E/C.12/74/D/70/2018
more burdensome impact on the ability of women to enjoy their human rights without
discrimination.30 They must also take steps to ensure that, in practice, men and women enjoy
their economic, social and cultural rights on a basis of equality; consequently, their public
policies and legislation must take account of the economic, social and cultural inequalities
experienced in practice by women.31
Duty of States to provide alternative housing to persons if necessary
9.1
Where those affected are unable to provide for themselves, the State party must take
all appropriate measures, to the maximum of its available resources, to ensure that adequate
alternative housing, resettlement or access to productive land, as the case may be, is
available.32 The State party has a duty to take reasonable measures to provide alternative
housing to persons who are left homeless as a result of eviction, irrespective of whether the
eviction is initiated by its authorities or by private individuals such as the owner of the
property.33 In the event that a person is evicted from his or her home without the State party’s
granting or guaranteeing alternative accommodation, the State party must demonstrate that it
has considered the specific circumstances of the case and that, despite having taken all
reasonable measures, to the maximum of its available resources, it has been unable to uphold
the right to housing of the person concerned.34 The information provided by the State party
should enable the Committee to consider the reasonableness of the measures taken in
accordance with article 8 (4) of the Optional Protocol.35
9.2
States parties may choose a variety of policies for this purpose. 36 Any steps taken,
however, should be deliberate, concrete and targeted as clearly as possible towards meeting
the obligations recognized in the Covenant.37
9.3
Alternative housing must be adequate. While adequacy is determined in part by social,
economic, cultural, climatic, ecological and other factors, the Committee believes that it is
nevertheless possible to identify certain aspects of the right that must be taken into account
for this purpose in any particular context. 38 They include legal security of tenure; the
availability of services, materials, facilities and infrastructure; affordability; habitability;
accessibility; a location in a wholesome and healthy setting that allows access to public and
social services (education, employment, health care and transport); and cultural adequacy,
enabling expressions of cultural identity and diversity.39
Analysis of the proportionality of the author’s eviction
10.1 The Committee notes that the point of contention is, first, whether the authorities
considered the proportionality of the objective of the eviction to its consequences for the
persons evicted, including weighing the benefits of the measure – in this case, protecting the
right to property of the State agency that owns the apartment – against its possible
consequences for the rights of the evicted persons. 40
10.2 As mentioned in paragraph 8.3, the Committee has drawn up a list of circumstances
that must be assessed when analysing the proportionality of an eviction: (a) the availability
of adequate alternative housing; (b) the personal circumstances of the occupants and their
dependants; (c) the cooperation of the occupants with the authorities in seeking suitable
solutions; and (d) the distinction between properties belonging to individuals who need them
30
31
32
33
34
35
36
37
38
39
40
GE.23-20361
General comment No. 16 (2005), para. 18.
Trujillo Calero v. Ecuador (E/C.12/63/D/10/2015), para. 13.3.
General comment No. 7 (1997), para. 16.
Ben Djazia et al. v. Spain, para. 15.2.
Ibid., para. 15.5.
Ibid. See also statement by the Committee: An evaluation of the obligation to take steps to the
“maximum of available resources” under an optional protocol to the Covenant (E/C.12/2007/1).
E/C.12/2007/1, paras. 2 and 3.
General comment No. 3 (1990), para. 2.
General comment No. 4 (1991), para. 8.
Ibid.
López Albán et al. v. Spain, para. 11.5.
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