Navigating the Right to Housing

Conceptualising the Right to Housing 1
Michel Vols
The Data Detectives: Examining the Impact of CESCR Case Law in a Housing Context 11
Andrei-Fabian Balan and Emma Bowar

Part I
Access Rights 15
Introduction to Access Rights 17
Stefan van Tongeren
A Dive into the Parisian Housing Crisis: Squatters’ Rights, Abandoned Properties, and Questionable Legislation 19
Gabriel Osinga
The Students of Groningen: Homeless and Hopeless in the Midst of a Housing Crisis 27
Maria Niemelä
Housing Behind Law’s Back: Sweden’s Acute Housing Shortage and the Looming Black Market 31
Maria Niemelä
Pathway to Homelessness: Analysing the Relationship between Domestic Violence and Housing Rights 35
Matleena Gurara
The Efficiency of National Housing Rights: An Overview of France’s DALO Law 41
Andrei-Fabian Balan
Criminalising Homelessness: The Case of Area Bans in the Netherlands 47
Els Schipaanboord and Michel Vols

Part II
Occupancy Rights 53
Introduction to Occupancy Rights 55
Michelle Bruijn and Stefan van Tongeren
Loss of a Home and the Inevitable Loss of a Private Life: A Case for More Privacy-Friendly Shelters 57
Maria Niemelä
Constructing Peace, Security, and Dignity: One Building Permit at a Time – The Obligation to Monitor the Habitability of Housing at the Heart of Preventing Damages Caused by Natural Disasters 61
Maria Niemelä
Housing Rights as an Avenue to Environmental Protection: The ECtHR Continues Its Efforts in Solyanik v. Russia 65
Lea Schubert
Available but Inaccessible: Where the Generic Property Right Meets Special Needs 69
Kati Vainionpää

Part III
Exit Rights 73
Introduction to Exit Rights 75
Michelle Bruijn
To Be Evicted or Not to Be Evicted: Analysing the Effects of the Administrative Decision to Expel Dozens of Residents 77
Andrei-Fabian Balan
Els Schipaanboord and Michel Vols
Walking a Tightrope: Balancing the Right to Property with the Right to Housing in the European Court of Human Rights 83
Emma Bowar
Ben Djazia’s Children before the Committee on the Rights of the Child 89
Phoebe Muir, Sarah Manohar and Roos Wind
The Right to Property during an Eviction Moratorium: ECtHR’s Steady- Handed Approach in Béla Néméth v. Hungary Shows the Way for Pandemic Case Pile 93
Maria Niemelä
Red Card for Forced Evictions Related to Mega Sports Events 97
Maria Niemelä
The Right to Housing versus Development Projects: The Case of Faulkner and McDonagh v. Ireland 101
Emma Sweeney
The Individual and State Interest Opposed in Azerbaijan’s Illegal Construction Crisis: Proportionality as the Starting Point of Humane Justice 107
Maria Niemelä
Tales from Europe’s Largest Garbage Ghetto: Why Ethnic Minorities Are Still Scavenging for Their Right to Adequate Housing 113
Maria Anghel
What Is a Community: Distinguishing the Right of Individuals to Housing versus the Right of Communities to Housing in the Case Law of the ECtHR 119
Emma Bowar