Housing and Social Control: Reassessing the Protection Asymmetries of Article 8 of the European Convention on Human Rights
Atalay, Serde LU
(2025)
In Social & Legal Studies
34(3).
p.361-380
- Abstract
- This article explores how the right to respect one’s home under Article 8 of the European Convention on Human Rights would apply in the context of housing and social control. After explaining the connections between social control, housing, and human rights, it analyzes the selected case law of the European Court of Human Rights on Article 8 in certain cases concerning housing with a view to understanding the protection asymmetries inherent to the provision, and what that would entail for the employment of social control in the sphere of housing. These protection asymmetries are identified between, first, the homeless/inadequately housed and those with a home, and second, with regard to the latter, between lawful occupiers and unlawful... (More)
- This article explores how the right to respect one’s home under Article 8 of the European Convention on Human Rights would apply in the context of housing and social control. After explaining the connections between social control, housing, and human rights, it analyzes the selected case law of the European Court of Human Rights on Article 8 in certain cases concerning housing with a view to understanding the protection asymmetries inherent to the provision, and what that would entail for the employment of social control in the sphere of housing. These protection asymmetries are identified between, first, the homeless/inadequately housed and those with a home, and second, with regard to the latter, between lawful occupiers and unlawful occupiers. The examination is conducted, first, by analyzing the Court’s interpretation of the definitional scope of Article 8 and its exclusion, in principle, of the provision of housing therefrom, and second, by looking at the application of Article 8 in public eviction cases. (Less)
Please use this url to cite or link to this publication:
https://lup.lub.lu.se/record/72fde9c5-e61c-4ddd-826c-a6b16109c2eb
- author
- Atalay, Serde
LU
- organization
- publishing date
- 2025-06-02
- type
- Contribution to journal
- publication status
- published
- subject
- keywords
- Right to respect for one’s home, Article 8, ECHR, ECtHR, Housing, Home, Social control, Eviction, Homelessness, Power, Discretion, Mänskliga rättigheter, Hemlöshet
- in
- Social & Legal Studies
- volume
- 34
- issue
- 3
- pages
- 19 pages
- publisher
- SAGE Publications
- external identifiers
-
- scopus:85200649923
- ISSN
- 0964-6639
- DOI
- 10.1177/09646639241232416
- project
- Right to Access Housing for Migrants and Refugees: An Inquiry into the Unfulfilled Promises of International Law
- The Borders Within: the Multifaceted Legal Landscape of Migrant Integration in Europe
- language
- English
- LU publication?
- yes
- id
- 72fde9c5-e61c-4ddd-826c-a6b16109c2eb
- date added to LUP
- 2024-01-30 12:10:12
- date last changed
- 2025-06-04 08:14:27
@article{72fde9c5-e61c-4ddd-826c-a6b16109c2eb,
abstract = {{This article explores how the right to respect one’s home under Article 8 of the European Convention on Human Rights would apply in the context of housing and social control. After explaining the connections between social control, housing, and human rights, it analyzes the selected case law of the European Court of Human Rights on Article 8 in certain cases concerning housing with a view to understanding the protection asymmetries inherent to the provision, and what that would entail for the employment of social control in the sphere of housing. These protection asymmetries are identified between, first, the homeless/inadequately housed and those with a home, and second, with regard to the latter, between lawful occupiers and unlawful occupiers. The examination is conducted, first, by analyzing the Court’s interpretation of the definitional scope of Article 8 and its exclusion, in principle, of the provision of housing therefrom, and second, by looking at the application of Article 8 in public eviction cases.}},
author = {{Atalay, Serde}},
issn = {{0964-6639}},
keywords = {{Right to respect for one’s home; Article 8; ECHR; ECtHR; Housing; Home; Social control; Eviction; Homelessness; Power; Discretion; Mänskliga rättigheter; Hemlöshet}},
language = {{eng}},
month = {{06}},
number = {{3}},
pages = {{361--380}},
publisher = {{SAGE Publications}},
series = {{Social & Legal Studies}},
title = {{Housing and Social Control: Reassessing the Protection Asymmetries of Article 8 of the European Convention on Human Rights}},
url = {{http://dx.doi.org/10.1177/09646639241232416}},
doi = {{10.1177/09646639241232416}},
volume = {{34}},
year = {{2025}},
}