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dc.contributor.authorKenna, Padraicen
dc.date.accessioned2011-03-11T09:43:36Zen
dc.date.available2011-03-11T09:43:36Zen
dc.date.issued2008en
dc.identifier.citationKenna, P. (2008). Housing rights: positive duties and enforceable rights at the European Court of Human Rights. European Human Rights Law Review, 13(2), 193-208.en
dc.identifier.urihttp://hdl.handle.net/10379/1741en
dc.description.abstractDiscusses 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.en
dc.formatapplication/pdfen
dc.language.isoenen
dc.publisherSweet & Maxwellen
dc.subjectLawen
dc.subjectHousingen
dc.subjectPositive obligationsen
dc.titleHousing rights: positive duties and enforceable rights at the European Court of Human Rights.en
dc.typeArticleen
dc.description.peer-reviewedpeer-revieweden
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