E/C.12/74/D/70/2018
under the Optional Protocol.50 It also interferes with the Committee’s ability to provide an
effective remedy to persons who claim to be victims of a violation of the Covenant.
13.3 The Committee notes that, on 25 June 2019, the author and her children were evicted
despite the Committee’s request for interim measures and without having been granted
adequate alternative housing following genuine consultation with her.
13.4 As the State party did not explain why the interim measures could not be taken, the
Committee is of the view that the State party violated, in the circumstances, article 5 of the
Optional Protocol.
D.
Conclusion and recommendations
14.1 On the basis of all the information provided and in the particular circumstances of the
case, the Committee finds that the eviction of the author and her children without an
assessment of proportionality by the judicial authorities, including consideration of the
disproportionate impact that the eviction could have on the author and her family and the
principle of the best interests of the child, and without a guarantee, as part of the procedure,
of genuine and adequate consultation or the right of the child to be heard constituted a
violation of their right to adequate housing.
14.2 The Committee, acting under article 9 (1) of the Optional Protocol, is of the view that
the State party violated the right of the author and her children under article 11 (1) of the
Covenant read separately and in conjunction with articles 3 and 10 (3). The Committee is
also of the view that the State party violated article 5 of the Optional Protocol. 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 author and her children
15.
The State party is under an obligation to provide the author and her children with an
effective remedy, in particular by: (a) reassessing, if they are not currently in adequate
housing, their state of necessity and their place on the waiting list, taking into account the
length of time that their application for housing has been on file with the Community of
Madrid, starting from the date on which they applied, with a view to providing them with
public housing or taking another measure that would enable them to live in adequate housing,
bearing in mind the criteria set out in the present Views; (b) providing the author and her
children with financial compensation for the violations of their rights; and (c) reimbursing
the author for the legal costs reasonably incurred in submitting this communication, at both
the domestic and international levels.
General recommendations
16.
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 State party should ensure that its
legislation and the enforcement thereof are consistent with the obligations established under
the Covenant. In particular, the State party has an obligation to:
(a)
Ensure that its normative framework allows persons in respect of whom an
eviction order is issued and who might consequently be at risk of destitution or of violation
of their Covenant rights, including persons who are occupying a dwelling without legal title,
to challenge the decision before a judicial or other impartial and independent authority with
the power to order the cessation of the violation and to provide an effective remedy so that
such authorities can examine the proportionality of the measure in the light of the criteria for
limiting the rights enshrined in the Covenant under the terms of article 4; and to consider,
where appropriate, the best interests of the child and the disproportionate impact of evictions
50
14
Human Rights Committee, general comment No. 33 (2008), para. 19.
GE.23-20361