European Journal of Migration and Law 19 (2017) 335–369 brill.com/emil (In)formal Migrant Settlements and Right to Respect for a Home Lieneke Slingenberg Vrije Universiteit, Amsterdam, The Netherlands
[email protected] Louise Bonneau* Vrije Universiteit, Amsterdam, The Netherlands
[email protected] Abstract Across European cities, migrants without access to state facilities, resort to living in ‘makeshift camps’ or squats. These settlements are usually evacuated and demolished by state authorities. Instead of discussing the state’s positive obligation to provide de- cent housing, this article focusses solely on the state’s negative obligations under the right to respect for a home as laid down in Article 8 of the European Convention of Human Rights (ECHR). Drawing upon the cases of Calais and Amsterdam, this article scrutinizes domestic case law about evictions from (in)formal migrant settlements and compares that to case law of the European Court of Human Rights (ECtHR). We argue that the ECtHR case law provides a relevant framework that should be used to evaluate the legitimacy of evictions and destructions of (in)formal migrants’ settle- ments. Despite the fact that applying this framework would not entail a complete ban on evictions, it would provide some welcome (procedural and substantive) protection for migrants. * Thanks to Jeroen Doomernik, Tamara Last, Bas Schotel, Thomas Spijkerboer and the anony- mous referee for their useful comments on earlier drafts. Preliminary results and earlier ver- sions of this article have been presented at the DAMR Fall meeting on ‘Urban Refugees and Migrant Integration in the City’ (18 November 2016, Tilburg University) and at a colloquium of the Paul Scholten Centre for Jurisprudence (21 March 2017, University of Amsterdam).