Human Rights Law Is No Assistance For Dealing With...

LAND LAW ASSESSEMENT 2 STUDENT : 13003135 TUTOR : Sarah Keenan LLB YEAR 2 word count excluding bibliography 3661 ‘Human rights law is of no assistance in dealing with homelessness.’ Discuss STUDENT: 13003135 ‘Human rights law is of no assistance in dealing with homelessness.’ Discuss HOME SWEET HOME â€Å"The labour of his body, and the work of his hands, we may say, are properly his.† Introduction Even though it has been argued that Human rights is of little assistance in dealing with homelessness, this essay will argue that human rights have marginally opened the gateway for a defense in homelessness cases. This essay will do this by looking at Article 8 and†¦show more content†¦The main purpose of the ECHR which being a product of post-war Europe was to promote and expand the freedoms that are today considered paramount to human life in society. It is a requirement that domestic legislation is compatible with the European Convention of Human Rights. The bulk of these rights were engaged and incorporated into the ECHR, however the right to property was not agreed to until 1954 . It has so far been included in a separate protocol, although the ECHR was incorporated into domestic law by the HRA 1998, the rights are not to far from that of those that go back to the traditional principles founded for many centuries. This is firmly stated by Professor C.B. Macphearson where by he tells us that the idea of property is expanded, right to a kind of society or set of power relations which will enable the individual to live a fully human life. looking back to older property philosophy according to John Locke the concept of property was seen to be embracing of a persons ‘life, liberty and estate, the essay will go onto link this theory at the end of the essay. Article 1 of the first protocol can be shown to include the principle that no one shall be deprived of their property, this has been an emblem in democratic government. The attachment of the home can be seen to emanate from article 8, which reflects that a person has a