLNHC to form strategic alliances with other organisations in the provision of housing accommodation for low-income households.

Mecanismos financieros- vivienda social

St. Lucia's Government conceived the National Sights and Services Program, in 2014, under the Ministry of Physical Development, Housing and Urban Renewal. The purpose of the program is to provide service land to underprivileged households.

The Land for Sale Service is comprised of basic amenities such as electricity, water, drainage and roads. This initiative is also aimed at reducing the number of squatter communities.

 

Marco Legal Internacional

Tratados Internacionales vinculantes, vigentes y ratificados

Convention on the Elimination of All Forms of Discrimination against Women (CEDAW)

Art. 14. "States Parties shall take all appropriate measures to eliminate discrimination against women in rural areas in order to ensure, on a basis of equality of men and women, their participation in and benefit from rural development and in particular shall ensure to them the right to: (...) (g) To enjoy adequate living conditions, particularly in the areas of housing, sanitation, electricity and water supply, transport and communications." (Ratification/Accession: 1982).  

 

Convention on the Rights of the Child

Art.27. "States Parties, in accordance with national conditions and within their means, shall take appropriate measures to assist parents and others responsible for the child to implement this right and, where necessary, shall provide material assistance and support programs, particularly with regard to nutrition, clothing and housing." (Ratification/Accession: 1993).

 

International Convention on the Elimination of all Forms of Racial Discrimination

Art. 5. "In conformity with the obligations stipulated in Article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, color, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights: (...) (e) Economic, social and cultural rights, in particular: (iii) The right to housing".(Ratification/Accession: 1990).