Week in links – Week 49/2011

Very briefly this week:

IDMC has much of interest, including updates on land restitution in Colombia, forced evictions of Roma in Serbia, and an ongoing crackdown on West Papua. Of most interest is a new report on land rights and ethnic conflict in Northeast India, but I won’t go into more detail here as I am quite hopeful that the author, Anne-Kathrin Glatz, will shortly be introducing the issue in more detail in a guest-posting. Finally, a new research report is available on ‘unlocking’ situations of protracted refugee and IDP displacement.

Meanwhile, Antoine Buyse of the ECHR Blog provides an enlightening summary of a new European Court of Human Rights judgment – in the case of Gladysheva v Russia – involving the rights to property and the the home. On the property side, the Court finds an unsurprising violation in the annulment of the applicant’s purchase of an apartment from the person who had fraudulently privatized it (pointing out that the privatization resulted from the state’s failure of due diligence). On the housing side, the Court condemns the summary eviction proceedings initiated as a result and orders the equivalent of restitution (restoration of title and quashing of the eviction order). Antoine points out the significance of some particularly strong dictum on the centrality of the right to the home:

This judgment sends a clear signal that national authorities should take housing rights, specifically the protection of the home, seriously. Under the ECHR, this is more than a simple property issue – respect for the home also has important social and other connotations which strengthen the protective umbrella of the ECHR (the issue of attachment to a home counts) in such cases. Individual interests based on this should always be taken into account by states when interfering with housing rights. To put it differently, human rights start at home!

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