Right to adequate housing for persons with disabilities

Ana Gilma González v. Mayor´s Office of Bogotá – Secretary of Habitat

Date:  10/03/2019

Judge-Rapporteur:  José Fernando Reyes Cuartas

Facts.  A 79-year-old woman filed a legal action against the local authority that denied her the right to sell a property acquired with monies from a housing public subsidy.  She requested the authorization to sell because access and exit from the assigned house involved the use of stairs, which affected her health.  It was so as she presented a physical limitation that prevented her from using the stairs autonomously. Her request was denied on the grounds that her health problems were not caused by living in said property, and it was not a force majeure or fortuitous event.

Issue:  Does an elderly woman with disability have the right to an adequate housing and the support from Government for such purpose?

Ruling and reasoning.  Yes.  The Court upheld the rights to equality, to special protection of persons with disabilities, and to a decent housing in favor of the petitioner.  It affirmed the duty of the government to eliminate physical, sociological, or legal obstacles that prevent the effective enjoyment of decent and adequate housing. It also warned that, as to people with disabilities, the duty of government does not end with the physical and legal delivery of the assigned property, but rather it is as well obliged to ensure that the housing meets sufficient standards of physical accessibility that make it possible for the beneficiary to use it with no detriment to her health. Therefore, it ordered the local authorities to identify and provide the petitioner with alternatives to ensure effective enjoyment of housing. To do this, it could: (i) relocate her to another property; (ii) eliminate access barriers; or (iii) authorize the sale or lease of the property.