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Picture of Serde Atalay

Serde Atalay

Doctoral student

Picture of Serde Atalay

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

Author

  • Serde Atalay

Summary, in English

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.

Department/s

  • Department of Law
  • LU Profile Area: Human rights
  • Public International Law
  • Migration Law
  • Human Rights Law

Publishing year

2025-06-02

Language

English

Pages

361-380

Publication/Series

Social & Legal Studies

Volume

34

Issue

3

Document type

Journal article

Publisher

SAGE Publications

Topic

  • Law

Keywords

  • Right to respect for one’s home
  • Article 8
  • ECHR
  • ECtHR
  • Housing
  • Home
  • Social control
  • Eviction
  • Homelessness
  • Power
  • Discretion
  • Mänskliga rättigheter
  • Hemlöshet

Status

Published

Project

  • Right to Access Housing for Migrants and Refugees: An Inquiry into the Unfulfilled Promises of International Law
  • The Borders Within: the Multifaceted Legal Landscape of Migrant Integration in Europe

Research group

  • Public International Law
  • Migration Law
  • Human Rights Law

ISBN/ISSN/Other

  • ISSN: 0964-6639