Horizontality and Housing Rights

Protection against Private Evictions from a European and South African Perspective

Bibliographic Data

ID22029984
AuthorsSarah Fick (0000-0001-8789-7807, University of the Western Cape), Michel Vols (0000-0002-5762-8697, University of Groningen)
Year2022
Volume9
Issue2
Pages118-151
Publication date2022-02-21
Peer ReviewedYes
Open AccessYes
TypeARTICLE
VenueEuropean Journal of Comparative Law and Governance (JOURNAL)
Journal identifiersISSN: 2213-4506 • E-ISSN: 2213-4514
PublisherWalter de Gruyter GmbH (PUBLISHER • DE)
DOI10.1163/22134514-bja10027
OpenAlexW4214952026
LanguageEN
Citations received3

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

Common law · Constitutional court · Human rights · International human rights law · Law and economics · Political science · Sociology · European and International Contract Law · Law · Legal Issues in South Africa · Legal principles and applications

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