THE JURISPRUDENCE OF THE EUROPEAN COURT OF HUMAN RIGHTS ABOUT HOUSING IN RELATION TO THE SPANISH LAW

Abstract

The economic and social crisis in our country has led to a debate about the enforceability of economic, social and cultural rights, particularly the right to housing. Despite it is not deemed to be a subjective right neither by the Spanish Constitution nor by international instruments ratified by Spain, the European Court of Human Rights has dealt with some elements of the right to housing through the interpretation of the civil and political rights enshrined in the European Convention on Human rights. This paper explores to what extent this doctrine may help to achieve grater justiciability of the right to housing in Spanish law and influence the evictions urged by public authorities and individuals