Horizontality and housing rights protection against private evictions from a European and South African perspective
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Date
2022
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Brill Academic Publishers
Abstract
In the recent decision of fjm v. the United Kingdom, the ECtHR made a decision on
the required protection against private evictions that threatens to water-down the
protection of housing rights offered by the echr. This article sets out to determine
the effect of the fjm judgment on the protection provided by Article 8, especially in
matters concerning private evictions. The analysis of the case includes a discussion
on whether the decision of the ECtHR was correct, considering both its previous
decisions, as well as the sa Constitutional Court’s findings in similar matters. It
analyses the recent European and South African case law with the help of a number
of concepts developed in legal theory. These concepts concern vertical and horizontal
relations between actors involved in housing law cases, as well as direct and indirect
effect of human and constitutional rights.
Description
Keywords
Housing development, Evictions, South African Constitution, Housing Rights, Private sector
Citation
Fick, S., & Vols, M. (2022). Horizontality and housing rights protection against private evictions from a European and South African perspective. European Journal of Comparative Law and Governance, 9 (2) ,118-151. 10.1163/22134514-bja10027