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Unpredictable and damaging? A human rights case for the proportionality assessment of evictions in the private rental sector

Casla, Koldo (2022) 'Unpredictable and damaging? A human rights case for the proportionality assessment of evictions in the private rental sector.' European Human Rights Law Review, 2022 (3). pp. 253-272. ISSN 1361-1526

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Abstract

In the admissibility decision of FJM v UK (2018), the European Court of Human Rights ruled that Article 8 ECHR does not require a proportionality test of evictions in the private rental sector, limiting the applicability of the principle of McCann v UK (2008) only to the public sector. This article argues that courts should assess the proportionality of evictions also in the private rental sector. The scope of the margin of appreciation requires an analysis of the common ground that may exist in European comparative practice and in light of other international human rights obligations accepted in the continent. The social function of homeownership provides the ground to achieve a better balance between the right to private property, the right to private and family life, and the right to housing.

Item Type: Article
Divisions: Faculty of Humanities
Faculty of Humanities > Law, School of
SWORD Depositor: Elements
Depositing User: Elements
Date Deposited: 08 Apr 2022 07:26
Last Modified: 20 May 2022 04:41
URI: http://repository.essex.ac.uk/id/eprint/32694

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