a critical evaluation on the concept of justice in planning process

3.5.2.1. Housing Right
According to Kabo lu; even though settlement freedom and housing right are
organized under different titles they are actually two human rights strongly linked with
each other. Housing right as a human right is a realization degree of other rights and
freedoms and to own a house is a social right for individuals. Housing right is the lowest
human right for protecting the human honor and it represents the measure of realization
of other rights and freedoms. Freedom of selecting and settling wherever they wish to is
just an abstract freedom for the one who cannot find an opportunity to own a house.
Housing right is necessary but not sufficient for right of settlement (Kabo lu, 2000, 59).
Kabo lu describes the relation between social state governed by law and
housing right as: “social state governed by law is a state form that organizes the
economic and social way of life by an efficient planning, decreases the social
inequalities and protects the rights of disadvantaged groups by decreasing the social
inequalities and by creating opportunity equality... If housing right is the lowest of all
human rights, is also the minimum measure of social state governed by law” (Kabo lu,
2000, 62).
In the realization of housing right which is the minimum measure of social state
governed by law both the accepted laws (Development Law No. 3194, Mass Housing
Law, Gecekondu Law) and the organizations formed by these laws are insufficient.
Nevertheless, it is also obvious that there is no integral policy about the sheltering and
housing rights and the planned investments are insufficient in their organizations and
practices about the groups which own this right. When considered this way, it is
impossible to say that the minimum measure of social state governed by law has
successfully accomplished its aims. Contrarily, with the existence of privatization
policies, such a measure gained a property that should be discussed.
Even though house has a meaning of being an individual property and since
living in a healthy and balanced environment is accepted as a right, it is a matter
expressed that there is a need for a new legal frame about providing the rights of macro
scale public interests and individual rights in a balanced way (Erkun, 1991, 59).
However, it is evident that firstly new arrangements are needed to be done in economic
and political fields about the approach of social state governed by law which gives
priority to equality.
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