E/C.12/75/D/226/2021
E/C.12/75/D/227/2021
legislation and the enforcement thereof are consistent with the obligations established under
the Covenant. In particular, the State party has an obligation:
(a)
To ensure that its normative framework allows persons in respect of whom an
eviction order is issued and who might consequently be at risk of destitution or of violation
of their Covenant rights, including persons who have scarce economic resources or are
occupying a dwelling without legal title, to challenge the decision before a judicial or other
impartial and independent authority with the power to order the cessation of the violation and
to provide an effective remedy so that such authorities can examine the proportionality of the
measure in the light of the criteria for limiting the rights enshrined in the Covenant under the
terms of article 4;
(b)
To take the necessary measures to ensure that evictions affecting persons who
do not have the means of obtaining alternative housing are carried out only within the
framework of proceedings involving genuine and effective consultation with the persons
concerned, in which all available alternative housing (whether belonging to such persons or
made available by the relevant State agencies) is assessed and only after the State has taken
all essential steps, to the maximum of its available resources, to ensure that evicted persons
have alternative housing, especially in cases involving families, older persons, children
and/or other persons in vulnerable situations. If the group to be evicted includes children, the
proceedings must guarantee their right to be heard;
(c)
To take the necessary measures to solve the problems caused by the failure of
the courts and social services to coordinate their efforts, which can result in an evicted
person’s being left without adequate accommodation;
(d)
To develop and implement, to the maximum of its available resources, a
comprehensive plan to guarantee the right to adequate housing for low-income persons, in
keeping with general comment No. 4 (1991). This plan should provide for the necessary
resources, indicators, time frames and evaluation criteria to guarantee these individuals’ right
to housing in a reasonable, timely and measurable manner.
14.
In accordance with article 9 (2) of the Optional Protocol and rule 21 (1) of the rules
of procedure under the Optional Protocol, the State party is requested to 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. The State
party is also requested to publish the Views of the Committee and to distribute them widely,
in an accessible format, so that they reach all sectors of the population.
GE.24-03814
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