Housing Rights: Positive Duties and Enforceable Rights at the European Court of Human Rights
National University of Ireland, Galway (NUIG) - School of Law
January 20, 2008
European Human Rights Law Review Vol. 2, pp. 193-208, 2008
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
Date posted: May 4, 2011