Toward a right to housing before the ECHR for asylum seekers and its use on other vulnerable populaitons

The European Convention on Human Rights, through its direct applicability, is at the forefront of the protection of fundamental rights. The obligations it encompasses have considerably expanded since 1953, notably thanks to the “living instrument” theory. However, the European Court of Human Rights is still adamant on not granting a right to housing.
The protection of asylum seekers could be an opening against this refusal. Since M.S.S v. Belgium and Greece, the Court has progressively recognized violations of the Convention because States did not provide asylum seekers with proper accommodations during their claims. Right to housing is thus starting to be included in the ECHR case-law, for this particular population, because of their dependency on public help.
This contribution argues that the recognition of a right to housing through the ECHR is underway, in first assessing the development of such a protection for asylum seekers, to how it could impact other vulnerable populations.