E/C.12/69/D/48/2018
eviction of the author constituted a violation of the right to adequate housing under article 11
(1) of the Covenant. To answer this question, the Committee will begin by recalling its
jurisprudence on protection against forced eviction. It will then examine the specific case of
the author’s eviction and address the issues raised in the communication.
Protection against forced eviction
10.1 The human right to adequate housing is a fundamental right central to the enjoyment
of all economic, social and cultural rights7 and is inextricably linked to other human rights,
including those set forth in the International Covenant on Civil and Political Rights. 8 The
right to housing should be guaranteed for all persons irrespective of income or access to
economic resources 9 and States parties should take whatever measures are necessary to
achieve the full realization of this right to the maximum of their available resources.10
10.2 Forced evictions are prima facie incompatible with the Covenant and can be justified
only in the most exceptional circumstances.11 Where there is a risk that an eviction might
affect the evicted person’s right to housing, the relevant authorities must ensure that it is
carried out in accordance with legislation that is compatible with the Covenant and in
compliance with the principle of proportionality between the legitimate objective of the
eviction and its consequences for the evicted person.12
10.3 For an eviction to be compatible with the Covenant, it must be provided for by law
and carried out as a last resort, and the persons concerned must have had prior access to an
effective judicial remedy in order for it to be determined that the measure in question is duly
justified, for example, in cases where there is no legal title for the tenancy. In addition, there
must be a real opportunity for genuine and constructive prior dialogue between the authorities
and the persons concerned, there must be no alternative means or measure less injurious to
the right to housing available, and the persons concerned must not be left in or exposed to a
situation constituting a violation of other Covenant or human rights. 13
Duty of States to provide alternative housing to persons in need
11.1 Evictions should not result in individuals being rendered homeless or vulnerable to
the violation of other human rights. 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. 14 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 entities such as the owner of the property.15 In the event that a person is evicted from
his or her home without the State party 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. 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.16
7
8
9
10
11
12
13
14
15
16
GE.21-04761
General comment No. 4 (1991), para. 1.
Ibid., paras. 7 and 9.
Ibid., para. 7.
Ibid., para. 12.
Ibid., para. 18; and general comment No. 7 (1997), para. 1.
Ben Djazia and Bellili v. Spain (E/C.12/61/D/5/2015), para. 13.4; and López Albán v. Spain
(E/C.12/66/D/37/2018), para. 8.2.
Ben Djazia and Bellili v. Spain, para. 15.1; and López Albán v. Spain, para. 8.3.
General comment No. 7, para. 16.
Ben Djazia and Bellili v. Spain, para. 15.2.
Ibid., para. 15.5. See also the Committee’s statement regarding 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).
9