López Albán v. Spain (Communication No. 37/2018) [11.10.2019]

 
Date of the decision: 11 October 2019
 
Jurisdiction: UN Committee on Economic, Social and Cultural Rights, Optional Protocol to the International Covenant on Economic, Social and Cultural Rights
 
Country: Spain
 
Subject: Assesment of proportionality of an eviction in cases of illegal occupation. 
 
The case concerned a single mother with six children squatting a vacant apartment owned by a financial firm. She had been excluded from the possibility of obtaining social housing. The family was eventually evicted without adequate alternative accommodation: in one of the emergency shelters they stayed at, two of the minor children were separated from their mother and siblings.
 
This decision (E/C.12/66/D/37/2018) for breaching Article 11.1 of the OP-ICESCR and, by extension, the right to adequate housing of a mother and her six children, considers that "the eviction of the family occurs without an examination of proportionality by the authorities constituted a violation of their right to housing. Similarly, the Committee considers that the refusal of the public housing author's application without taking into account her situation of need and only because she was occupying a dwelling without a legal title constituted, in itself, a violation of her right to adequate housing."
 
Read the texte of the decision. (Nov.2019) 
English
Jurisdiction: 
Committee on Economic, Social and Cultural Rights
Subject: 
Right to housing
Country: 

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