The Constitutional Guarantees of The Right of Property Ownership and The Right to Adequate Housing

The Constitutional Guarantees of The Right of Property Ownership and The Right to Adequate Housing

 

Publication date: February 2022

View PDF: English/ Arabic

 

Different types of ruling authorities presided over the Syrian state in recent history, and they had various and at times conflicting ideologies. However, the violation of property ownership rights continued. 

 

The degree of the violation of property rights varied under these various authorities, but it remained constant and was an indicator of the inability of the different constitutions of the Syrian state to protect property rights

 

The violation of property rights and ignoring the need to provide adequate housing was intangible. The authorities have often tried to provide legal legitimacy to these violations, in other words, to make them justifiable by legal texts

 

This, in turn, raises a group of questions: Why did the Syrian state not abide by the international treaties and agreements it had signed? And why was there a lack of general constitutional guarantees protecting the right to property ownership and adequate housing? 

 

And as a result, how can we fix this error so that the constitution provides the needed protection of the right of property ownership and adequate housing? 

 

That is why this study attempts to find the flaws in the Syrian constitutions concerning the protection of ownership rights and the right to adequate housing.

 

 It analyzes these laws, in case they existed, to find the errors and suggest modifications, either through introducing amendments or through omissions or additions to the legal text.

 

From a practical point of view, the findings of this research and its recommendations could contribute to the protection of ownership rights and the right to adequate housing and to finding solutions to provide adequate housing in the context of a massive crisis or displacement and refugees that remain unmatched in modern history.