Effective protection of the right to housing by the European Court of Human Rights

Abstract

In this thesis, I will develop the argument that the European Court of Human Rights should recognise the necessity and the existence of a right to housing. Housing is a fundamental part of the life of human beings. It is considered as one of the basic economic, social and cultural rights. These rights involve an economic aspect for governments and citizens. Consequently, it is difficult to implement equal access to and a respect of a right to housing. For a full understanding of the right to housing and the manner to legitimise the respect of this right by the European Court of Human Rights I will adapt the Mireille Delmas-Marty’s view of the theory of rights. This argumentation will be divided into two points. Firstly, the adaptation of this innovative theory to the right to housing to the European Court of Human Rights, in order to overcome the issue of the profusion of human rights which can create a “legal mess”. Secondly, this demonstration should harmonise the views of all members of the Council of Europe to support an “effective protection” for the right to housing. This specific reasoning will be divided into three parts in order to demonstrate how to guarantee this right: the harmonisation of meaning of the housing as a right in this area; the common individual interest to protect the right to housing; the European Court’s mechanisms in favour of “effective protection” of this right. I will base this argument on the Court's existing jurisprudence and debatable reasoning of the European Court as well as on national legislations, on the recognition of the right within each Member State of the Council of Europe and the wider normative claim that the enjoyment of shelter and secure accommodation is indispensable to the enjoyment of other European Convention rights. “Housing is a matter of Justice” it is through law that it will be possible to achieve the right to housing to be able to live in dignity.