HUMAN RIGHTS AND HOUSING ESTATE EXPROPRIATION: THE HUMAN IMPACT ON COMMUNITIES - Softcover

Inhaltsangabe

The aim of this text is to assess whether human rights law is an effective mechanism to challenge the harm caused by housing estate regeneration effected by the use of compulsory purchase orders in the United Kingdom. The focus of this text relates to the actions of local authorities or public bodies that attract the jurisdiction of the ECHR and the applicable international human rights law. The book analyses any potential or existing human rights breaches associated with estate regeneration under the ECHR regime and briefly discusses the relevant international human rights law. International human rights law although discussed briefly below requires a separate chapter in terms of assessing how international human rights law safeguards against violations associated with CPO enforced estate regeneration. The ECHR rights examined here which are associated with the use of CPOs in housing estate demolition, include the right to a peaceful and quiet enjoyment of one’s home, respect for the home (Art 8), fairness, transparency and the expeditious nature of the whole process (Art 6), equality of treatment (Art 14), freedom of association, expression (Art 9 and 10), Art 13 dealing with Just compensation or the appropriate legal remedies, Art 2(right to life), Equal treatment, impact on children and applicable international law as indicated in detail below.The ECHR rights above are juxtaposed with the underlying practical policies, practices, decisions and impact on individuals or the wider community. Commencing with the initial decisions, consultation process, internal processes, viability reports, environmental issues, equality matters, planning permission and the eventual adverse impact on residents in the respective communities. The impact on communities is assessed by examining fundamental life indicators like employment, finances, culture, health, the disproportionate impact on racial minorities and whether the statutory compensation is fair or equitable.

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