CEU eTD Collection (2023); Rati Galakhvaridze: Finding Legal Basis for the Right to Housing - Case Law of the European and Inter-American Courts of Human Rights (Comparative Review)

CEU Electronic Theses and Dissertations, 2023
Author Rati Galakhvaridze
Title Finding Legal Basis for the Right to Housing - Case Law of the European and Inter-American Courts of Human Rights (Comparative Review)
Summary The following thesis analyzes the approaches and case law of the Inter-American Court of Human Rights and the European Court of Human Rights toward the right to housing and interests related to this right. The thesis analyzes general considerations regarding the right to housing, discussing its overall impact and importance, its components, and international treaties enshrining this right. Following that, the thesis discusses the arguments of the courts to protect socio-economic rights through the civil and political rights provisions, such as the effectiveness and indivisibility of rights, the “Vida Digna” doctrine, and the obligation of progressive realization. It provides a critical comparison of the arguments and assesses their effectiveness. Chapter 3 analyzes the case law of the Inter-American Court of Human Rights and the European Court of Human Rights regarding the right to housing. The conclusion summarizes the discussed topics, emphasizes the advantages and disadvantages of the courts’ approaches and arguments, and offers recommendations to grant a higher degree of protection to the right to housing.
Supervisor Gomes, Juliana Cesario Alvim
Department Legal Studies LLM
Full texthttps://www.etd.ceu.edu/2023/galakhvaridze_rati.pdf

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