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Instruments for Advocacy and Strategic Litigation on Housing Rights in Europe
Hirtu and Others v. France (application no. 24720/13) [14.05.2020]
The European Court of Human Rights unanimously held that there had been a violation of Article 8 (right to respect for private and family life and the home), and a violation of Article 13 (right to an effective remedy) in the case of Hirtu and others v. France (no. 24720/13).
The Press Release, issued on May 14 2020, reads:
"The case concerned the clearance of an unauthorised encampment where the applicants, who are of Roma origin, had been living for six months.
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UN Special Rapporteur on Adequate Housing Delivers Final Report on Implementation of the Right to Adequate Housing
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Seminar: Instruments for Advocacy and Litigation on Housing Rights: How to Move Forward in the Polish Context
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López Albán v. Spain (Communication No. 37/2018) [11.10.2019]
Date of the decision: 11 October 2019
Jurisdiction: UN Committee on Economic, Social and Cultural Rights, Optional Protocol to the International Covenant on Economic, Social and Cultural Rights
Country: Spain
Subject: Assesment of proportionality of an eviction in cases of illegal occupation.
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A recent decision by the UN CESCR committee deems Spain in violation of the right to adequate housing for the third time
by Sonia Olea Ferreras
Cáritas Spain
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State of Housing Rights
In Portugal, housing rights are guaranteed by both law and Constitution which states that “everyone shall have the right for himself and his family to a dwelling of adequate size satisfying standards of hygiene and comfort and preserving personal and family privacy” (Art. 65 Paragraph 1).
Paragraph 2 of the same Article continues: “In order to safeguard the right to housing it shall be the duty of the State to:
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FIDH v Ireland: Reflections on Taking a Collective Complaint
by Cecilia Forrestal
Community Action Network
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UK: Supreme Court considers the affordability of accommodation in determining whether a person became “intentionally homeless”
A woman who spent benefits on feeding her children rather than paying rent has a won a court case against the Birmingham council that declared her intentionally homeless after she fell into arrears. The case sets precedent in cases of people unable to afford rent.
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Effective International Protection of Social Rights of Polish Nationals. A Contribution to the Debate
Adam Ploszka, Ph.D.
Faculty of Law and Administration University of Warsaw
Expert Commission on Combatting Homelessness attached to the Commissioner for Human Rights of Poland
Summary:
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