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(p. 91) 4. Human rights and land 

(p. 91) 4. Human rights and land
(p. 91) 4. Human rights and land

Ben McFarlane

, Nicholas Hopkins

, and Sarah Nield

Page of

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date: 18 January 2020

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter examines the mechanics of how the Human Rights Act 1998 (HRA 1998) brings human rights home. It then explores Art 1 of the First Protocol (protection of possessions) and Art 8 (respect for the home). Art 14 (protection from discrimination) and Art 6 (right to a fair trial) are also outlined. Whilst compliance with Art 1 of the First Protocol has required little change in domestic law, a recent string of cases concerning compliance with Art 8 and repossession of the home has demonstrated a that a new approach is necessary to comply with human rights norms.

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