ISLL papers. The online collection of the Italian society for law and literature (2024). Vol. 17

In recent decades, many European cities have witnessed a progressive emptying of urban public space, and in particular of its function as a space for the expression of diversity. This process is fuelled by several factors, including policies of privatisation of public space, the emergence of new forms of exclusion from public space, and the criminalisation of uses deemed “inappropriate” for public space. Surprisingly, legal doctrine has paid little attention to the proliferation of regulations of urban space that interfere with the exercise of fundamental rights, especially those of the most vulnerable. This article aims to provide my initial thoughts on the topic based on some recent judgments of the European Court of Human Rights.