Política pública de vivienda en la Ciudad de Buenos Aires. Un análisis desde la perspectiva de derechos humanos en la política fiscal.

Abstract

This essay establishes a connection between budget management and the fulfillment of the right to housing in the City of Buenos Aires. To this end, it seeks to examine the public housing policy implemented by the Government of the City of Buenos Aires considering national and international standards on the matter, as well as by applying a human rights perspective in fiscal policy.

On this basis, it can be observed, prima facie, that the Government of the City of Buenos Aires fails to meet the minimum standards for access to adequate housing. Given the current housing crisis in Buenos Aires, the public policies implemented by the local government, which mainly consist of granting subsidies, do not effectively ensure the right in question. The primary causes of this outcome may include the inefficient and ineffective use of available resources and budgetary under-execution.

Furthermore, the judiciary, as a public power, is not detached from the issue but has played a significant role in the citizens' struggle for the recognition of this right. Initially, local jurisprudence has shown deference to the operability of the right to housing. However, following the ruling in “Q. C., S. Y. v. Government of the City of Buenos Aires on Amparo”,  issued by the Supreme Court of Justice of the Nation, a more moderate trend can be observed, with a tendency to prioritize the fulfillment of human rights. This shift is evident in the precedent set by “Villanueva Girón Katherine Juntec v. GCBA on Amparo-Housing”, decided by the Third Chamber of the Court of Appeals in April 2023.