Right to Housing: Forced Sales Threatening the Security of Tenure in China and South Africa
摘要
The right to housing is a fundamental human right that is increasingly threatened by forced sales globally, including China and South Africa. This comparative study explores how home property forced sales impact on the security of tenure in both countries and analyses the legal frameworks governing these practices. This research sheds light on the challenges faced by communities at risk of losing their homes, by examining the implications of sales in execution on vulnerable populations in urban areas. Through a thorough review of literature, data analysis, and legal research, this study delves into the prevalence of sales in execution and their implications for the right to housing. This review includes the role of the judiciary in forced sales in both jurisdictions. The findings of this study underscore the urgent need to address the threat posed by forced sales to the right to housing and advocate for the implementation and practices of policies that prioritise housing security for all individuals, regardless of their economic status. Ultimately, this research contributes to the discourse on sustainable urban development by emphasising the importance of secure and affordable housing as a cornerstone of human rights protection. The research expects to provide practical and theoretical insights for courts in China and South Africa, and financial institutions to manage foreclosed properties effectively in support of SDG11 in building sustainable cities and communities.