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Poss. human rights challenges to social housing reforms

anon | 20.11.2010 16:49 | Analysis | Public sector cuts | Social Struggles

Eviction for good behaviour to be enshrined in social housing! This CAN'T be legal!

 http://www.guardian.co.uk/society/2010/nov/20/housing-reform-end-lifetime-council-tenancies

Surely evicting people for working hard and paying their rent on time is a bit... well... legally dodgy?

I mean I'm no expert but my guess is that a human rights lawyer could drive a tank through this, particularly since the people being evicted won't be getting made homeless for doing anything wrong, in fact quite the reverse, they'll be thrown out of their homes for the heinous crime of doing well for themselves.

In particular the proposed law seem incompatible with Article 8 of the European Convention on Human Rights, which states that

1. Everyone has the right to respect for his private and family life, his home and his correspondence.

2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.

 http://en.wikipedia.org/wiki/Article_8_of_the_European_Convention_on_Human_Rights



For a discussion on Article 8 as it pertains to housing, see here:
 http://localgovernmentlawyer.co.uk/index.php?option=com_content&view=article&id=4068%3Ain-the-breach&catid=60%3Ahousing-articles&q=&Itemid=28

That said, I'm fully aware of the current practice of simply legalizing injustice, of saying "yeah, well, so what?" and sending the thugs in anyway. I'm also aware that Human Rights as constituted currently aren't really for the ordinary innocent people they were originally intended to protect, but rather a charter for crooks, thugs, terrorists and other scum to carry on doing whatever they like.

But this law is just so punitive - it's the sort of thing the Taliban would do. It has the same flagrant injustice, the revelling in unfair treatment of helpless, innocent people. The pandering to the very worst qualities of human nature, particularly jealousy that someone else is happy, and the desire not to get the same deal for oneself, but to take it away from your victim.

My prediction is that the shitmunching, hate-filled general public will buy it enthusiastically (in fact, they already are) and MPs will vote for it simply because they're spineless careerist dingbats, BUT - the Lords is another story and there may well be legal challenges - possibly serious ones that kill it dead.

Anyone else have any thoughts? Or is this a "marginal issue" for activists?

anon

Comments

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Yes, it's a human rights issue

20.11.2010 22:42

A person’s home is just that, a home. Somewhere to settle and put roots down, children if you have them to attend the local school and start long term friendships with other local children. The chance to be part of the local community and become involved in neighbourhood events.

To be wrenched away from a community that you feel you belong to would be both cruel and inhumane.

If a tenancy in the future is only going to be for two or three years, then what is the point of lovingly decorating the house and working hard to make the gardens nice? If I was starting a two year tenancy now, I would get no benefits from the fruit trees I have just planted, nor see the garden I have just worked so hard in reach maturity.

Would Prime Minister Cameron or his lapdog Clegg be happy to have to move from their homes in two years time?

It most certainly is a human rights issue.

Steve


It certainly isn't marginal

22.11.2010 01:04

Not for me it isn't, I'm both an activist and a trainee lawyer who specialises in housing law. I'm just waiting to see the details of what they think they are going to do. When I first heard about this proposal a coupe of months ago, I wondered how the fuck they thought they could bring it about without primary legislation. I'm guessing they're simply going to change the guidance for local authorities on allocation policy, if they are planning to do this within 6 months. Also, a tenancy agreement is essentially a contract between a landlord and a tenant and in theory it would be possible to write into the agreement that the tenancy will end when/if the tenant's earns above a certain amount. But imagine the intrusion that would be required to check out the tenant's finances. Also, tenancy and contract law is not simple. I foresee this becoming both a legal minefield and being wide open to a human rights challenge.

Carol Laidlaw
- Homepage: http://claimandcampaign.wordpress.com