Owning the Right to Stay: The Right to Housing and the Protection of Squatters Against Eviction in the Netherlands

Abstract The right to housing is internationally recognised as a fundamental human right, particularly in protecting individuals from eviction. This paper examines how this right applies to squatters in the Netherlands, a country with a long history of squatting, housing shortages and an eviction process governed by criminal law. Combining doctrinal legal research with qualitative case law analysis, the paper investigates how human rights standards shape the eviction process. First, it traces the historical evolution of squatting, identifying four key periods: its emergence, its development into a social movement, growing legal and societal opposition, and its eventual criminalisation in 2010. Second, it examines the underlying rationales and consequences of criminalising squatting and using criminal law to evict squatters. Third, it analyses the legal (human rights) framework protecting squatters from eviction and studies how Dutch courts interpret and implement these human rights standards. While the paper reveals a hardened political stance toward squatting, it also uncovers persistent judicial resistance to this trend. The paper shows how the Dutch judiciary has consistently invoked the right to housing to assert a more protective legal framework for squatters and to address broader challenges such as vacancy amidst a housing crisis. The findings contribute to ongoing debates on the role of the right to housing in property disputes, the social function of property, and the limits of ownership.