Date of decision: 5 March 2020
Jurisdiction: UN Committee on Economic, Social and Cultural Rights, Optional Protocol to the International Covenant on Economic, Social and Cultural Rights
Country: Spain
Legal basis: Violation of the Right to adequate housing, Article 11 of the International Covenant on Economic, Social and Cultural Rights:
Subject: Eviction from rented property without alternative accommodation.
The case concerned an elderly woman who has been living in a flat for 40 years and who, following a change of landlord, was asked to vacate the property. The landlord filed a claim against the elderly woman with the aim of terminating the rental contract. As a result of this, Madrid Court of First Instance ordered her to vacate the property. However, she was not able to find adequate alternative housing solutions, including social housing. She claimed that the government had failed to provide her an appropriate alternative accommodation.
This decision (E/C.12/67/D/52/20) for breaching Article 11.1 of the OP-ICESCR and, by extension, the right to adequate housing of a woman, considers “that the eviction without an assessment of proportionality by the authorities constituted a violation of her right to adequate housing”.
The Committee urged Spain to:
- Provide her with and effective remedy; “in particular:(a) undertake genuine consultation with her to examine her needs in terms of suitable alternative housing and, if necessary, provide her with such housing; and (b) reimburse the author for the legal costs reasonably incurred in the processing of the present communication”.
- Ensure that its legislation and the enforcement thereof are consistent with the obligations established in the Covenant.
- Submit to the Committee, within a period of six months, a written response, including information on the measures taken in follow-up to the Views and recommendations of the Committee.
05.03.2020
