Protection of the right to housing at the European court of human rights: a jurisprudential analysis

Abstract

The present article aims to deepen the understanding of the contours of the right to housing, in intense dialogue with the case law of the European Court of Human Rights, considering that the interpretation given by the European Court to the human right enshrined in article 8 of the European Convention cannot fail to strongly influence the jurisprudence of the higher courts of the Member States of the Council of Europe. The interpretative evolution of this device has contributed to the development of more effective environmental protection in the European system. Indeed, it is only after having traversed, for decades, the complex judicial and extrajudicial paths of State Court that thousands of people affected by flagrant violations of the right to an environment are able to demonstrate in front of the European Court of Human Rights the severity of the interference in housing. At the same time, it demonstrates the absolute insufficiency of the measures envisaged, promised or adopted by the public authorities. The methodology used will be inductive, with European Court jurisprudential analysis. Concludes that the seriousness of the territorial injustices that result from the violation of the environmental right to housing requires more effective, prospective and non-reactive legal instruments that reflect new, preventive and non-reparative approaches.