SOCIETÀ ITALIANA DI DIRITTO ED ECONOMIA
Alessio Sardo (Genova)
Gianluca Cerruti (Genova)
Abstract
This paper offers a comprehensive analysis of the case law of the European Court of Human Rights (ECtHR) concerning the right to housing, adopting a multidisciplinary approach that integrates law and (applied) economics perspectives. The study meticulously focuses on judicial decisions related to housing rights, examining the intersectionality of socioeconomic and contextual variables such as gender, age, nationality, Gross Domestic Product (GDP), and market dynamics within the context of housing access and affordability. The analysis draws on a unique dataset of ECtHR cases spanning over thirty decades, utilizing both quantitative and qualitative methods to uncover patterns and trends in judicial decision-making regarding housing rights.
From a legal standpoint, the paper scrutinizes the legal frameworks and interpretative principles that the ECtHR applies to cases involving the right to housing. It pays particular attention to key provisions of the European Convention on Human Rights (ECHR), including Articles 8 (Right to respect for private and family life), Article 1 Protocol 1 (Right to peaceful enjoyment of possession), and Article 14 (Prohibition of discrimination). The analysis dissects the evolving jurisprudence of the ECtHR and its implications for the harmonization of housing rights across member states. The paper further evaluates the impact of these judicial decisions on domestic legal systems, particularly how the standards set by the ECtHR influence national housing policies, legislative frameworks, and administrative practices. By engaging in a doctrinal analysis, the study delineates the contours of the right to housing as interpreted by the ECtHR, exploring the degree to which the Court has recognized housing as an essential component of the right to private and family life, property rights, and the prohibition of discrimination.
In conjunction with legal analysis, this paper employs an economics perspective to examine the socioeconomic determinants of housing outcomes, particularly how these factors influence the ECtHR's judicial outcomes. The research interrogates the impact of macroeconomic variables such as GDP per capita, unemployment rates, inflation, and income inequality on housing access and affordability. Moreover, the study considers how demographic variables—including gender, age, and nationality—interact with market forces to create disparate housing outcomes among different socioeconomic groups.
A critical aspect of the economic analysis is the exploration of housing market dynamics, including the phenomena of housing affordability crises, market segmentation, and the bifurcation of housing markets into ownership versus rental sectors. The paper correlates these market phenomena with judicial outcomes, demonstrating how economic pressures such as rising housing costs, speculative bubbles, and unequal access to credit markets shape the ECtHR's decisions. The study further examines the role of government interventions in housing markets—such as subsidies, rent controls, and social housing programs—and their effects on both housing affordability and the realization of housing rights as adjudicated by the ECtHR.
The paper's interdisciplinary approach allows for a nuanced understanding of the intersection between law and economics in the context of housing rights. By applying economic theories such as market failure, public goods, and externalities, the study elucidates the economic underpinnings of housing-related human rights issues. For instance, the paper discusses how the right to housing can be framed as a response to market failures that prevent equitable access to housing, such as information asymmetries, monopolistic practices in land markets, and negative externalities associated with inadequate housing conditions.
Additionally, the paper delves into the implications of housing market segmentation, where different sub-markets exhibit distinct price dynamics and barriers to entry. The study investigates how such segmentation exacerbates socio-economic inequalities, particularly among marginalized groups such as low-income households, migrants, and the elderly. By analyzing ECtHR case law in this context, the paper demonstrates how judicial decisions have either mitigated or perpetuated these inequalities, depending on the Court's interpretation of housing rights in relation to market realities.
The quantitative analysis in the paper includes an examination of longitudinal data on housing outcomes across European countries, correlating these trends with ECtHR decisions. The study employs regression analysis to identify the statistical significance of various socioeconomic factors on judicial outcomes, offering insights into the predictive power of these variables in determining the likelihood of favorable or unfavorable rulings on housing rights cases. Moreover, the paper utilizes case studies to illustrate the practical implications of ECtHR rulings on national housing policies, highlighting instances where the Court's decisions have prompted legislative reforms, policy shifts, or changes in administrative practices.
The paper also engages with contemporary debates in both law and economics, such as the role of human rights in addressing economic inequalities and the potential for judicial activism in the economic sphere. It critically assesses the extent to which the ECtHR has embraced or resisted the notion of housing as a fundamental human right that requires positive state action, rather than merely negative obligations to refrain from interference. The study discusses the implications of this stance for the broader discourse on social and economic rights within the European human rights framework.
By combining law and economics perspectives, this paper contributes to a deeper understanding of the complexities surrounding the right to housing within the ECHR framework. It provides evidence-based arguments for informed policies aimed at promoting equitable access to housing and addressing housing-related inequalities at the human rights level. The findings underscore the need for a more integrated approach to housing policy, one that aligns legal standards with economic realities to ensure that housing rights are effectively realized for all individuals, regardless of their socio-economic status. The paper concludes with policy recommendations that emphasize the importance of cross-sectoral collaboration between legal institutions, economic policymakers, and social advocates in advancing the right to housing in Europe.