The Human Right to Adequate Housing in Law 12/ 2023, of May 24, for the Right to Housing in Spain

The human right to adequate housing in Law 12/2023, of May 24, for the right to housing in Spain.

Comparison between the text finally approved and the recommendations made by the United Nations.[1]

María José Aldanas, coordinator of Housing Rights Watch

Sonia Olea, human rights officer at Caritas Spain.

A few months ago, we shared a brief analysis on the Housing Rights Watch website of the Communication that the Special Rapporteurs of the United Nations (UN) for adequate housing and on extreme poverty and human rights made to the Spanish Government in reference to its right to housing bill.[2] The main conclusion drawn was that a long-awaited regulation (the first in Spanish democracy at state level) has been achieved, which does not reflect what should have been essential in the application of international human rights law ratified by Spain: organising and proposing public housing policies with a human rights-based approach (HRBA).

We want to emphasise that the HRBA[3] is a conceptual framework for the human development process that is normatively based on international human rights standards and operationally aimed at promoting and protecting them. It aims to analyse the inequalities that lie at the heart of development problems, and to redress discriminatory practices and unfair distributions of power that impede development and often result in groups of people being left behind. Under the HRBA, development plans, policies, and processes are anchored in a system of rights and corresponding obligations established by international law, including all civil, cultural, economic, political, and social rights, and the right to development. HRBA requires human rights principles (universality, indivisibility, equality and non-discrimination, participation, accountability) with a focus on developing the capacities of 'duty-bearers' to fulfil their obligations and 'rights-holders' to claim their human rights.[4]

After intense and exhaustive parliamentary negotiations, and within the amendments approved by the Spanish Parliament, the majority of recommendations made by the United Nations have not been included, and therefore what was an initial conclusion before the text was approved is now a final assertion: Spain, a law on the right to housing without a human rights approach.

In the following section, we provide a recommendation-by-recommendation comparison of the articles of the draft and the text that was finally adopted. We have divided the areas of recommendations made by the UN into seven tables to facilitate understanding and speed up the visualisation of this review: