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Best Protection Against Eviction?

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A Comparative Analysis of Protection Against Evictions in the European Convention on Human Rights and the South African Constitution

image of European Journal of Comparative Law and Governance

This study focuses on two legal instruments that grant robust protection against eviction: the European Convention on Human Rights (ECHR) and the South African Constitution (SA Constitution). It compares the protection offered by these two instruments to ascertain which of these instruments offer the most comprehensive protection to unlawful occupiers. This is done so as to determine whether and to what extent these instruments should adopt the protections and approaches offered by the other. It is concluded that, although prima facie the instruments offer similar protection, the implementation of the protections under the SA Constitution offers greater protection. While this can be justified by the socio-economic realities in South Africa, some recommendations regarding the implementation of protections under the ECHR are made.

Affiliations: 1: Department of Private Law, University of Cape Town, ; 2: Department of Legal Methods, University of Groningen,


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