El sistema de control constitucional por el órgano jurídico en el Perú

From 1980 onwards, the UN considered the worsening of the housing conditions of the urban poor.38 By 1982, the issue of housing was raised as a global concern for the plight of the homeless following the passing of UN Resolution A/RES/37/221 in December 1982. This resolution set 1987 as the International Year of Shelter for the Homeless (IYSH) (UN, 1982) and sought to galvanize action by governments, non-governmental organizations and all other interest groups towards the development of innovative housing solutions39. It was established that there was the need for comprehensive approaches to housing to which end The Global Shelter Strategy (GSS) to the Year 2000 was conceived in 1986, launched a year later through UN Resolution 42/191 passed on 11th December 1987 and formally adopted by the UN General Council in 1988. The GSS articulated, for the first time, the multi-faceted

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Various resolutions passed in 1980 and 1981 all discussed the need to stimulate activities towards resolving problems such as homelessness. A special purpose agency – the United Nations Centre on Human Settlements (UNCHS) – was established in 1978 after the Vancouver Conference to track the conference recommendations as well as monitor global housing policy trends.

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These included a series of ―Public Hearings‖ conducted by the UN‘s World Commission on Environment and Development in locations such as Nairobi, Sao Paolo and Jakarta. This led to the publication of ―Our Common Future‖ in 1987, a manifesto on the sustainability theme including aspects of housing and human settlements.

58 nature of housing and in particular recognised the economic characteristics of housing. The report of the Commission on Human Settlements, the agency overseeing the UN Centre for Human Settlements (UNCHS) noted,

The multi-dimensional nature of the shelter problem, which has its main roots in poverty and, in many countries, is aggravated by the scarcity of resources, inadequate institutional capacities and the lack of a legal and financial framework for the alleviating the problem (Commission on Human Settlements Resolution 10/1Paragraph 18).

Multiplier effects of shelter development, based on the full mobilization of local resources, and their importance to the economic development of a country, and the lost opportunities for development represented by the neglected shelter sector (Commission on Human Settlements Resolution 10/1Paragraph 20).

This acknowledgement of the multi-dimensional nature of the housing problem, as well as the multiplier effect of housing, in effect re-conceptualised the problem of housing. In this new perspective on housing, slums were symptomatic of underlying structural distortions in housing. Structural distortion occurred in the factors determining the supply and demand of housing including land, finance, planning regulations, and incomes. To unravel the

underlying structural causes adversely affecting housing therefore required addressing the whole spectrum of factors determining the supply and demand for housing. This marked the inception of the enabling principles in housing policy. The UN‘s conception of the enabling principles was clearly articulated in the Global Shelter Strategy putting the emphasis on community engagement and the onus of choice on households (Keivani & Werner, 2001a; Jenkins et al, 2007).

The adoption of an enabling approach whereby the full potential and resources of all actors in the shelter production and improvement process are mobilised; but final decision on how to house themselves is left to the people concerned (Paragraph 14 of Global Shelter Strategy as cited in UN- Habitat, 2006:20)

The UN‘s conception of enabling principles of housing policy acknowledges a direct interventionist role for the state in the event of the failure of the market to ensure adequate and equitable housing supply:

59 The objective of "facilitating adequate shelter for all" also implies that direct government support should mainly be allocated to the most needy population groups40.

…….. governmental intervention may be required, in many instances to remove or offset market imperfections, and in some specific cases, a policy may be justified to meet the social welfare requirements of the very poor and destitute41.

The Global Shelter Strategy which articulated the UN‘s perspective of the enabling principles of housing policy also set out a detailed methodology for the design of ―National Shelter Strategies‖ through which the enabling principles could be realised. The specific steps to develop the National Shelter Strategies included the establishment of a task force and a steering committee, housing and infrastructure needs assessment with estimated associated costs, and the identification of alternative housing options and standards to meet the needs of various household groups. In addition, the framework dictated the key steps to be taken towards the formulation of an action plan including the assignment of responsibilities. It was noted that;

A plan of action must be prepared in consultation and partnership with non-governmental organizations, people and their representatives, which:

(a) Lists the activities that are the direct responsibility of the public sector;

(b) Lists the activities to be taken to facilitate and encourage the other actors to carry out their part of the task;

(c) Outlines resource allocation to the aforementioned activities;

(d) Outlines the institutional arrangements for the implementation, co-ordination, monitoring and review of the strategy;

(e) Outlines a schedule for the activities of the various agencies.

(Plenary Meeting of Commission on Human Settlements, Resolution 11/2 on 11th April, 1988) In calling for such methodological rigour, the UN effectively set out the implementation framework of the enabling principles of housing policy and following the publication of the Global Shelter Strategy by the UN, this methodological approach proved to be central in subsequent declarations (UNCHS, 1990a; 1995; 1996; 1997).

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UN Resolution 43/181 passed on 20th December 1988; ―Global Shelter Strategy to the Year 2000‖, Annex Paragraph 4.

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