Social and Legal Studios
ISSN 2617-4162
e-ISSN 2617-4170
Publisher: Lviv State University of Internal Affairs
Abstract
This paper is devoted to the problem of housing discrimination. The relevance of the study is conditioned, on the one hand, by the presence of facts indicating the existence of discriminatory phenomena in the housing sector, and on the other – by the lack of modern research on this issue. In addition, researchers have not yet established a stable terminology on discrimination issues and have not revealed the characteristic features of housing discrimination as a civil category. The solution of these problems is important both for further theoretical and legal developments in this area, and for bringing national legislation in line with international standards as soon as possible. The purpose of the study is to define the essence and features of housing discrimination as a civil category, identify its facts and grounds. The research material includes statistical data on the number and situation of vulnerable persons in the housing sector in Ukraine, facts of discrimination in Ukrainian society; scientific publications on housing rights and housing discrimination; report of the Commissioner for Human Rights in Ukraine for 2020; national legislation; statistics of internally displaced persons in 2022, etc. The materials and objectives of the study determined the choice of research methods. The primary method is axiological, which allows substantiating the value of housing for a person. Methods of analysis and synthesis helped identify general approaches to the concept of discrimination, characterise its grounds, and formulate a definition of housing discrimination. It is established that housing discrimination is a restriction of the right to housing, as a result of which a person does not have the opportunity to purchase housing and live in it. It was found out that most often a vulnerable group of people (internally displaced persons, families with children, homosexual couples, etc.) face housing discrimination. It is noted that national legislation does not distinguish housing discrimination as an independent legal category. The paper describes the content and features of housing discrimination in Ukraine. The characteristics (gender, nationality, citizenship, age, sexual orientation, family residence without marriage registration, the presence of children and animals, internal displacement) that cause housing discrimination and inability to exercise the proper right to housing are established. It is proved that discrimination can manifest itself in refusal to conclude or extend a lease/rental agreement, unjustified rent increases, etc. The paper can be used for further scientific study by young researchers dealing with the problems of improving housing legislation.
Keywords: discrimination, housing, right to housing, restrictions, vulnerable persons, residence, fundamental human rights
Suggested citation
[1] Social protection of the population of Ukraine in 2021: Statistical publication. (2021). Kyiv: State Statistics Service of Ukraine. Retrieved from https://ukrstat.gov.ua/druk/publicat/kat_u/2022/zb/07/zb_szn_2021.pdf.
[2] ArmyInform. (2020). There are more than 460 thousand combatants in Ukraine. Retrieved from https://armyinform.com.ua/2020/09/v-ukrayini-nalichuyetsya-ponad-460-tysyach-uchasnykiv-bojovyh-dij/.
[3] Interfax-Ukraine. (2022). The number of internally displaced persons in Ukraine has increased to 6,9 million people – IOM. Retrieved from https://ua.interfax.com.ua/news/general/856074.html.
[4] Kravchuk, A., Zinchenkov, O., & Lyashchenko, O. (Eds.). (2021). Community online. Formation of LGBT people in Ukraine in 2020. Kyiv: Nash Mir Center.
[5] Maslov, V.P. (1973). Soviet housing law. Kyiv: Vyshcha Shkola.
[6] Haliantych, M.K. (2014). Concept and correlation of housing rights and interests of individuals. Private Law and Business, 13, 143-147.
[7] Separate opinion of Yurovska H.V., who is the judge of the Constitutional Court of Ukraine, regarding the Decision of the Constitutional Court of Ukraine (Second Senate) in the case of the constitutional complaint of Abramovych Oleksii Volodymyrovych on the compliance of paragraph 2, Part 2 of the Art. 40 of the Housing Code of Ukraine (regarding discrimination in realizing the right to housing) with the Constitution of Ukraine (constitutionality) No. 5-r(II)/202. (2022, June). Retrieved from https://zakon.rada.gov.ua/laws/show/na05d710-22#Text.
[8] Chaikovskyi, O. (2021). Conditions and principles of protecting the right to housing in Ukraine. Law Herald, 3, 156-162. doi: 10.32837/yuv.v0i3.2199.
[9] Ondrich, J., Stricker, А., & Yinger, J. (1999). Do landlords discriminate? The incidence and causes of racial discrimination in rental housing markets. Journal of Housing Economics, 8(3), 185-204. doi: 10.1006/jhec.1999.0249.
[10] Constitution of Ukraine. (1996, June). Retrieved from https://zakon.rada.gov.ua/laws/show/254к/96-вр.
[11] Kharytonov, Ye.O. (Ed.). (2008). Housing law of Ukraine. Kyiv: Istyna.
[12] Wells, K. (2018). The right to housing. Political Studies, 67(2), 406-421. doi: 10.1177/0032321718769009.
[13] Schmid, C.U. (2020). The right to housing as a right to adequate housing options: Reviewing the reasonableness of national housing policies in the field of alternative and intermediate tenures. European Property Law Journal, 9(2-3), 157-178. doi: 10.1515/eplj-2020-0006.
[14] Thiele, B. (2002). The human right to adequate housing: A tool for promoting and protecting individual and community health. American Journal of Public Health, 92(5), 712-715. doi: 10.2105/ajph.92.5.712.
[15] UN Committee on Economic, Social and Cultural Rights (CESCR) General Comment of No. 4: The Right to Adequate Housing (Art. 11 (1) of the Covenant). (1991, December). Retrieved from https://www.refworld.org/docid/47a7079a1.html.
[16] Avramova, O.Ye. (2017). The right to housing: civil legal aspect. Kherson State University Herald. Series: Legal Sciences, 6(1), 52-55.
[17] Avramova, O. (2015). Legal nature and system of housing rights. Entrepreneurship, Economy and Law, 7, 3-6.
[18] Order of Coordinating Center on Providing Legal Aid No. 33 “On the Approval of Methodological Recommendations for Identifying Cases of Gender Discrimination and the Mechanism of Providing Legal Aid”. (2019, March). Retrieved from
https://zakon.rada.gov.ua/rada/show/v0033419-19#Text.
[19] Law of Ukraine No. 5207-VI “On the Principles of Prevention and Counteracting Discrimination in Ukraine”. (2012, September). Retrieved from https://zakon.rada.gov.ua/laws/show/5207-17.#Text.
[20] Ponomariov, S.Yu., & Fedorovych, I.Yu. (2014). Preventing and combating discrimination in Ukraine. Kyiv: International Organization for Migration (IOM) Mission in Ukraine.
[21] Benito Sanchez, J.C. (2020). Three anti-discrimination legal concepts applied to the housing context. Retrieved from https://www.housingrightswatch.org/content/three-anti-discrimination-legal-concepts-applied-housing-context.
[22] Roscigno, V.J., Karafin, D.L., & Tester, G. (2009). The complexities and processes of racial housing discrimination. Social Problems, 56(1), 49-69. doi: 10.1525/sp.2009.56.1.49.
[23] Kattari, S.K., Whitfield, D.L., Walls, N.E., Langenderfer-Magruder, L., & Ramos, D. (2016). Policing gender through housing and employment discrimination: Comparison of discrimination experiences of transgender and cisgender LGBQ individuals. Journal of the Society for Social Work & Research Fall, 7(3), 427-447. doi: 10.1086/686920.
[24] Khassai, Ye. (2020). Discrimination of students in the course of seeking and renting housing. Retrieved from https://cedos.org.ua/researches/dyskryminatsiia-studentstva-pry-poshuku-ta-orendi-zhytla/.
[25] Khassai, Ye. (2020). Not only roof over the head. What kind of difficulties and stereotypes the pandemic has exacerbated in the field of housing rent. Retrieved from https://m.day.kyiv.ua/uk/article/cuspilstvo/ne-lyshe-dah-nad-golovoyu.
[26] Sereda, Ye. (2020). How displaced people live in Ukraine. Revealing in numbers. Retrieved from https://www.pravda.com.ua/rus/articles/2020/07/5/7257986/.
[27] ZMINA Center for Human Rights. (2020). Only 1% of displaced persons received housing with the help of the state – Ombudsman. Retrieved from https://zmina.info/news/za-dopomogoyu-derzhavy-zhytlo-otrymaly-lyshe-1-pereselencziv-ombudsman/.
[28] Kobzar, H. (2016). Evaluation of discrimination manifestations against internally displaced persons on the territory of Kharkiv region. Retrieved from https://khpg.org/1468283636.
[29] International Organization for Migration. (2022). Report on internal displacement in Ukraine for the 7th round. Tracking of internal displacement at the regional and district levels. Retrieved from https://migration.iom.int/sites/g/files/tmzbdl1461/
files/reports/DTM%20Ukraine_Rd%207%20-%2027June-8July_Recorded_IDP_19_Oblasts_2022_Public_Raion_Ukr_0.pdf.
[30] Filipchuk, L., & Syrbu, O. (2022). Forced migration and war in Ukraine (March 24 – June 10, 2022). Retrieved from https://cedos.org.ua/wp-content/uploads/vymushena-migracziya-i-vijna-v-ukrayini-24-bereznya-%E2%80%94-
10-chervnya-2022.pdf.
[31] Mohylnyi, H. (2022). Invisible apartments, or why the government does not rent housing on a centralized basis for internally displaced persons. Retrieved from https://zn.ua/ukr/internal/kvartiri-nevidimki-abo-chomu-vlada-tsentralizovano-ne-orenduje-zhitlo-dlja-pereselentsiv.html.
[32] Lukes, S., de Noronha, N., & Finney, N. (2019). Slippery discrimination: A review of the drivers of migrant and minority housing disadvantage. Journal of Ethnic and Migration Studies, 45(17), 3188-3206. doi: 10.1080/1369183X.2018.1480996.
[33] El-Kayed, N., & Hamann, U. (2018). Refugees’ access to housing and residency in German cities: Internal border regimes and their local variations. Social Inclusion, 6(1), 135-146. doi: 10.17645/si.v6i1.1334.
[34] Gaikwad, N., & Nellis, G. (2021). Do politicians discriminate against internal migrants? Evidence from nationwide field experiments in India. American Journal of Political Science, 65(4), 790-806. doi: 10.1111/ajps.12548.
[35] Savchenko, А.S. (2019). Protection of possession in the aspect of evictionfrom occupied dwelling in a dormitory. Odesa National University Herald. Jurisprudence, 24(1), 86-92. doi: 10.18524/2304-1587.2019.1(34).167311.
[36] Family Code of Ukraine. (2002, January). Retrieved from https://zakon.rada.gov.ua/laws/show/2947-14#Text.
[37] Kyrychenko, T. (2020). Establishment and development of the institute of separation in family legislation of Ukraine. Entrepreneurship, Economy and Law, 6, 29-33. doi: 10.32849/2663-5313/2020.6.06.
[38] Law of USA “The Fair Housing Act”. (1968, April). Retrieved from https://www.justice.gov/crt/fair-housing-act-2.