Date of the decision: 14 March 2022
Country: Spain
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 claimants from their home - Right to adequate housing
Background
In 2007 Aicha concluded a tenancy agreement for her dwelling, where she also cared for her three children. When she learned that the house in which she resided as a tenant had been auctioned and adjudicated to a bank in foreclosure proceedings against its owners, Aicha submitted a letter to the Court, pointing out the existence of her lease and requesting that it be respected by the new owner, but the request got dismissed. Faced with the difficulty of obtaining other market-rate rental housing by her own means, Aicha repeatedly requested assistance from social services, as well as social housing. In the beginning of 2019, she submitted a written request to the Court of First instance, requesting the suspension of the eviction due to the lack of alternative housing. Despite her long struggle, Aicha and her three children were evicted in January 2020.
The complaint
The case was brought before the CESCR with the support of the Spanish housing organisation Provivienda. In the communication to the Committee on Economical, Social and Cultural Rights´ (CESCR). The applicant underlined that by signing the Covenant of Economical, Social and Cultural Rights, Spain has committed itself to effectively promote the right to adequate housing and to provide means of shelter for persons without resources or at risk of eviction, in application of the right to adequate housing. This specific obligation to provide housing for persons at risk of eviction without alternative housing is derived directly from Article 11 of the Covenant of Economic, Social and Cultural rights, as well as from the Committee on Economical, Social and Cultural Rights´ (CESCR) General Comments Nos. 4 and 7.
The claimant had made it clear that she was not in a position to provide for herself by her own means because of her family socio-economic situation, and that she had no alternative accommodation. The applicant considers that, in these circumstances, the eviction order against her and her family without provision for alternative housing is contrary to the Spanish Government´s obligations under the Covenant and a violation of the right to housing under article 11 (1).
Recommendations of the CESCR to guarantee the right to housing
The CESCR considers in its latest decision[1]that the right to housing has been violated in the case of Aicha and the 3 children under Article 11 (1) of the Covenant. In these circumstances, the Committee considers that the State party should, in particular:
- Engage in genuine consultation with the claimant to examine the family's possible needs for adequate alternative
- Engage in genuine consultation with the affected person to examine the possible needs of the family for adequate alternative housing, and provide it if necessary; and
- Reimburse the author for any legal costs reasonably incurred in pursuing this communication.
In addition, the CESCR reminds Spain of its "obligation to prevent similar violations in the future", urging it to "ensure that its legislation and its implementation are in conformity with the obligations set out in the Covenant", in particular:
- Ensure that the regulatory framework enables persons subject to an eviction order that may expose them to the risk of destitution or a violation of their rights under the Covenant to rights under the Covenant to challenge the decision before judicial authorities, or other impartial and independent authority with the power to order the cessation of the violation and to provide an effective remedy
- Adopt the necessary measures to ensure that evictions involving persons without resources are provided with alternative housing. Especially in cases involving families, the elderly, minors and people in vulnerable situations.
- Formulate and implement, together with the autonomous communities, a plan to guarantee the right to adequate housing for persons with low income in accordance with the General Comment no 447.
The State party must now within six months submit to the Committee a written response, including information on the measures it has taken in the light of the Committee's Views and recommendations.
[1] Committee on Economic, Social and Cultural Rights, Communication No. 127/2019, E/C.12/71/D/127/2019: https://tbinternet.ohchr.org/Treaties/CESCR/Shared%20Documents/ESP/E_C-1...
