The UN Committee on the Economic, Social and Cultural Rights has published its findings on the countries it examined during its March 2018 session in Geneva. The findings cover how Spain is doing with regard to implementing the International Covenant on Economic, Social and Cultural Rights, detailing positive developments, main areas of concern, and recommendations for action.
The Committee considered the sixth periodic report of Spain and at its 28th meeting, held on March 29, 2018, and adopted the concluding observations that follow:
Right to adequate housing
35. The Committee is concerned that the austerity measures adopted by Spain have undermined the enjoyment of the right to adequate housing, particularly by the most disadvantaged and marginalized individuals and groups. In particular, the Committee is concerned about the insufficient number of social housing; the growing lack of affordability of housing, particularly within the private market due to excessive prices; and the lack of adequate protection of security of tenure. It is also concerned about the significant number of households that do not have adequate housing and the high number of homeless persons (Article 11).
36. Based on its previous recommendation, the Committee recommends that the State party should:
a) Adopt all necessary measures, including through the allocation of sufficient resources, to address the social housing deficit, especially for the most disadvantaged and marginalized people and groups, such as low-income individuals and households, young people, women and people with disabilities;
b) Adopt the necessary measures to regulate the private housing market to facilitate the accessibility, availability and affordability of adequate housing for low-income persons;
c) Review its legislation on leases and carry out the necessary modifications in order to guarantee adequate protection of security of tenure and establish effective judicial mechanisms that guarantee the protection of the right to adequate housing;
d) Take corrective measures to solve the question of poor quality housing;
e) Take immediate measures, including the allocation of appropriate funds to the authorities of the Autonomous Communities, to ensure the adequate provision of reception centers, such as emergency shelters and shelters.
Evictions
37. While the Committee takes note of the measures being taken by the State to prevent them from being evicted due to foreclosures and due to the lack of lease payments, it remains concerned about the lack of an adequate legislative framework that determines the legal guarantees and due process for the affected persons (Article 11).
38. The Committee reiterates its previous recommendation and urges Spain to adopt a legislative framework that establishes appropriate requirements and procedures to carry out evictions or forced evictions, that among others incorporate the principles of reasonableness and proportionality, as well as the due legal and procedural guarantees for the people affected.
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Read the rest of the Concluding Observations here.
Several joint reports from the NGO sector in Spain played a substantial role in the content of these findings.
Plataforma DESC España Informe alternativo.
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Evictions
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