E/C.12/74/D/70/2018
United Nations
Economic and Social Council
Distr.: General
9 November 2023
English
Original: Spanish
Committee on Economic, Social and Cultural Rights
Views adopted by the Committee under the Optional
Protocol to the International Covenant on Economic,
Social and Cultural Rights, concerning
communication No. 70/2018*, **
Communication submitted by:
Sara Vázquez Guerreiro (represented by
Plataforma de Afectados por la Hipoteca de
Leganés)
Alleged victims:
The author, D.S.V. and Y.S.V.
State party:
Spain
Date of communication:
22 October 2018 (initial submission)
Date of adoption of Views:
9 October 2023
Subject matter:
Eviction of a family from a dwelling occupied
without legal title
Procedural issues:
Manifest lack of substantiation; abuse of rights;
exhaustion of domestic remedies
Substantive issue:
Right to adequate housing
Articles of the Covenant:
3, 10 (3) and 11 (1)
Articles of the Optional Protocol:
2 and 5
1.1
The author of the communication is Sara Vázquez Guerreiro, a national of Spain born
on 3 May 1990. She submits the communication on her behalf and on behalf of her minor
children, D.S.V. and Y.S.V., born on 20 December 2009 and 27 July 2017, respectively. The
author claims that eviction from the dwelling she and her children currently occupy would
violate her and her children’s rights under article 11 of the Covenant. The Optional Protocol
entered into force for the State party on 5 May 2013. The author is represented by Plataforma
de Afectados por la Hipoteca de Leganés.
1.2
On 26 October 2018, the Committee, acting through its Working Group on
Communications, registered the communication and asked the State party to take interim
measures consisting of suspending the eviction of the author and her children while the
communication was being considered or providing them with alternative housing suited to
* Adopted by the Committee at its seventy-fourth session (25 September–13 October 2023).
** The following members of the Committee participated in the examination of the communication:
Aslan Abashidze, Mohamed Ezzeldin Abdel-Moneim, Nadir Adilov, Mohammed Amarti, Asraf Ally
Caunhye, Laura-Maria Crăciunean-Tatu, Peters Sunday Omologbe Emuze, Santiago Manuel Fiorio
Vaesken, Ludovic Hennebel, Joo-Young Lee, Karla Vanessa Lemus de Vásquez, Lydia Carmelita
Ravenberg, Julieta Rossi, Preeti Saran, Shen Yongxiang and Michael Windfuhr. Pursuant to rule 23
of the rules of procedure under the Optional Protocol, Mikel Mancisidor de la Fuente did not
participate in the examination of the communication.
GE.23-20361 (E)
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