The indirect protection of housing rights in the european convention on human rights

Authors

  • Elena Fernández de la Iglesia

Keywords:

Property rights, Leasing right, Housing rights, Human rights, Right to family life, Right to a fair trial, Right to human dignity

Abstract

The doctrine of the European Court of Human Rights protects housing rights indirectly through the rights recognized in the European Convention on Human Rights against the actions of public powers in relation to article 8, referring to the existence of a family life that It would be endangered in the event of the loss of the family home due to its expulsion by the authorities. Housing rights that are also protected through the right to a fair trial, in Article 6 of the Convention. Order to evict the home that may cause a violation due to inhuman and degrading treatment, or simply because the home lacks the minimum characteristics, thereby affecting human dignity due to the humiliation and degradation suffered, violating the right to non-discrimination. Rights and jurisprudence of the ECHR that can delimit the right to property.

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Published

2021-12-31

Issue

Section

ESTUDIOS JURISPRUDENCIALES: DERECHO CIVIL. DERECHOS REALES (2013-2021)

How to Cite

The indirect protection of housing rights in the european convention on human rights. (2021). Critical Review of Real Estate Law, 788, 3753 a 3767. https://revistacritica.es/rcdi/article/view/690