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Housing and Social Control: Reassessing the Protection Asymmetries of Article 8 of the European Convention on Human Rights

Atalay, Serde LU (2024) In Social & Legal Studies
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:
author
organization
publishing date
type
Contribution to journal
publication status
epub
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
pages
20 pages
publisher
SAGE Publications
ISSN
0964-6639
DOI
10.1177/09646639241232416
language
English
LU publication?
yes
id
72fde9c5-e61c-4ddd-826c-a6b16109c2eb
date added to LUP
2024-01-30 12:10:12
date last changed
2024-03-27 13:46:08
@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}},
  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}},
  year         = {{2024}},
}