Legal Framework : Housing as a right
Housing is a fundamental human right, enshrined at both the national and international levels. The Universal Declaration of Human Rights, Article 25 defines housing, food and clothing as the right to a good standard of living (United Nations, 1948). The UN defines good housing as ensuring privacy, security and a good quality of life. Accessible location and protection from evictions are also highlighted. It is obvious that the right to housing interacts directly with all human rights. The location of shelter and thus access to material goods and services plays an important role, while the condition of the home directly affects physical and mental health (Bergeron, 2022). Human rights-based approaches emphasise that housing security is the foundation for a dignified life and the ability to develop in other areas (Kourachanis, 2022; O’Shaughnessy et al., 2021).
The social aspect of the right to housing is emphasised in paragraph 4 of Article 21 of the Greek Constitution and the addition of Article 31 to the European Charter of Social Rights. These articles explicitly express the obligation of both the Greek state and the European Union to respond to housing needs, by providing for populations experiencing housing precariousness (Stergios, 2023). Furthermore, Law 4052/2012, with its article 29 defining homelessness, an invisible social issue, institutionalised the responsibility of the state to address it.
The housing rights of refugees and asylum seekers in Greece
In Greece, the implementation of housing rights exemplifies the challenges of ensuring basic human rights for all. Despite the fact that the provision of housing for asylum seekers has been regulated along with the provision of material goods in article 4540/2018. As far as the refugee population (asylum seekers, recognised refugees, undocumented) is concerned, these rights are not fulfilled but are instead violated. It also appears that the very state that should be safeguarding these rights is itself implementing anti-social policies concerning the housing of this population. In particular, the state is absent from the care of refugees, and when it does intervene it is in the form of emergency cover – repression and population control rather than in the form of social solidarity and social rights.
Current Situation
After the closure of ESTIA in 2022, the state’s predominant model for housing asylum seekers is in camps, officially called “Controlled Temporary Accommodation Facilities for Asylum Seekers”. The provision of housing in camps is also commonplace in other European countries, starting as an emergency solution in response to migration flows in 2015 (Sowa, 2020). Ten years later, in Greece, it is the main shelter for asylum seekers. The overcrowding, inadequate infrastructure and lack of basic utilities (such as running water, electricity and sanitation) are well-documented, and repeatedly shows that camps are not consistent with the right to housing and decent living (Kourachanis, 2019; Kreichauf, 2018; Tsavdaroglou & Lalenis, 2020). It has been argued that hosting people in camps is intended to avoid visible stigma on the street (Sowa, 2020). Living in camps translates into a violation of the right to shelter and the rights with which it interacts, such as access to food and water and health services (Donovan, 2024; RSA, 2024). Regarding health, access to primary and secondary health care services is judged to be inadequate and there is a great lack of medicines (Farmakioti et al., 2023). This inadequacy stems from the absence of in-camp services and their distance from public health services, ambulance delays, and the absence of interpretation when attempting to provide medical care (Farmakioti et al., 2023). Importantly, the mental health of people living in the camps is also affected due to the conditions they experience (Tsavdaroglou & Lalenis, 2020). Similarly, there is not always access to clean water while nutrition is inadequate and there have been documented cases of expired food supply.
Spatially, these are former army camps remote from the urban fabric where access to services is limited if not non-existent (Kreichauf, 2018; Papatzani et al., 2022; Tsavdaroglou & Lalenis, 2020). This includes restricted access to health, mental health, education, social and legal support (Sowa,2020). Within the camps, rather than permanent, safe, buildings, residents live in containers and sometimes tents shared by more than two individuals and/or families. People are exposed to extreme weather as there is no protection and infrastructure is deficient (Donovan, 2024; RSA, 2024). The lack of access to a decent standard of living combined with control and restriction systems such as cameras, fences and extensive police presence are likened by both residents and workers to prison and concentration camp conditions (Kreichauf, 2018). Camps can be considered “waiting zones” (Vergou et al., 2021) in which rights are restricted or suspended under the pretext of lacking legal documentation. It’s important to highlight the responsibility of the state on delaying administration processes, leading to them lacking documentation. People are objectified, their needs are determined by those in power and rules are strictly enforced.
By legitimising the conditions mentioned above, institutional racism becomes evident, making it difficult to recognise a violation of a right. In essence, an image is created that these living conditions are deserved – they are enough for asylum seekers and thus they are dehumanised in the public discourse (Kreichauf, 2018). Remarkably, exorbitant amounts of state funds (millions) have been spent on policing camp residents, contributing to the security narrative by giving the image that the “threat” is under control while providing zero security and protection to the refugees themselves. Harvey’s concept of spatial injustice applies to the living conditions of people in the camps as well as their segregation and the violation of their right to shelter (Kreichauf, 2018).
Instead of improving, the situation keeps getting worse. The NGO Equal Rights, reports the housing crisis on Kos island and the effects on refugees. The only available accommodation is in camps where they also face evictions. At the same time, they experience racism and xenophobia which, combined with increased rental prices, makes it almost impossible to find a viable home. This population is also excluded from welfare provisions – the “rent benefit”, since they need to prove 5 years of legal and permanent residence in Greece (through tax declarations) in order to be eligible. In addition to this, disturbing images have come to our attention, through public social media channels, showing the barbaric living conditions in Malakasa camp in Athens.
These inhumane conditions and systemic failures starkly remind us that housing is not just a roof over one’s head, but a fundamental human right that must be upheld for all, without exception.
Orsalia Papadimitriou
Bibliography
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