CHAPMAN V. THE UNITED KINGDOM (Application no. 27238/95)


 
RELATED CASE: BEARD v. the United Kingdom (Application no. 24884/94

 

Five Roma families were denied the installation of their habitats in caravans on land they bought, for non-compatibility with environment. These lands were sold without planning permission. The Court concluded the non-violation of Articles 6, 8, 14, Article 1 of Protocol No. 1, and the non-violation of Article 2 of Protocol No. 2 (some applicants have complained in effect that their children could not attend school due to the impossibility of installation). Importantly, the Court concluded that, despite the possible lack of land for Travellers (an issue on which the Court will not rule), the Gypsy families could have settled on land having a development permit.

In addition, the Court stated that: "Article 8 does not recognize the right to be provided with a home, nor does the Court’s jurisprudence". Indeed, it was concluded that the question whether the State should provide funds for everyone to have a roof is a political and not judicial matter.

 

DECISION

 

English
Jurisdiction: 
Article 6 - Right to a fair trial
Article 8 - Right to respect for private and family life
Article 14 - Prohibition of discrimination
Article 1 Protocol 1 - Protection of property
Subject: 
Discrimination
Right to property

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