Navigating the Right to Housing: Exploring the Complex Landscape of Access, Occupancy and Exit Rights(5 Studies in housing law)

This book is a compilation of papers written by research assistants, PhD students, and senior researchers working on the EVICT project, a European Research Council (ERC) Starting Grant project. The papers in this book enrich our conceptual understanding of the right to adequate housing by expanding on the typology of access rights, occupancy rights, and exit rights to housing. The authors traverse a diverse array of topics, shedding light on pressing issues such as housing shortages, challenges faced by students and minority groups in search of a home, the intricate link between domestic violence and homelessness, the dynamics of the black housing market, the criminalisation of homelessness, evictions, and the relationship between the right to housing and other human rights, such as the right to privacy and the right to property. The papers focus on a broad range of jurisdictions, such as France, Romania, Sweden, Turkey, the Netherlands, Bulgaria, Spain, the United States, and Azerbaijan.   Navigating the Right to Housing is the fifth volume in a series that aims to examine the various aspects of housing law from different academic and professional perspectives.

Table of Contents:
Part 1 Access Rights; 1.1 Introduction to Access Rights; 1.2 A Dive into the Parisian Housing Crisis: Squatters’ Rights, Abandoned Properties, and Questionable Legislation; 1.3 The Students of Groningen: Homeless and Hopeless in the Midst of a Housing Crisis; 1.4 Housing Behind Law’s Back: Sweden’s Acute Housing Shortage and the Looming Black Market; 1.5 Pathway to Homelessness: Analysing the Relationship between Domestic Violence and Housing Rights; 1.6 The Efficiency of National Housing Rights: An Overview of France’s DALO Law; 1.7 Criminalising Homelessness: The Case of Area Bans in the Netherlands; Part 2 Occupancy Rights; 2.1 Introduction to Occupancy Rights; 2.2 Loss of a Home and the Inevitable Loss of a Private Life: A Case for More Privacy-Friendly Shelters; 2.3 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; 2.4 Housing Rights as an Avenue to Environmental Protection: The ECtHR Continues Its Efforts in Solyanik v. Russia; 2.5 Available but Inaccessible: Where the Generic Property Right Meets Special Needs; Part 3 Exit Rights; 3.1 Introduction to Exit Rights; 3.2 To Be Evicted or Not to Be Evicted: Analysing the Effects of the Administrative Decision to Expel Dozens of Residents; 3.3 Walking a Tightrope: Balancing the Right to Property with the Right to Housing in the European Court of Human Rights; 3.4 Ben Djazia’s Children before the Committee on the Rights of the Child; 3.5 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; 3.6 Red Card for Forced Evictions Related to Mega Sports Events; 3.7 The Right to Housing versus Development Projects: The Case of Faulkner and McDonagh v. Ireland; 3.8 The Individual and State Interest Opposed in Azerbaijan’s Illegal Construction Crisis: Proportionality as the Starting Point of Humane Justice; 3.9 Tales from Europe’s Largest Garbage Ghetto: Why Ethnic Minorities Are Still Scavenging for Their Right to Adequate Housing; 3.10 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