The concept of «housing» through the prism of the practice of the ECHR

The article is devoted to highlighting current issues of broad interpretation of the concept of «home» by the European Court of Human Rights (hereinafter – the Court) in the context of the right to housing guaranteed by Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms of 1950 (hereinafter - the Convention). The author proves that the Court’s interpretation of Article 8 of the Convention corresponds to the realities of our time and the changes that society is facing today, and this shows that the Convention is a living instrument for the protection of human rights and fundamental freedoms. Based on the analysis of the Court’s practice, it is established that the concept of «home» is autonomous, and the Court is not limited to understanding this term by national legislations in its interpretation. It is proven that the Court adheres to an approach that focuses on establishing the fact that a person has an emotional connection with their place of residence, which must be sufficient and continuous in order to recognize this place as a «home» within the meaning of Article 8 of the Convention. It is proven that a person’s involuntary absence from their home does not weaken their emotional connection with it. It is argued that the forced displacement of a person from their home cannot be considered as grounds for terminating their continuous connection with it, which proves that the relevant place continues to be considered a «home» within the meaning of Article 8 of the Convention. It is established that objects that are just in the production stage, as well as those that may be inherited in the future, cannot be considered a «home,» as the person does not have a current emotional connection to such places. It is argued that the Court has established general criteria for recognizing a specific place as a «home» within the meaning of Article 8 of the Convention. However, when making decisions, the Court still relies on a separate analysis of the facts of each case in which a person’s right to housing has been violated, analyzing whether a specific place meets the characteristics of a person’s home. Accordingly, the research shows that the Convention, thanks to this approach of the Court, adapts to all the special realities of today, which is a prerequisite for the effective protection of the right guaranteed by the Convention.