Is domestic violence a violation of the right to housing? The Dutch case

Domestic violence is a phenomenon that affects women disproportionately and it is nowadays considered as a form of gender-based violence and a violation of women’s human rights. Domestic violence is however not recognized as a violation of socioeconomic rights, such as the right to housing. The pres...

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Bibliographic Details
Main Author: Bargellini, Ludovica
Format: Article
Language:English
Published: 2021
Subjects:
Online Access:https://dialnet.unirioja.es/servlet/oaiart?codigo=8320446
Source:Jura Gentium: Rivista di filosofia del diritto internazionale e della politica globale, ISSN 1826-8269, Vol. 18, Nº. 2, 2021 (Ejemplar dedicado a: SEZIONE MONOGRAFICA. In mare aperto. Pensare il diritto e la politica con Danilo Zolo), pags. 134-159
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Summary: Domestic violence is a phenomenon that affects women disproportionately and it is nowadays considered as a form of gender-based violence and a violation of women’s human rights. Domestic violence is however not recognized as a violation of socioeconomic rights, such as the right to housing. The present essay argues that domestic violence should be seen as a violation of women’s right to adequate housing. The second purpose of this study is to analyse the status of compliance of the Netherlands with the implementation of the right to housing for female victims of domestic violence. Due to a limited literature on this particular topic, a qualitative field research was carried out in the Netherlands in 2019 in order to grasp the socio-economic implications of domestic violence, so as to employ a reconceiving of housing rights for female victims of domestic violence. After a review of the current international law in relation to both domestic violence and the right to housing (Paragraphs 2 and 2.1), the link between domestic violence and the right to housing will be tackled (Paragraph 3). The Dutch legislation as well as the results of the field research concerning housing rights of female victims of domestic violence will be then summarized and discussed (Paragraphs 4, 5 and 5.1).