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Analysis and guidelines to guarantee the right to housing

Doc. 16244: compendium of written amendments | Doc. 16244 | 02/10/2025 | Final version

Compendium index

Amendment 1 Amendment 9 Amendment 3 Amendment 4 Amendment 10 Amendment 5 Amendment 11 Amendment 12 Amendment 6 Amendment 13 Amendment 14 Amendment 7 Amendment 2 Amendment 8 Amendment 15

Caption: AdoptedRejectedWithdrawnNo electronic votes

ADraft Resolution

1The right to adequate housing is a universal human right recognised in the international human rights law, including the European Social Charter (revised) (ETS No. 163). It stems from everyone’s right to an adequate standard of living and is key for the enjoyment of all economic, social and cultural rights within the international human rights framework, on a similar footing with civil and political rights. Adequate housing means the right to live somewhere in security, peace and dignity – in a home that is safe, healthy, affordable, accessible and adapted to needs, with safe drinking water, sanitation and energy facilities. Ensuring the right to housing for all is not only a legal obligation but a cornerstone of social justice and human development, and thereby of democratic stability.
2As human rights are universal, indivisible, interdependent and interrelated, a violation of the right to adequate housing may affect the enjoyment of a wide range of other human rights. At the same time, the right to adequate housing may also be affected by the extent to which other human rights are guaranteed. While the right to adequate housing is central to human well-being, it remains a broken promise for more than one billion people worldwide who are not adequately housed. In Europe, over 1.3 million people were homeless in 2023, including 400 000 children, and about 19.2 million experienced severe housing precariousness.
3Wars and armed conflicts escalate the housing problem for the population affected such as in Ukraine where about 13% of housing is severely damaged or destroyed. The Parliamentary Assembly notes that in the light of deliberate mass destruction of homes in war zones, notably the catastrophic humanitarian situation in Gaza where 92% of all residential buildings are destroyed or damaged, the United Nations Special Rapporteur on the right to adequate housing has called for the establishment of a new crime – domicide – at international level.

02 October 2025

Tabled by Mr Oleksii GONCHARENKO, Mr Taras BATENKO, Ms Larysa BILOZIR, Mr Markus WIECHEL, Ms Iryna KONSTANKEVYCH, Ms Yevheniia KRAVCHUK, Mr Pavlo BAKUNETS, Mr Oleksandr MEREZHKO, Ms Mariia MEZENTSEVA-FEDORENKO

Votes: 21 in favor 36 against 0 abstention

In the draft resolution, paragraph 3, replace the first sentence with the following sentences:

"Wars and armed conflicts escalate the housing problem for the population affected. For instance, it is estimated that in Ukraine about 13% of housing — or approximately 236 000 housing units — are severely damaged or destroyed."

Explanatory note

Adding more concrete information about the housing damages in Ukraine as a result of Russia's war of aggression.

4The Assembly deplores the financialisation of housing which is treated as a commodity rather than a human right and a social good. It is concerned that the lack of housing supply in many cities, rising income inequalities and unemployment, the cost-of-living crisis, high interest rates, as well as soaring rents and housing shortages caused by secondary residences and short-term rentals, are putting access to adequate housing under pressure across Europe. In this context, certain categories of the population – such as low-income and single-parent households, migrants, including refugees, and internally displaced persons, Roma, the unemployed and precarious workers, persons leaving institutional care, students and young people, families and older persons – are particularly vulnerable and require special protection.
5The Assembly underlines the obligation for member States to ensure the effective implementation of the right to housing in line with the requirements of international human rights law, notably the European Social Charter (revised) (Articles 31, 30 and 16), emphasising the prevention of homelessness and providing for holistic short-, medium- and long-term measures. It highlights the need to adapt existing and new housing to the modern requirements of sustainable development and increased resilience to the effects of climate change and natural disasters.
6The Assembly is concerned about rising income and housing inequalities in member States, while the social housing sector has been outsourced to the private sector and underfinanced in many of them. It acknowledges the pressing need to counter the financialisation of and speculation in housing markets, promote affordability and prevent homelessness. It calls on Council of Europe member States to:
6.1treat housing as a human right, not as a commodity;

02 October 2025

Tabled by Ms Elisabetta GARDINI, Mr Fabio PIETRELLA, Mr Marco SCURRIA, Mr István HOLLIK, Mr Jan KANTHAK, Ms Ester MIELI, Mr Markus WIECHEL, Mr Bob De BRABANDERE, Ms Dumitrina MITREA, Ms Victoria TIBLOM, Ms Bianca-Eugenia GAVRILĂ

Votes: 18 in favor 37 against 1 abstention

In the draft resolution, replace paragraph 6.1 with the following paragraph:

"recognise the importance of housing as a basic social need, while safeguarding the value of private property and the positive contribution of the housing market to economic stability;"

Explanatory note

This amendment seeks to avoid an overly ideological approach. Housing is indeed a social need, but it is also the main form of family savings and an economic driver. Both dimensions must be recognized.

6.2increase public investment in social and affordable housing, in particular at local authorities’ level;
6.3adopt long-term, rights-based housing strategies focused on prevention of homelessness;

02 October 2025

Tabled by the (Former) Committee on Migration, Refugees and Displaced Persons

Votes: 48 in favor 9 against 1 abstention

In the draft resolution, at the end of paragraph 6.3, insert the following sentence:

"The prevention of homelessness should also be considered when designing migration and asylum policies;"

6.4ensure legal safeguards against forced evictions and homelessness, as well as balanced protection for both owners and tenants;

02 October 2025

Tabled by the (Former) Committee on Migration, Refugees and Displaced Persons

Votes: 50 in favor 5 against 3 abstentions

In the draft resolution, paragraph 6.4, after the words "ensure legal safeguards against forced evictions and homelessness", insert the following words:

"enforced in all contexts, irrespective of the residents’ administrative status,"

02 October 2025

Tabled by Ms Elisabetta GARDINI, Mr Fabio PIETRELLA, Mr Marco SCURRIA, Mr István HOLLIK, Mr Jan KANTHAK, Mr Markus WIECHEL, Ms Ester MIELI, Mr Bob De BRABANDERE, Ms Dumitrina MITREA, Ms Victoria TIBLOM, Ms Bianca-Eugenia GAVRILĂ

Votes: 20 in favor 37 against 0 abstention

In the draft resolution, at the end of paragraph 6.4, insert the following words:

"recognising that property owners also have the right to the effective recovery of their assets in cases of non-payment or unlawful occupation"

02 October 2025

Tabled by the (Former) Committee on Migration, Refugees and Displaced Persons

In the draft resolution, after paragraph 6.4, insert the following paragraph:

"remove all administrative barriers to accessing emergency shelters;"

6.5improve housing benefit systems, income support mechanisms and the transmission of housing between generations;
6.6regulate short-term rentals and vacant properties to increase housing supply;

02 October 2025

Tabled by Ms Elisabetta GARDINI, Mr Fabio PIETRELLA, Mr Marco SCURRIA, Mr Jan KANTHAK, Mr Markus WIECHEL, Mr Bob De BRABANDERE, Ms Dumitrina MITREA, Ms Victoria TIBLOM, Ms Ester MIELI, Ms Bianca-Eugenia GAVRILĂ

Votes: 18 in favor 38 against 1 abstention

In the draft resolution, at the end of paragraph 6.6, insert the following words:

", without penalising legitimate property use and tourism-related economic activities, which provide important income for families and local communities"

Explanatory note

Short-term rentals are not only a challenge but also an economic resource, especially for families and tourism. Regulations should not harm these positive aspects.

6.7implement stronger regulations to curb real estate speculation.
7Recognising good practices in selected member States and cities, the Assembly highlights the effectiveness of long-term public investment, mixed-income housing, integrated social services and sustainable construction. It invites member States to:
7.1introduce rent regulation in urban areas with high demand for housing and link rent increases to regional average income rather than inflation;

02 October 2025

Tabled by Ms Elisabetta GARDINI, Mr Fabio PIETRELLA, Mr Marco SCURRIA, Mr Jan KANTHAK, Mr Markus WIECHEL, Mr Bob De BRABANDERE, Ms Dumitrina MITREA, Ms Victoria TIBLOM, Ms Ester MIELI, Ms Bianca-Eugenia GAVRILĂ

Votes: 19 in favor 36 against 2 abstentions

In the draft resolution, replace paragraph 7.1 with the following paragraph:

"encourage fair rental practices in urban areas while respecting the principles of the free market, ensuring that regulations do not discourage private investment in housing supply;"

Explanatory note

Tenants’ rights must be protected, but balance requires also defending the rights of small property owners, who may otherwise face unfair burdens.

7.2promote housing cooperatives and limited-profit housing schemes;
7.3support young people’s access to affordable housing through co-housing, student accommodation, targeted subsidies and intergenerational housing facilities;

02 October 2025

Tabled by the (Former) Committee on Migration, Refugees and Displaced Persons

Votes: 49 in favor 5 against 4 abstentions

In the draft resolution, at the end of paragraph 7.3, insert the following words:

"and support young refugees and asylum seekers in their transition to adulthood by extending access to adequate housing and support services beyond the age of 18, in line with Recommendation CM/Rec(2019)4 "Supporting young refugees in transition to adulthood" of the Committee of Ministers;"

7.4ensure access to decent housing for low-income and single-parent households, migrants, including refugees, Roma, persons with disabilities, the elderly, women leaving violent relationships and persons leaving institutions;

02 October 2025

Tabled by Ms Elisabetta GARDINI, Mr Fabio PIETRELLA, Mr Marco SCURRIA, Mr Markus WIECHEL, Mr Bob De BRABANDERE, Ms Dumitrina MITREA, Ms Victoria TIBLOM, Ms Ester MIELI, Ms Bianca-Eugenia GAVRILĂ

Votes: 18 in favor 38 against 0 abstention

In the draft resolution, replace paragraph 7.4 with the following paragraph:

"prioritise access to housing for citizens and legal residents in vulnerable situations, while ensuring that support measures remain sustainable and do not undermine social cohesion;"

Explanatory note

This amendment clarifies that priority should be given to citizens and legal residents. Extending equal access indiscriminately, including to irregular migrants, risks undermining public trust and cohesion.

7.5provide education on housing rights and financial literacy for tenants.
8The Assembly considers that the right to housing viewed through the sustainability prism blends the ecological perspective (resources-saving, climate-resilient design, low environmental footprint) with social justice (protection of the vulnerable population groups, non-discrimination, equal opportunities for all), public health (“One health” approach to balance and optimise the health of people, animals and ecosystems) and economic rationale (quality growth, shared prosperity, smart investment and long-term gains). Considering that action is less costly than inaction, the Assembly urges member States to:
8.1prioritise large-scale renovation of ageing housing stock, notably under the European Green Deal and Renovation Wave where appropriate;

02 October 2025

Tabled by Ms Elisabetta GARDINI, Mr Fabio PIETRELLA, Mr Marco SCURRIA, Mr Markus WIECHEL, Mr Bob De BRABANDERE, Ms Victoria TIBLOM, Ms Ester MIELI, Ms Dumitrina MITREA, Ms Bianca-Eugenia GAVRILĂ

Votes: 18 in favor 37 against 2 abstentions

In the draft resolution, replace paragraph 8.1 with the following paragraph:

"promote renovation of ageing housing stock in a manner that is economically sustainable and does not impose disproportionate costs on families and small property owners;"

Explanatory note

Green renovation is important, but costs must be proportionate and should not create an unsustainable burden for families and small property holders.

8.2mainstream energy-efficient, climate-resilient and low-carbon housing models;
8.3invest in sustainable public infrastructure and spatial planning that integrate environmental, economic and social objectives;
8.4facilitate access to the financing of environmentally friendly housing for vulnerable households.
9The Assembly reminds member States of their obligations under Articles 16, 30 and 31 of the European Social Charter (revised) and recommends:

02 October 2025

Tabled by the (Former) Committee on Migration, Refugees and Displaced Persons

Votes: 50 in favor 8 against 1 abstention

In the draft resolution, before paragraph 9, insert the following paragraph:

"The Assembly reminds member States of their obligations under the European Social Charter (revised) to provide adequate housing to all persons regularly residing on their territory, and at the very least to provide shelter for all others. To fulfil these obligations in practice, it urgently calls on member States to: - increase the number of available places in reception accommodation and include contingency planning, so that every person seeking asylum and every unaccompanied minor can be adequately housed; - refrain from accommodating asylum seekers and unaccompanied minors in unsuitable facilities such as (de facto) detention sites and military facilities; - ensure independent monitoring of reception facilities, with accessible complaint procedures, as recommended in Resolution 2613 (2025) “The challenges and needs of public and private actors involved in migration management”; - support refugees leaving reception centres, people leaving immigration detention centres, and unaccompanied minors leaving care facilities, in moving into independent housing within the local community. This should be accompanied by sufficient timeframes for leaving institutional settings; - ensure that housing support services are not required to report persons in an irregular situation to immigration enforcement authorities, and that information collected to support access to adequate housing is not used for immigration control."

9.1accepting Articles 16, 30 and 31 and ratifying, accepting or approving the Additional Protocol Providing for a System of Collective Complaints (ETS No. 158), if they have not yet done so;
9.2strengthening the enforcement of socio-economic rights based on guidance of the European Committee of Social Rights (ECSR), and extending the implementation of social rights enshrined in the European Social Charter (revised) to all persons residing on their territory;
9.3collecting disaggregated housing data to identify and address systemic inequalities.
10The Assembly strongly supports the work of the Council of Europe Development Bank in helping member States deliver more sustainable, inclusive and affordable housing for the vulnerable population, particularly in reconstruction efforts in Ukraine and in addressing structural housing deficits in disadvantaged urban and rural areas.

02 October 2025

Tabled by Mr Oleksii GONCHARENKO, Mr Taras BATENKO, Ms Larysa BILOZIR, Mr Markus WIECHEL, Ms Iryna KONSTANKEVYCH, Ms Yevheniia KRAVCHUK, Mr Pavlo BAKUNETS, Mr Oleksandr MEREZHKO

Votes: 18 in favor 38 against 2 abstentions

In the draft resolution, after paragraph 10, insert the following paragraph:

"The Assembly calls on Council of Europe member States to consider using frozen Russian assets, or other available international mechanisms, to contribute to the reconstruction of housing in Ukraine, thereby ensuring that the aggressor bears responsibility for the large-scale destruction of civilian homes."

02 October 2025

Tabled by the (Former) Committee on Migration, Refugees and Displaced Persons

Votes: 39 in favor 18 against 0 abstention

In the draft resolution, after paragraph 10, insert the following paragraph:

"The Assembly encourages member States to guarantee that humanitarian organisations and individuals providing shelter or aid to migrants experiencing homelessness are not criminalised or faced with administrative sanctions, including under laws to combat migrant smuggling, as recommended in Resolution 2568 (2024) "A shared European approach to address migrant smuggling"."

11Finally, the Assembly invites national parliaments of member States to:
11.1monitor the implementation of the right to housing at national and local level;
11.2ensure meaningful participation of youth and vulnerable communities in housing policy design;
11.3work towards the recognition of domicide and the establishment of it as a crime at international level.

02 October 2025

Tabled by Ms Elisabetta GARDINI, Mr Fabio PIETRELLA, Mr Marco SCURRIA, Mr István HOLLIK, Mr Markus WIECHEL, Mr Bob De BRABANDERE, Ms Victoria TIBLOM, Ms Ester MIELI, Ms Dumitrina MITREA, Ms Bianca-Eugenia GAVRILĂ

Votes: 19 in favor 39 against 0 abstention

In the draft resolution, delete paragraph 11.3.