Mohamed Ben Djazia and Naouel Bellili v. Spain, CESCR, Communication No. 5/2015, UN Doc. E/C.12/61/D/5/2015 (20 June 2017)

Nature of the Case

2015 press conference to announce the admission for processing by the UN of the complaint against Spain for the eviction of the family of Mohamed Ben Djazia. Photo: CAES_Asesori

The UN Committee on Economic, Social and Cultural Rights found Spain in violation of the right to adequate housing under the International Covenant on Economic, Social and Cultural Rights. The decision confirms that any eviction of tenants from private rental accommodation must comply with the right to adequate housing, particularly in contexts of vulnerability. Further, states must be able to justify broader measures impacting on the right to housing, including sales of public housing stock and the application of tax revenue.

Enforcement of the Decision and Outcomes

The Spanish government is required to submit to the Committee, within a period of six months, a written response outlining implementation measures, and to publish and disseminate the decision widely, in an accessible format. In accordance with CESCR’s guidance on follow-up to Views, the Authors and civil society organizations/National Human Rights Institutions may then also submit information related to implementation to the Committee. Observatori DESC, a ESCR-Net Strategic Litigation Working Group (SLWG) member based in Spain, the lawyer on the case- Javier Rubio (CAES) and one of the main housing rights movements in Spain, [Plataforma de los Afectados por Hipotecas (PAH)], alongside other allies, are currently leading collaborative efforts to monitor and advance implementation of the case.

Significance of the Case

This is the third decision on the merits under the Optional Protocol to the Covenant, and the second one on the right to adequate housing (following IDG v. Spain, CESCR, 2015). This case confirms that the right to adequate housing vests in all persons, including persons living in rental accommodation, whether public or private, and highlights the importance of special protection for vulnerable groups. It also reaffirms the need for states to justify the reasonableness of relevant measures, pursuant to Article 8(4) of the Optional Protocol and CESCR 2007 Statement on Maximum Availability of Resources. .

In addition, this case highlights systemic issues regarding the right to adequate housing in Spain, exacerbated by the economic crisis and related austerity measures. As housing problems in most EU countries reach crisis point, this decision is a strong and timely reminder that states have a clear obligation to justify any sale of public housing stock to investment companies, as well as the use of tax revenue in light of Covenant obligations. It also highlights the need for comprehensive plans related to housing, which should provide for necessary resources, indicators, time frames and evaluation criteria.

Groups Involved in the Case

Centro de Asesoría y Estudios Sociales (CAES) represented the Ben Djazia –Bellili family before CESCR.

ESCR-Net’s SLWG members, Amnesty International (AI), Centro de Estudios Legales y Sociales (CELS), Center for Economic and Social Rights (CESR), Dullah Omar Institute (DOI), Global Initiative for Economic, Social and Cultural Rights (GI-ESCR), Social Rights Advocacy Centre (SRAC), Observatori DESC, Ana Maya Aguirre (Universidad del Norte de Barranquilla, Colombia) and Jackie Dugard (University of Witwatersrand, South Africa), intervened in the case, in accordance with Article 8 of the Optional Protocol to the Covenant, Rule 14 of the provisional rules of procedure under the Optional Protocol, and the guidance on third party interventions. These organizations provided international and comparative material to support CESCR’s determination of the case.

The Special Rapporteur on adequate housing also submitted a third party intervention in this case.