L. J. W. v. Belgium. (Communication No. 61/2018) [23.11.2021]

 

Date of the decision: 23.11.2021

 

Country: Belgium

 

Jurisdiction: Committee on Economic, Social and Cultural Rights

 

Legal basis: Article 11 (1) of the International Covenant on Economic, Social and Cultural Rights

 

Subject:  Eviction of the tenant following judicial proceedings initiated by the owner - Right to adequate housing

 

The case concerned an elderly man, Lorne Joseph Walters, a Belgian citizen, born in 1945. On October 17, 2018, he was evicted from his home, an apartment in Brussels in which he had rented and lived in for 24 years, following a unilateral termination of the lease by the landlord. The tenant could not be accused of any contractual breach, as he had neither damaged the premises nor failed to pay any rent. The tenant was not able to find adequate alternative housing solutions, including social housing. As a result, he found himself on the street after the eviction. The tenant claimed that the government had failed to provide him an appropriate alternative accommodation, and therefor to be a victim of a violation by the State party of his rights under article 11 of the International Covenant on Economic Cultural and Social Rights (ICECSR).  

 

The Committee on Economic, Social and Cultural Rights, acting under article 9 (1) of the Optional Protocol, finds in their Views (E/C.12/70/D/61/2018) that the facts preseinds in this case constitute a violation by the state of Belgium of the man’s right to adequate housing under article 11 (1) of the ICESCR. 

 

In the light of this, the Committee urged Belgium to: 

 

Provide effective reparation to the man, allocating social housing to him or providing him with any other measure enabling him to live in adequate housing, compensate him for the violations suffered and reimburse him for the legal costs reasonably incurred in submitting this communication.  

Review its current legislation and enforcement that allows the landlord to terminate the lease without cause in order to avoid a disproportionate impact on the right to adequate housing of disadvantaged groups, and, if necessary, make the necessary adjustments so that it is consistent with the obligations established under the ICESCR. 

 

Submit to the Committee, within a period of six months, a written response, including information on measures taken in follow-up to the Views and recommendations of the Committee.