E/C.12/61/D/5/2015
United Nations
Economic and Social Council
Distr.: General
21 July 2017
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 with regard to communication No.
5/2015*
Submitted by:
Mohamed Ben Djazia and Naouel Bellili
(represented by counsel Javier Rubio)
Alleged victims:
The authors and their two minor children
State party:
Spain
Date of communication:
20 February 2015
Date of adoption of Views:
20 June 2017
Subject matter:
Eviction of lessees as a result of judicial
proceedings initiated by the lessor
Procedural issues:
Abuse of the right to submit communications;
failure to sufficiently substantiate allegations;
communication not revealing a clear
disadvantage
Substantive issues:
Measures to achieve the full realization of the
rights of the Covenant; the right to adequate
housing
Article of the Covenant:
11 (1)
Articles of the Optional Protocol:
3 (e) and (f); and 4
1.1
The authors of the communication are Mohamed Ben Djazia, a Spanish national,
and Naouel Bellili, an Algerian national, born on 25 April 1959 and 17 January 1984,
respectively. The authors submitted the communication on their own behalf and on behalf
of their minor children, both of Spanish nationality, born on 6 May 2010 and 13 September
2012. The authors claim to be victims of a violation by the State party of their rights under
article 11 (1) of the Covenant. The Optional Protocol entered into force for the State party
on 5 May 2013. The authors are represented by counsel.
1.2
In the present Views, the Committee first summarizes the information and the
arguments submitted by the parties and third parties (paras. 2.1–10), without reflecting the
position of the Committee. It then considers the admissibility and merits raised in the
communication and, lastly, draws its conclusions and issues recommendations.
* Adopted by the Committee at its sixty-first session (29 May–23 June 2017).
GE.17-12396 (E)
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