CEU Electronic Theses and Dissertations, 2019
| Author | Popenko, Viola |
|---|---|
| Title | Forced Evictions: A Failure of Protection of the Right to Housing for the Roma. Approaches of the European Court of Human Rights, European Committee on Social Rights, and United Nations Human Rights Protection Systems (CERD and CCPR) with regards to Ukraine |
| Summary | The right to adequate housing is now addressed in various international human rights instruments. Under different jurisdictions, this social, economic and cultural right protects the most pivotal right to housing, which indirectly corresponds to other human rights. However, when it comes to the fulfillment of the right to adequate housing for vulnerable groups, this right despite it being the positive obligation of the State, is simply ignored in many instances. In this thesis, the main target group of analysis in the area of the right to housing is the Roma. This group was chosen for this thesis because of the specificity of the violation of their housing rights, which leads to the total exclusion of this community in social life. Moreover, the brutal violation of the right to housing for Roma not only by the State but also by right-wing organizations results in forced evictions. A comparative analysis of three jurisdictions was conducted for the purposes of identifying a better application of international legal instruments in this field. The international authority of the European Court of Human Rights, the European Committee of Social Rights, the Human Rights Committee and the Committee on Elimination of Racial Discrimination, all contribute to a discussion about the issue of recent forced evictions of Roma in Ukraine. Thus, this thesis questions how the failure of protection of the right to adequate housing for Roma brought about the forced eviction as part of racial state practice across Europe. In answering the thesis question, in the light of three domains, a violation of the right to housing for Roma was analyzed through its theoretical foundations and case law. This approach gives a full analysis of the constitutional legal provisions that interpret the concept of "home" and brings the relevant case law for Ukrainian experience in the forced eviction of Roma. |
| Supervisor | Kóczé, Angéla |
| Department | Legal Studies MA |
| Full text | https://www.etd.ceu.edu/2019/popenko_viola.pdf |
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