“In 2008, the European Court of Human Rights (ECtHR) stated the following: ‘The loss of one’s home is a most extreme form of interference with the right to respect to the home. Any person at risk of an interference of this magnitude should in principle be able to have the proportionality of the measure determined by an independent tribunal in light of the relevant principles under Article 8 of the Convention’. The court’s use of ‘any person’ would suggest that their conclusion applies to all persons at risk of losing their home. However, as one academic notes, it is now apparent that ‘any person’ does not mean ‘everyone’ …”
€ (Westlaw)
Harry Donnelly, ‘Should European Convention on Human Rights considerations apply in private tenancy possession proceedings?’ [2022] 1 Juridical Review 23-45.
First posted 2022-03-21 14:00:39
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