sh.sePublications
Change search
CiteExportLink to record
Permanent link

Direct link
Cite
Citation style
  • apa
  • ieee
  • modern-language-association-8th-edition
  • vancouver
  • Other style
More styles
Language
  • de-DE
  • en-GB
  • en-US
  • fi-FI
  • nn-NO
  • nn-NB
  • sv-SE
  • Other locale
More languages
Output format
  • html
  • text
  • asciidoc
  • rtf
What Protection of the Right to Housing do Illegal Occupiers Enjoy?: A Study of the Protection in Sweden in Light of the Example of South Africa
Södertörn University, School of Social Sciences.
2014 (English)Independent thesis Advanced level (degree of Master (Two Years)), 20 credits / 30 HE creditsStudent thesis
Abstract [en]

With a history of racial discrimination, which inevitably led to illegal occupations of private and public land and subsequent violent evictions, South Africans have enjoyed constitutional protection against illegal and forcible evictions since the mid-1990s. Sweden, a country considerably less accustomed to illegal occupations, does not guarantee the same protection against forcible evictions. However, the recent influx of Roma from Romania and Bulgaria to Sweden without the means to support themselves has resulted in an increase of illegal occupations and led to evictions from publicly owned land. This paper examines: (i) how the case of South Africa relates to the situation in Sweden, (ii) the extent of legal protection offered by Sweden relating to the right to housing and (iii), whether when carrying out such evictions, Sweden respects European legislation and precedent.

The results show that South African and European courts have interpreted the right to housing as a right to alternative accommodation for illegal occupants. With no constitutional right to housing in Sweden, legislation only guarantees the right to housing for holders of a permanent right of residence. For EEA citizens, such as Romanians or Bulgarians, the right of residence is conditional. In the absence of a legal obligation to consider the situation of illegal occupiers or to provide alternative accommodation, there seems to be a gap in Swedish legislation; leading to a failure on the behalf of the state to adhere to European commitments and to protect those most vulnerable in society.

Place, publisher, year, edition, pages
2014. , 55 p.
Keyword [en]
Human rights, right to housing, eviction, illegal occupiers, Roma
Keyword [sv]
Mänskliga rättigheter, rätt till bostad, vräkning, avhysning, olaglig ockupering, romer
National Category
Law
Identifiers
URN: urn:nbn:se:sh:diva-26527OAI: oai:DiVA.org:sh-26527DiVA: diva2:792758
Subject / course
Public Law
Uppsok
Social and Behavioural Science, Law
Supervisors
Examiners
Available from: 2015-03-05 Created: 2015-03-05 Last updated: 2015-03-05Bibliographically approved

Open Access in DiVA

fulltext(592 kB)572 downloads
File information
File name FULLTEXT01.pdfFile size 592 kBChecksum SHA-512
c241cac8f98045af16b387651df01dfcf2c39d7384fdd9c33b7d32608ba844c8415d6fa78c9b44bd19fe8dc5e13faa055b25256bec3909a96b2db62db31b9fab
Type fulltextMimetype application/pdf

By organisation
School of Social Sciences
Law

Search outside of DiVA

GoogleGoogle Scholar
Total: 572 downloads
The number of downloads is the sum of all downloads of full texts. It may include eg previous versions that are now no longer available

Total: 1314 hits
CiteExportLink to record
Permanent link

Direct link
Cite
Citation style
  • apa
  • ieee
  • modern-language-association-8th-edition
  • vancouver
  • Other style
More styles
Language
  • de-DE
  • en-GB
  • en-US
  • fi-FI
  • nn-NO
  • nn-NB
  • sv-SE
  • Other locale
More languages
Output format
  • html
  • text
  • asciidoc
  • rtf