TY  - JOUR
A1  - Grohmann, Nils-Hendrik
T1  - Tracing the development of the proportionality analysis in relation to forced evictions under the ICESCR
T2  - Human rights law review
N2  - Since 2013, the Committee on Economic, Social and Cultural Rights can examine individual communications under the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (ICESCR). This opens up the possibility to interpret Covenant provisions in a thorough manner. With regard to forced evictions and the right to housing under Article 11 ICESCR, one can discern a fast-developing approach concerning the proportionality analysis of evictions, entailing the establishment of specific criteria that may guide such analysis. This paper seeks to delineate these developments and will also shed light on possible general trends on the topic of limitations within the Committee’s emerging jurisprudence. In doing so, the paper will address if, and how, the developing proportionality analysis under the individual complaints procedure takes into consideration multi-discriminatory dimensions of State measures and how it specifically relates to or incorporates other ICESCR-concepts, such as minimum core obligations or the reasonableness review under Article 8(4) OP ICESCR.
KW  - discriminatory dimensions of forced evictions
KW  - reasonableness
KW  - proportionality analysis
KW  - forced evictions
KW  - right to housing
KW  - CESCR Committee
Y1  - 2022
UR  - https://publishup.uni-potsdam.de/frontdoor/index/index/docId/63315
SN  - 1461-7781
SN  - 1744-1021
VL  - 22
IS  - 3
SP  - 1
EP  - 24
PB  - Oxford University Press
CY  - Oxford
ER  -