The demolition of homes belonging to families from marginalized Roma communities has begun in the Lubina locality in the Košice – Nad jazerom borough. According to public statements made by the mayor of the borough, residents are expected to dismantle their own homes and relocate to accommodation they have secured themselves.

As an organization providing legal assistance and long monitoring compliance with human rights, we visited the locality and spoke with its residents. Several of them told us that they do not want to demolish their homes because they have no alternative accommodation and nowhere else to go.

The demolition of a home constitutes one of the most serious interferences with the right to respect for private and family life. According to the case law of the European Court of Human Rights, as well as Slovak courts, homes may enjoy legal protection even if they have not been formally authorized under building regulations, provided that people have been living in them for a long period of time. The mere fact that a structure is located on someone else’s land or lacks the necessary permits does not automatically mean that it can be demolished without respecting legal procedures and the fundamental rights of its occupants.

We also drew the attention of the Košice – Nad jazerom borough to these legal principles. In our position statement, we emphasized that, in the absence of a lawful procedure and a final decision by the competent authority, the demolition of homes may constitute an unlawful interference with the fundamental rights of the persons concerned. We further stressed that even where there is a lawful basis for the demolition of a home, public authorities are obliged to assess the proportionality of such an interference on an individual basis, ensure full compliance with procedural safeguards, and seek solutions that do not result in homelessness.

Respect for property rights and compliance with building regulations are undoubtedly legitimate objectives. However, their enforcement must be carried out in accordance with the Constitution of the Slovak Republic, Slovakia’s international human rights obligations, and the principle of respect for human dignity. A home cannot be demolished in a manner that circumvents legal procedures or leaves people without a roof over their heads.

The Centre for Civil and Human Rights will continue to monitor the situation and, depending on further developments, will consider taking additional legal action to protect the rights of the persons concerned.