Challenges for guaranteeing the right to housing. Can a universal basic income contribute to improving universal access?

DOI: https://doi.org/10.18543/ed.3580
Keywords: Universal Basic Income, right to housing, universality of rights, social rights

Abstract

The Spanish Constitution recognizes, in Article 47, the right of all individuals to enjoy decent and adequate housing. However, despite the public policies implemented (State Housing Plans) and the recent legislative developments, both at the regional level since 2013 and at the state level with Act 12/2023 on the Right to Housing, effective access to housing has become one of the country’s main social challenges, particularly since the 2008–2014 crisis. The aim of this paper is to examine whether the introduction of a Universal Basic Income (UBI) could serve as a useful mechanism to improve universal access to the right to housing. To this end, the paper adopts a methodological approach that combines: a) a theoretical and dogmatic analysis of the constitutional and statutory framework; b) an examination of the Constitutional Court’s case law regarding the content and scope of Article 47 of the Constitution; and c) a review of key housing policies and of the main proposals related to UBI. Although some argue that a UBI could lead to inflationary effects that would further increase housing prices, we contend that in social states with regulated markets and robust systems of social rights and public services, UBI can operate as a complementary tool that strengthens individuals’ material capacity to access housing. The paper concludes that, while UBI cannot replace either regulatory action or specific housing policies, it may–under certain conditions–contribute to a stronger guarantee of the constitutional right recognized in Article 47, a question that is analysed in light of the current situation in Spain.

Received: 19 October 2025
Accepted: 2 February 2026

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Author Biography

Albert Noguera Fernández, Universitat de València. España

Catedrático de Derecho Constitucional

Published
2026-06-24
How to Cite
Noguera Fernández, Albert. 2026. “Challenges for Guaranteeing the Right to Housing. Can a Universal Basic Income Contribute to Improving Universal Access?”. Estudios De Deusto 74 (1), 233-58. https://doi.org/10.18543/ed.3580.
Issue
Vol. 74 No. 1 (2026)
Section
Studies

Last update: 08/02/2022

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