Horizontality and housing rights protection against private evictions from a European and South African perspective

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dc.contributor.authorFick, Sarah
dc.contributor.authorVols, Michel
dc.date.accessioned2023-05-31T07:56:01Z
dc.date.available2023-05-31T07:56:01Z
dc.date.issued2022
dc.description.abstractIn 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.en_US
dc.identifier.citationFick, 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-bja10027en_US
dc.identifier.issn2213-4514
dc.identifier.uri10.1163/22134514-bja10027
dc.identifier.urihttp://hdl.handle.net/10566/8972
dc.language.isoenen_US
dc.publisherBrill Academic Publishersen_US
dc.subjectHousing developmenten_US
dc.subjectEvictionsen_US
dc.subjectSouth African Constitutionen_US
dc.subjectHousing Rightsen_US
dc.subjectPrivate sectoren_US
dc.titleHorizontality and housing rights protection against private evictions from a European and South African perspectiveen_US
dc.typeArticleen_US

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