Proportionality and Evictions

Padraic Kenna

Proportionality and Evictions

Padraic Kenna

Law

Research output: Chapter in Book or Conference Publication/Proceeding › Chapter › peer-review

Abstract

This chapter considers the concept and application of the principle of proportionality in relation to evictions from home, arising from Article 8 of the European Convention on Human Rights and Fundamental Freedoms (ECHR). Any interference with the right to respect for private and family life must meet a proportionality test , and there is a growing body of jurisprudence from the European Court of Human Rights (ECtHR) on this point. This chapter outlines this case law, which is limited to cases involving the vertical application of human rights, i.e., between States and a private party. It also considers how the principle is also being applied in a horizontal and more expansive way through EU law and the UN human rights complaints system. It concludes that the limitations of ECHR civil and political rights in this area are becoming evident, while much scope remains within EU law and UN monitoring systems.

Original language	English (Ireland)
Title of host publication	The European and International Contribution to the Right to Housing, Standards, Litigation and Advocacy
Publisher	FEANTSA, Fondation Abbe Pierre, University of Galway
Publication status	Published - 1 Jun 2023

Authors (Note for portal: view the doc link for the full list of authors)

Authors
Kenna Padraic and Maria Jose Aldanas

Cite this

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AB - This chapter considers the concept and application of the principle of proportionality in relation to evictions from home, arising from Article 8 of the European Convention on Human Rights and Fundamental Freedoms (ECHR). Any interference with the right to respect for private and family life must meet a proportionality test , and there is a growing body of jurisprudence from the European Court of Human Rights (ECtHR) on this point. This chapter outlines this case law, which is limited to cases involving the vertical application of human rights, i.e., between States and a private party. It also considers how the principle is also being applied in a horizontal and more expansive way through EU law and the UN human rights complaints system. It concludes that the limitations of ECHR civil and political rights in this area are becoming evident, while much scope remains within EU law and UN monitoring systems.

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Proportionality and Evictions

Abstract

Authors (Note for portal: view the doc link for the full list of authors)

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