E/C.12/61/D/5/2015 The right to housing and legal security of tenure 13.1 The human right to adequate housing is a fundamental right central to the enjoyment of all economic, social and cultural rights 18 and is inextricably linked to other human rights, including those set forth in the International Covenant on Civil and Political Rights. 19 The right to housing should be ensured to all persons irrespective of income or access to economic resources,20 and States parties should take whatever measures are necessary to achieve the full realization of this right to the maximum of their available resources. 21 13.2 All persons should possess a degree of security of tenure which guarantees legal protection against forced eviction, harassment and other threats. 22 This guarantee also applies to persons living in rental accommodation, whether public or private; such persons should enjoy the right to housing even when the lease expires. 13.3 Forced eviction is prima facie incompatible with the requirements of the Covenant and can be justified only in the most exceptional circumstances, and in accordance with the relevant principles of international law.23 The Committee refers to the definition of forced eviction in its general comment No. 7 (para. 3) and stresses that the definition is not limited to collective or large-scale evictions or those promoted directly by the authorities of the States parties. The protection against forced eviction also applies to persons living in rental accommodation.24 13.4 When eviction is justified (see paras. 15.1–15.3), the relevant authorities must ensure that it is carried out in accordance with legislation that is compatible with the Covenant, including the principle of human dignity contained in the preamble, in accordance with the general principles of reasonableness and proportionality. Processes relating to forced eviction or those that may affect the security of tenure and potentially result in an eviction should be carried out in keeping with procedural protections which include, inter alia, an opportunity for genuine consultation with those concerned. 25 The Committee recalls that there cannot be a right without an effective remedy 26 and that, therefore, in accordance with the obligation contained in article 2 (1) of the Covenant, States parties should ensure that persons whose right to adequate housing might be affected as a result, for example, of a forced eviction or the termination of contractual relations relating to rent, have access to effective and appropriate judicial remedies. 27 The State’s duty to protect tenants 14.1 As argued by the State party, an eviction due to the expiry of the term of a rental contract is a dispute between individuals (lessor and lessee), in which the eviction is not directly initiated by the authorities. However, this type of dispute is governed by the legal order of the State party, which, in any event, bears the ultimate responsibility to ensure that the rights under the Covenant are respected, including the right to housing of lessees. Accordingly, although disputes resulting from the expiry of a rental contract are between two individuals, the State party has an obligation to, inter alia, guarantee that the eviction does not infringe article 11 (1) of the Covenant (see paras. 15.1 and 15.2). 18 19 20 21 22 23 24 25 26 27 10 General comment No. 4 (1991), on the right to adequate housing, para. 1. Ibid., paras. 7 and 9. Ibid., para. 7. Ibid., para. 12. Ibid., para. 8 (a). Ibid., para. 18, and general comment No. 7, para. 1. See ESCR-Net submission. General comment No. 7, para.15. See also Constitutional Court of South Africa, judgment in Occupiers of 51 Olivia Road v. City of Johannesburg [2008] ZACC 1, paras. 9–23. The Supreme Court of India has also underscored the safeguards in cases of eviction: see Olga Tellis & Ors v. Bombay Municipal Corporation, All India Reporter, 1986, 180. Communication No. 2/2014, I.D.G. v. Spain, Views adopted on 17 June 2015, para. 11.3. See also general comment No. 9 (1998) on the domestic application of the Covenant, para. 2. General comments No. 3 (1990), on the nature of States parties’ obligations, paras. 1 and 5, No. 7, paras. 9, 11 and 15, and No. 9, para. 2; and communication No. 2/2014, I.D.G v. Spain, paras. 11.3 and 11.4. GE.17-12396