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Housing Rights: Positive Duties and Enforceable Rights at the European Court of Human Rights

European Human Rights Law Review Vol. 2, pp. 193-208, 2008

Posted: 4 May 2011  

Padraic Kenna

National University of Ireland, Galway (NUIG) - School of Law

Date Written: January 20, 2008

Abstract

This article discusses the European Court of Human Rights' development of a human rights perspective on positive obligations in the context of housing. It traces the move from traditional liberal concepts of negative rights, the influence of post-war welfare state models, and the contemporary European State since the 1980s. It examines, with emphasis on property rights, the jurisprudence of the European Court of Human Rights and considers salient articles of the European Convention on Human Rights 1950, focusing on Art.3, Art.6 and Art.8 and the implied positive obligations.

Keywords: housing, housing rights, positive obligations

JEL Classification: K10, K33, L50, O20, R14

Suggested Citation

Kenna, Padraic, Housing Rights: Positive Duties and Enforceable Rights at the European Court of Human Rights (January 20, 2008). European Human Rights Law Review Vol. 2, pp. 193-208, 2008. Available at SSRN: https://ssrn.com/abstract=1744099

Padraic Kenna (Contact Author)

National University of Ireland, Galway (NUIG) - School of Law ( email )

Newcastle Road
Galway
Ireland

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