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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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