RESPONSABILIDAD INDIRECTA DEL ESTADO POR LA VULNERACIÓN DEL DERECHO A LA VIVIENDA

ESTUDIO DEL CASO DEL BARRIO DE LA BOCA DURANTE EL PERÍODO 2007-2015

Abstract

The Indirect Responsibility of the State for the vio-lation of the Right to Housing is the object of this investigation. The neighborhood of La Boca has been taken as a case study during the period 2007-2015. Various authors have stated that this neighborhood is in the process of gentrification.During the analyzed period, the State adopted specific policies that promoted the consolidation of this phenomenon, but did not provide a sufficient response to the affectation of the right to housing suffered by the most vulnerable sectors, who are mainly affected by gentrification.This situation, easily framed in international responsibility, but analyzed at the national level through the institute of State responsibility, remains unanswered, due to the lack of tools provided by administrative law.The analysis of the subject leads to the conclusion that this impossibility of configuring the existence of indirect State responsibility according to Law No. 26.944, is incompatible with international human rights standards and therefore contradicts the rights enshrined in our own Constitution, and generates in itself state responsibility.