Home, Human Rights and Horizontal Effect: An English Approach to Article 8 of the European Convention on Human Rights

Article


Jackson, A. 2018. Home, Human Rights and Horizontal Effect: An English Approach to Article 8 of the European Convention on Human Rights. Queen Mary Human Rights Review. 4 (1).
AuthorsJackson, A.
Abstract

In McDonald v McDonald [2016] UKSC 28, the Supreme Court held that there was no breach of Article 8 of the European Convention on Human Rights if a private landlord sought to evict a tenant using the accelerated possession procedure. In reaching this decision, it refused to imply a proportionality test into the Housing Act 1988 or make a declaration of incompatibility under the Human Rights Act 1998. Against that background, this article provides an analysis of the theoretical and practical concerns affecting a tenant’s Article 8 rights to respect for the home, as well as a landlord’s correlative duties. It concludes that these rights will only be protected adequately and in accordance with the rule of law if legislation is introduced, with the aim of protecting a tenant’s dignity. That is necessary both for legal certainty and to ensure that a fair balance is struck between the interests of landlord and tenant.

KeywordsHousing; Human Rights; Possession Proceedings; Right to Respect for the Home; European Convention on Human Rights
JournalQueen Mary Human Rights Review
Journal citation4 (1)
ISSN2059-8092
Year2018
PublisherQueen Mary University of London
Publisher's version
License
Web address (URL)http://www.law.qmul.ac.uk/humanrights/hrlr/human-rights-law-review-vol-4/
Publication dates
OnlineAug 2018
Publication process dates
Deposited05 Sep 2018
Accepted27 Jun 2018
Accepted27 Jun 2018
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https://repository.uel.ac.uk/item/8474x

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