Housing rights: positive duties and enforceable rights at the European Court of Human Rights.

Abstract

Discusses the European Court of Human Rights' development of a human rights perspective on positive obligations in the context of housing. Traces the move from traditional liberal concepts of negative rights, the influence of post-war welfare state models and the contemporary state since the 1980s. Examines, with emphasis on property rights, the jurisprudence of the European Court of Human Rights. Considers salient articles of the European Convention on Human Rights 1950, focusing on Art.3, Art.6 and Art.8 and the implied positive obligations. This article explores the role of positive obligations developed by the European Court of Human Rights in the context of housing. The author considers the context of this development, starting with traditional liberal notions of negative rights and post-war welfare state models, and then more modern approaches. The author then looks at different articles of the European Convention on Human Rights which the Court has established include positive obligations. The author concludes that the Court has much work to do in refining positive housing rights obligations, but might find valuable jurisprudence within the Council of Europe.