E/C.12/75/D/226/2021 E/C.12/75/D/227/2021 8.5 The procedural protections that should be afforded in relation to eviction include: (a) an opportunity for genuine consultation on alternative accommodation with those affected and, if a lack of resources means that there are no viable alternatives, a requirement that the administrative authorities present the available options with a view to ensuring that the eviction will not leave anyone homeless; (b) adequate and reasonable notice for all affected persons prior to the scheduled date of eviction; (c) provision, in reasonable time, of information on the proposed evictions and, where applicable, on the alternative purpose for which the land or housing is to be used, to all those affected; (d) especially where groups of people are involved, the presence of government officials or their representatives during an eviction; (e) proper identification of all persons carrying out the eviction; (f) no execution of eviction orders in particularly bad weather or at night unless the affected persons consent otherwise; (g) provision of legal remedies to challenge the eviction; and (h) provision, where possible, of legal aid to persons who are in need of it to seek redress from the courts. 22 8.6 States parties have an obligation to consider all alternatives to eviction, never to proceed to an eviction if doing so will leave anyone homeless and to ensure that those affected are adequately consulted. Forced eviction as a punitive measure is also inconsistent with the norms of the Covenant.23 In this regard, the Committee notes that public policies or legislative measures that criminalize individuals or groups of individuals on the basis of their housing situation may be discriminatory and contrary to the right to adequate housing and to other obligations of States parties to the Covenant, in particular when they affect groups in vulnerable situations. 24 The criminalization of a social issue, such as homelessness, constitutes a disproportionate response by the State that does not serve the intended purpose. Criminal law should be applied as a last resort. The State party should seek to respond in other, less harmful ways to the housing shortage and the limited opportunities afforded to people of limited means to gain access to decent housing, which is the underlying reason for the occupation of houses without legal title. The Committee considers that States parties should ensure an effective and adequate remedy to challenge forced evictions and the criminalization of those who lack access to adequate housing or live in illegal settlements. 25 8.7 The Committee recalls that State obligations with regard to the right to housing should be interpreted together with all other human rights obligations and, in particular, in the context of eviction, with the obligation to provide the family with the widest possible protection (Covenant, art. 10 (1)). The obligation of States parties to provide, to the maximum of their available resources, alternative accommodation for evicted persons who need it includes the protection of the family unit, especially when the persons being evicted are responsible for the care and education of dependent children. State’s duty to provide alternative housing in case of need 9.1 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.26 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 individuals such as the owner of the property.27 In the event that a person is evicted from his or her home without the State party’s granting or guaranteeing of 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.28 The information provided by the State party 22 23 24 25 26 27 28 10 Committee on Economic, Social and Cultural Rights, general comment No. 7 (1997), para. 15. Ibid., para. 12. A/HRC/49/48, paras. 47–49. See also Vázquez Guerreiro et al. v. Spain, para. 8.8. A/HRC/40/61, paras. 41 and 42. Committee on Economic, Social and Cultural Rights, general comment No. 7 (1997), para. 16. Ben Djazia et al. v. Spain, para. 15.2. Ibid., para. 15.5. GE.24-03814