Forced Eviction: Is there a Right to Occupy and How Far is it recognised by Human Rights Law?

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Forced Eviction:   Is there a Right to Occupy and How Far recognised by Human Rights Law?

Chapter 1 Introduction and Overview to Human Rights

In this chapter it is proposes to examine the manner in which Human Rights have developed both from the Common Law perspective such as Magna Carter, Bill of Rights and Natural Justice and in relation to international treaties. To consider how during World War 2 in June 1941 there was the Declaration of St James Palace  the philosophy of human rights was developed into the UN Nations declaration. Ultimately the Charter was established and enshrined in the establishment of the United Nations and the International Court. The Universal Declaration of Human Rights was adopted 10th September 1948 .  Will consider the shortcomings in the context of enforceability which lead to the adoption of the European Convention on 4th October 1950 due to an acknowledgement of the need for an European instrument and the shortcomings of the Declarations in terms of remedies and from an European perspective seeing the establishment of the European Court of Human Rights and other constituent bodies.

Chapter 2 Human Rights and applicability to Residential Occupancy policy

This Chapter will examine in general terms this right and briefly consider how human rights are or have been violated both in the UK and elsewhere. Identifying appropriate learned papers on this from an international perspective  particularly relating to forced evictions  Consider how forced evictions has applicability to the UK by examining in outline issues of Travellers It will be necessary to consider the other types of forced evictions particularly in relation to CPOs.  The effects of Forced Evictions by the Olympic Games  and also the general violation of human rights in the international context particularly in relation to forced evictions.

Chapter 3 Human Rights background and Context

This chapter will examine the ECHR Looking at the machinery that previously existed i.e. the necessity of an Application to the Commission and then the Commission 'prosecuting' the case to the Court and the reform of this. Looking at the adjective international law on the current position relating to application to the European Court including the various Chambers and the Grand Chamber. Critically considering the effectiveness of the process.

Chapter 4 History of Occupancy and where Forced Eviction can be an issue

In this chapter the history of residential occupancy is considered. It will be necessary to look at the position of each as to forced evictions. In particular in each section the following will be considered

Security in Private Sector

Owner/Occupier. This would generally be in relation to mortgage possession, Orders for Sale and generally orders under TOLA and CPOs.

Private Rented Sector

It will be necessary to address the following subheadings. There still remains a small number of Protected Regulated Tenancies under the Rent Act

Assured Tenancies and Assured Shorthold Tenancies

Licences

Social Letting Sector

This will include the following subheadings

Local Authorities – Secure, Introductory and Demoted Tenancies.

Housing Association and other RSLs

Other Types of Letting such as Housing Trusts and supported Housing

Homelessness Accommodation

Long Leasehold Property

Travellers or Gypsies

Trespassers/Squatters.

The chapter will examine these issues to allow the forced eviction aspects to be considered so to allow the debate of the applicability of the HRA or the ECHR to be considered in this context.

Chapter 5 Human Rights and the HRA

Critically considering the impact of the Human Rights Act. To consider the impact of the Act since it came in force particularly in relation to forced evictions and housing policy context. In particularly in considering Section 3 and 4 of the Act analysed how far  the Courts in the UK can intervene or control situation of challenges on human rights grounds having regard especially to Section 10 which . Empowers a Government Minister to decide what to do once a declaration of incompatibility has occurred. Only if the appropriate Minister actually considers that there are compelling reasons for so doing the Minister may by order, make such amendments to the legislation as he considers necessary to remove the incompatibility. Consider how this causes a restriction of the effectiveness of the HRA. Consider the event report of the Human Rights Committee and the Governmental response Considering the way the Courts have used amicus curia or interventions especially relating to NGOs in areas of legitimate interest such as Amnesty International, Liberty, Human Rights Watch, Greenpeace and similar.

 Chapter 6 Public Authorities uncertainty and Section 6(1)

Critically consider the position of Public Bodies. Consider Housing Associations and the impact of the regulatory features of the Housing Corporation and its replacement the Tenants Service Authority leading to them being recognised as a public body.  Comments of Lord Bingham during the progress of the Bill in the House of Lords where he looks at the function performed. Critically consider and analyse in details the reports of the Parliamentary Human Rights Committee in relation to Section 6 HRA In the context of housing consider and research in detail the case law in particular R (Heather) v Leonard Cheshire Foundation 2002 and YL v Birmingham CC and Others 2007, as examples. Since the specific inclusion of Housing Association also consider other organisations such as Housing Trusts and Supported Housing and the functions in the context of Section 6.

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Chapter 7 What aspects of Occupancy can give rise to issues under HRA?

Consider which aspects of the Convention can give rise to issues under domestic housing law. Potentially Art 6, 8 and Protocol 1.

Examine the issues that could give rise in outline. Examine the issues of the right to a home and how this has applicability in outline. Do the tenancies or indeed Freehold always give rise to this. Look at issues of the right to a fair hearing especially delay in proceedings (especially applicable to the Italian European Court jurisprudence). Are the powers ...

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