The Legal Dilemmas of the Self-Managed Production of Social Housing

Abstract

The article presents some of the historical, political and legal aspects related to the processes
of social production of the housing, especially in the modality known as self-managed production of social housing that, even after more than forty years of the first experiences, hinted at in the documents of international law, developed in several public programs, still lack a better legal framework in the field of constitutional law and its unfolding in urban law. There are still legal differences around the legal principles related to the activities of associations and cooperatives, the limits that should be imposed by the public sector and the degree of autonomy that should be given to them in the implementation of public programs. A brief history of its development, joint the recommendations of the Human Rights Organization, of the domestic legislation and housing plans, seeks to find the necessary elements to understand the innovative characteristics of this controversial but persistent way of building social housing and full citizenship. We look for a debate about a new urban agenda that recognizes the place of the homeless population as the protagonist in solving the problem of housing deficit and the importance of authentic housing associations and cooperatives as necessary agents for the realization of full citizenship and a fair and solidary society.