Housing Rights: Positive Duties and Enforceable Rights at the European Court

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European Human Rights Law Review 2008 Housing rights: positive duties and enforceable rights at the European Court of Human Rights Padriac Kenna Subject: Housing. Other related subjects: Human rights Keywords: Housing; Positive obligations Legislation: European Convention on Human Rights 1950 art.3, art.6, art.8 *E.H.R.L.R. 193 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. Introduction The European Court of Human Rights (the Court) has developed a human rights perspective on positive obligations which transcends, to some extent, the classical liberal concepts of constitutional and human rights. These were principally concerned with the limitation of state actions, but may now need to be reviewed in the context of contemporary human rights approaches.1 Legal, international and constitutional rights development now incorporates positive obligations on states to intervene and regulate private actors, national and international corporations.2 While the growth of neo-liberal economic and social policies, worldwide, is pushing back the frontiers of the state--to *E.H.R.L.R. 194 use a Hayekian term--in relation to the welfare of citizens, the jurisprudence of the Strasbourg Court is emphasising that some positive obligations remain a key part of state responsibilities.

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