Date of the decision: September 24, 2012
Jurisdiction: Council of Europe – European Court of Human Rights
Country: Bulgaria
Subject: Violation of Article 8 - Right to respect for private and family life (Article 8-1 - Respect for family life Respect for home Respect for private life) (Conditional); Non-pecuniary damage - finding of violation sufficient; proportionality test; social housing; eviction; tenancy agreements.
Roma Evictions and Demolition of Roma Houses: A Sustainable Solution for Roma Integration or a Problem of Roma Discrimination in Bulgaria?
Analysis of the legislation regulating the demolition of illegal housing and its implementation in Bulgaria to identify its compliance with the EU legislation on protection from discrimination on grounds of ethnic origin
On February 23, 2017, the so-called Keeping People in Their Homes Bill 2017 was introduced in the Dáil Éireann, the Assembly of Ireland. On the basis of EU law, the bill would allow Irish judges or County Registrars to carry out a proportionality assessment in home repossession and eviction cases.
This means courts could consider the fundamental human rights of borrowers facing homelessness and opt for alternative arrangements that are less onerous than home loss.
The Master of the High Court in Ireland, Edmund Honohan, criticized the Irish government for allowing courts handling home repossession and eviction cases to “pump people into homelessness,” according to The Irish Times. Honohan faulted the Irish state for not having procedures in place that would ensure courts apply EU consumer law in these cases.
Féher Boróka,
BMSZKI - Budapesti Módszertani Szociális Központ és Intézményei
In March 2016, for the 31st session of the Human Rights Council, the UN Special Rapporteur on the Right to Adequate Housing, Leilani Farha, will present her new report on homelessness and adequate housing as a component of the right to an adequate standard of living, and on the right to non-discrimination in this context.
December 2015
By Sonia Olea Ferreras, Advocacy Team - Caritas Spain / Housing Rights Expert Group member - FEANTSA
I. Overview of the current situation of housing emergency and exclusion
Date of the decision: January 21, 2015
Jurisdiction: Court of Justice of the European Union
Country: Germany
Subject: Consumer protection; Evictions
Date of the decision: January 28th 2014
Country: Spain
Jurisdiction: European Court of Human Rights
Legal Basis: Interim measure (Rule 39 of the Rules of Court).
