Migrant evictions in Calais and Amsterdam in relation to human rights law

What is it about?

This article discusses the domestic legal framework and case law with regard to migrants who are evicted from their squats or makeshift camps in Amsterdam and Calais. This is then compared to the case law of the European Court of Human Rights on the right to respect for a home. It argues that this human rights law is not correctly applied by Dutch and French judges, whereas it provides important protection for migrants.

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Photo by Lea Böhm on Unsplash

Photo by Lea Böhm on Unsplash

Why is it important?

Much has been written on the obligation of states to provide shelter and basic benefits to irregular migrants under human rights law. It is, however, just as important to discuss when the state is required under human rights law to abstain from interfering in migrants' lives.