E/C.12/61/D/5/2015
10 (1) of the Covenant. In this regard, the State party has not explained to the Committee
why no other options were available to the authors.
17.8 For these reasons, the Committee concludes that the State party has not submitted
reasonable arguments to demonstrate that, despite having taken all necessary measures, to
the maximum of available resources, it was impossible to provide the authors with
alternative housing.
C.
Conclusion and recommendations
18.
Given all the information provided and the particular circumstances of this case, the
Committee considers that, in the absence of reasonable arguments on the part of the State
party regarding all the measures taken to the maximum of its available resources, the
authors’ eviction, without a guarantee of alternative housing by the authorities of the State
party as a whole, including the regional authorities of Madrid, constituted a violation of
their right to adequate housing.
19.
The Committee, acting pursuant to article 9 (1) of the Optional Protocol, is of the
view that the State party violated the authors’ right under article 11 (1), read separately and
in conjunction with articles 2 (1) and 10 (1) of the Covenant. In the light of the Views
contained in the present communication, the Committee makes the following
recommendations to the State party.
Recommendations in respect of the authors
20.
The State party has an obligation to provide the authors with an effective remedy, in
particular: (a) in the event that the authors do not have adequate accommodation, to assess
their current situation and, following genuine consultation with them, to grant them public
housing or any other measure enabling them to enjoy adequate accommodation, taking into
account the criteria established in these Views; (b) to award the authors financial
compensation for the violations suffered; and (c) to reimburse the authors for the legal costs
reasonably incurred in the processing of this communication.
General recommendations
21.
The Committee considers that the remedies recommended in the context of
individual communications may include guarantees of non-repetition and recalls that the
State party has an obligation to prevent similar violations in the future. The Committee
considers that the State party should ensure that its legislation and the enforcement thereof
are consistent with the obligations established under the Covenant. In particular, the State
has the obligation to:
(a)
To adopt appropriate legislative and/or administrative measures to ensure that
in judicial proceedings in relation to the eviction of tenants, defendants are able to object or
lodge an appeal so that the judge might consider the consequences of eviction and its
compatibility with the Covenant;
(b)
To adopt the necessary measures to resolve the lack of coordination between
court decisions and the actions of social services which can result in an evicted person
being left without adequate accommodation;
(c)
To take the necessary measures to ensure that evictions involving persons
who do not have the means of obtaining alternative housing are carried out only following
genuine consultation with the persons concerned and once the State has taken all essential
steps, to the maximum of 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;
(d)
To develop and implement, in coordination with the autonomous
communities, to the maximum of available resources, a comprehensive plan to guarantee
the right to adequate housing for low-income persons, in keeping with general comment No.
GE.17-12396
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