E/C.12/61/D/5/2015
explain the impact of the eviction; their only option is to claim full or partial payment of the
amount of the rent.
7.3
The authors reiterate that the State party has taken retrogressive measures in relation
to the public housing stock in the middle of a severe economic crisis.
Third-party submissions
8.1
On 5 April and 25 October 2016, the Working Group on Communications, acting on
behalf of the Committee, admitted submissions from the International Network for
Economic, Social and Cultural Rights (ESCR-Net)14 and from the Special Rapporteur on
adequate housing as a component of the right to an adequate standard of living, and on the
right to non-discrimination in this context, in accordance with article 8 of the Optional
Protocol, rule 14 of the provisional rules of procedure under the Optional Protocol, and the
guidance on third-party interventions.
8.2
On 17 May 2015, ESCR-Net transmitted its submission, underscoring that States
parties are required to, inter alia, safeguard the right to housing of persons under their
jurisdiction, including tenants under private lease agreements, take the necessary steps to
realize the right to housing to the maximum of their available resources and guarantee the
right to effective remedy. On 19 May 2016, the Committee transmitted this submission to
the State party and the authors together with a request for their observations and comments.
8.3
On 31 January 2017, the Special Rapporteur, without taking a position regarding the
authors’ complaints, stated that the communication raised important questions about: the
obligation of the State party to prevent and respond to the lack of housing, including by
addressing structural causes; matters of access to justice; protection against the termination
of lessor-lessee relations when a lease agreement runs out; and the obligation to adopt
positive measures to help tenants who cannot afford rent. On 9 February 2017, the
Committee transmitted this submission to the State party and the authors together with a
request for their observations and comments.
The parties’ comments on the third-party submissions
9.
On 19 June 2016, the authors informed the Committee that they supported the
considerations set out in the submission of ESCR-Net, which supplemented their claims.
10.
On 17 March 2017, the State party submitted its observations on the submission of
the Special Rapporteur. The State party listed and briefly described the most meaningful
steps taken by its authorities, since the onset of the economic crisis, in favour of vulnerable
groups, particularly those for whom it was exceptionally difficult to make mortgage
payments.
B.
Committee’s consideration of admissibility
11.1 Before considering any claim contained in a communication, the Committee must
decide, in accordance with rule 9 of its provisional rules of procedure under the Optional
Protocol, whether the communication is admissible or inadmissible.
11.2 Based on the information provided by the parties, the Committee notes that, on 30
September 2013, Mr. Ben Djazia submitted an ultimately unsuccessful request for interim
measures to the European Court of Human Rights and no subsequent claim was submitted
to that court. The Committee further notes that the State party has not submitted objections
under article 3 (2) (c) of the Optional Protocol. In any event, the rejection of a request for
interim measures by the Court does not necessarily imply that the matter should be
considered under the Optional Protocol.
14
GE.17-12396
Represented by: Center for Economic and Social Rights; Global Initiative for Economic, Social and
Cultural Rights; Ana Lucía Maya Aguirre, professor at Jorge Tadeo Lozano University in Bogota;
Social Rights Advocacy Centre; Centro de Estudios Legales y Sociales; Socio and Economic Rights
Project; Dullah Omar Institute, South Africa; Amnesty International-United Kingdom; Observatori
DESC, Spain; and Jackie Dugard, professor, Wits University, South Africa.
7