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The Right To Housing Under The Echr

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Chapter Summary

This chapter concentrates on a selection of housing-related issues some of which appear more often and with greater intensity in times of war or conflict. It begins with a discussion of a possible State obligation to provide for (lawful) housing under the European Convention on Human Rights (ECHR), and goes on to discuss the potential of the principle of non-discrimination in Article 14 with regard to the right to housing. The chapter focuses on analysis of judgments in which housing policy considerations have motivated interferences primarily in property rights and thereby indirectly had an impact on the housing situation of other individuals than the right holder. It then discusses two problems which have frequently occurred in times of war and conflict: demolition of houses and eviction from, illegal occupation of and denied access to residential property or rented homes.

Keywords: European Convention on Human Rights (ECHR); eviction orders; housing policy; non-discrimination; state obligation



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