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13 NJA L.J. 205 (2019)
Right to Housing as a Fundamental Right in Post-Earthquake Nepal: The Interplay of Municipal and International Law

handle is hein.journals/njal13 and id is 217 raw text is: Right to Housing as a Fundamental Right in Post-Earthquake Nepal: The Interplay of Municipal and International Law Renu Ghimire* Abstract 2015 was an indelible year marked by two historic events. The first was the occurrence of the massive earthquake and the second was the promulgation of the Constitution. While the first event occurred during the promulgation of the Interim Constitution which had not guaranteed the right to housing as a fundamental right, the process of earthquake-related reconstruction and rehabilitation accelerated after the promulgation of the Constitution of Nepal 2072, which has guaranteed the right to housing as a fundamentalright. The nature of fundamental rights is such that they have a prospective effect. In this context, right to housing as a fundamental right extends to the victims of the earthquake. This article is an attempt to analyze the fundamental right to housing in light of constitutional, statutory and international human rights law obligation of Nepal. This article calls for a paradigm shift in the approach of policy documents which have hitherto treated housing as an infrastructure to housing as a basic necessity This shift has an important bearing in the subsequent prioritization of housing policies and programs leading to the insurance of right to housing as an outcome of a process and a place where citizens can live in safety, security and dignity. 1. Introduction Nepal suffered a massive loss of lives and property on Saturday 25 April 2015, when the devastating magnitude 7.6 earthquake struck Nepal. Subsequent aftershocks, including one of magnitude 7.3 near the Chinese border on 12 May, produced additional losses of life and property. As a result of the earthquake, 8,790 people died and more than 22,300 people were injured. Assessments showed that at least 498,852 private houses and 2,656 government buildings were destroyed. Another 256,697 private houses and 3,622 government buildings were partially damaged. In addition, 19,000 classrooms were destroyed and 11,000 damaged. The earthquake affected manufacturing production and trade in agriculture as well as tourism and other areas of the Advocate, Kathmandu, Nepal. LL.M in International Law and Commercial Law (Tribhuvan University, Nepal)

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