1,721,013 research outputs found
The routledge handbook of global perspectives on homelessness, law & policy
No full textThis handbook provides a comprehensive global survey and assessment of the law and policy relating to homelessness prevention. Homelessness is regarded internationally as one of the most pressing issues facing humanity and one of the greatest social challenges of our times. This has been further amplified as a result of the Covid-19 pandemic. Across the globe, there is an enormous divergence in both experiences of and responses to homelessness from governments and state actors. This handbook examines how different jurisdictions from across all five continents of the world have encountered, framed and responded to homelessness. Written by expert scholars and leaders in their field, the book engages in a multidisciplinary and comparative analysis of homelessness as an issue of acute social concern. Understandings of homelessness are geographically, culturally and historically situated, making analysis of each jurisdiction's approach by a national expert deeply insightful. The collection examines legal and extra-legal policy interventions targeted at reducing or preventing homelessness from across the globe. Drawing on diverse perspectives, differing cultures and welfare regimes, it thus constitutes a timely evaluation of current approaches to homelessness internationally. This book will appeal to students and scholars of homelessness, sociology, social policy, anthropology, and urban sociology, as well as international and national policymakers.</p
The meaning of home: from theory to practice
No full textThis paper aims to analyse the development and application of the conceptual framework within which housing scholars can think, talk about and advocate for ?home?. Design/methodology/approach ? It reflects on the theoretical progress that has been made in embedding a legal concept of home in the last decade, and identifies opportunities for this scholarship to support critical engagement with laws and policies that give content to home meanings. Findings ? A key goal for the concept of home is to help us to think about problems differently, by highlighting important issues flowing from the human relationship with home; with the ways in which the idea of home is present or absent in legal responses to home issues. A focus on home meanings enables us to examine questions which are not always deemed ?relevant? to legal proceedings, for example, the human, social and personal costs of displacement and dispossession. The concept of home provides the vocabulary, and the theoretical framework, for articulating these human claims more coherently. It enables us to identify those problems in need of policy attention; to develop a narrative to express them; and to generate support for solving them. Originality/value ? Ten years after the publication of ?The meaning of home?, this article reflects on the development of the legal concept of home, and the range of contemporary housing issues to which its applications are both relevant and significant
Housing rights: positive duties and enforceable rights at the European Court of Human Rights.
No full textDiscusses the European Court of Human Rights\u27 development of a human rights perspective on positive obligations in the context of housing. Traces the move from traditional liberal concepts of negative rights, the influence of post-war welfare state models and the contemporary state since the 1980s. Examines, with emphasis on property rights, the jurisprudence of the European Court of Human Rights. Considers salient articles of the European Convention on Human Rights 1950, focusing on Art.3, Art.6 and Art.8 and the implied positive obligations.
This article explores the role of positive obligations developed by the European Court of Human Rights in the context of housing. The author considers the context of this development, starting with traditional liberal notions of negative rights and post-war welfare state models, and then more modern approaches. The author then looks at different articles of the European Convention on Human Rights which the Court has established include positive obligations. The author concludes that the Court has much work to do in refining positive housing rights obligations, but might find valuable jurisprudence within the Council of Europe
Housing rights: positive duties and enforceable rights at the European Court of Human Rights.
No full textDiscusses the European Court of Human Rights' development of a human rights perspective on positive obligations in the context of housing. Traces the move from traditional liberal concepts of negative rights, the influence of post-war welfare state models and the contemporary state since the 1980s. Examines, with emphasis on property rights, the jurisprudence of the European Court of Human Rights. Considers salient articles of the European Convention on Human Rights 1950, focusing on Art.3, Art.6 and Art.8 and the implied positive obligations. This article explores the role of positive obligations developed by the European Court of Human Rights in the context of housing. The author considers the context of this development, starting with traditional liberal notions of negative rights and post-war welfare state models, and then more modern approaches. The author then looks at different articles of the European Convention on Human Rights which the Court has established include positive obligations. The author concludes that the Court has much work to do in refining positive housing rights obligations, but might find valuable jurisprudence within the Council of Europe.peer-reviewe
What\u27s Fair? Realising the right to Independent Living for people with intellectual disabilities: what Ireland needs to do.
No full textIreland has a long and shameful history of providing for the support and housing needs of people with intellectual disabilities in large institutions. This is not unique to Ireland, nor to people with intellectual disabilities. In recent years these large institutions are gradually being replaced by smaller, community-based residential models. The extent to which these models, and the legislative framework which supports them, can meet the ideals of Independent Living and Community Inclusion in Article 19 of the Convention on the Rights of Persons with Disabilities is the focus of this research. The research seeks firstly, to provide a philosophical foundation for the realisation of the right to Independent Living, and proposes that a Universalist approach based on Rawls\u27s Principles of Justice provides a good basis for this. Fairness is at the heart of Rawls\u27s principles, and any implications arising from the realisation of the Independent Living right must be fair, not just to disabled people but to all citizens. An examination of current legislation applicable in Ireland forms the core of the work. It includes an analysis of legislation and relevant case law at UN, COE, EU and national levels. It explores those aspects of legislation which support the core elements of the Independent Living right, the gaps in legislation and the barriers in current law. Finally it seeks to identify the legislative changes which are required to enable the right to Independent Living for people with intellectual disabilities in Ireland. While robust legislation is important in supporting human rights, the research recognises that it is only one aspect of what is required, and that broader cultural perceptions of people with intellectual disabilities is equally important. In this regard enabling people to live in their communities and recognising and supporting their legal capacity are fundamental
Application of the doctrine of adverse possession under English and Nigerian law: A comparative study
No full textThis thesis engages a comparative study of the application of the doctrine of adverse
possession under English and Nigerian law. Whilst the pre-colonial geographical
entity which later became known as Nigeria had both the customary and Islamic
systems of land tenure in place before the British rule, the ensuing colonial
administration facilitated the reception of English law which introduced the English
land tenure system including the doctrine of adverse possession into Nigeria, subject
to local circumstances and local legislation. Consequently, a plural system of land
tenure emerged with an attempt by the Land Use Act enacted in 1978 to consolidate
them and streamline the system of landholding in the country. This historical
background informed this comparative study of the application of the doctrine of
adverse possession in its pristine form under English law (applicable in England and
Wales), and its application in Nigeria - a country driven by a plural legal system.
Using the qualitative/doctrinal research methodology, the thesis engages an inquiry
into the application of the doctrine of adverse possession under English and
Nigerian law against the backdrop of the peculiarities of the prevailing social
circumstances and divergent legal systems applicable in the jurisdictions under
study. A summary of the findings in this thesis is that whilst the doctrine of adverse
possession may be of general application in the common law and civil law
jurisdictions, the historical evolution of the Nigerian legal system, the peculiar social
circumstances of the Nigerian land tenure systems, the divergent pieces of local
legislation and the extant state land policy, have streamlined the application of the
English doctrine of adverse possession in Nigeria
Application of the doctrine of adverse possession under English and Nigerian law: A comparative study
No full textThis thesis engages a comparative study of the application of the doctrine of adverse possession under English and Nigerian law. Whilst the pre-colonial geographical entity which later became known as Nigeria had both the customary and Islamic systems of land tenure in place before the British rule, the ensuing colonial administration facilitated the reception of English law which introduced the English land tenure system including the doctrine of adverse possession into Nigeria, subject to local circumstances and local legislation. Consequently, a plural system of land tenure emerged with an attempt by the Land Use Act enacted in 1978 to consolidate them and streamline the system of landholding in the country. This historical background informed this comparative study of the application of the doctrine of adverse possession in its pristine form under English law (applicable in England and Wales), and its application in Nigeria - a country driven by a plural legal system. Using the qualitative/doctrinal research methodology, the thesis engages an inquiry into the application of the doctrine of adverse possession under English and Nigerian law against the backdrop of the peculiarities of the prevailing social circumstances and divergent legal systems applicable in the jurisdictions under study. A summary of the findings in this thesis is that whilst the doctrine of adverse possession may be of general application in the common law and civil law jurisdictions, the historical evolution of the Nigerian legal system, the peculiar social circumstances of the Nigerian land tenure systems, the divergent pieces of local legislation and the extant state land policy, have streamlined the application of the English doctrine of adverse possession in Nigeria
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