The Optional Protocol to the ICESCR, Homelessness and Moral Hazard:The Alternative Adequate Housing Requirement in the CESCR's Jurisprudence – an Incentive Not to Pay for Housing?

Abstract

Over 75 per cent of the jurisprudence under the op-icescr deals with the right to housing as laid down in Article 11 of the icescr. States parties should provide adequate alternative housing after evictions. However, this far-reaching requirement may lead to moral hazard. The study presents a new understanding of the adverse effects of extensive protection, such as universal eviction protection, which may cause strategic defaults. The study suggests that a restrictive and reasonable interpretation of Article 11 icescr may reduce the incentive for defaults but may not prevent land-grabbing or squatting.<br/