ABSTRACT

This chapter draws connections between the case law of the three main actors, namely: the European Court of Human Rights (ECtHR), the European Committee of Social Rights (ECSR) and to a lesser extent the European Court of Justice (ECJ). It illustrates how European jurisprudence can have an effect on the protection and realization of the right to housing on the domestic level. The European Committee of Social Rights has also discussed several collective complaints concerning accommodation for asylum seekers and persons unlawfully present on the territory of a state party. According to the European Committee of Social Rights, an eviction is the deprivation of housing which a person occupied on account of insolvency or wrongful occupation. The chapter explores the specific arguments and parameters that the ECSR has used in assessing factual circumstances on the national housing market and domestic housing legislation and policy.