The United Nations Committee on Economic, Social and Cultural Rights (ESCR) has issued historic recommendations, finding Spain in violation of the right to housing, in the first case decided under the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (OP-ICESCR). Dismissed by the Spanish Constitutional Court, the case involved a homeowner, who learned that her home was being auctioned after she fell behind on payments during the economic crisis.
This case (I.D.G. v. Spain) is important for at least five reasons. First, it reinforces the principle of access to justice. Individuals or groups of individuals—whose civil, economic, political, social or cultural rights are violated—have a right to remedy. States are accountable for the realization of all human rights, from rights to housing and health care to rights to life and political participation, as reaffirmed in the Universal Declaration of Human Rights (1948), the Vienna Declaration and Programme of Action of the World Conference on Human Rights (1993), and national constitutions in every region. Perhaps most importantly, popular struggles in Spain and countries around the world have emphasized that human rights are interdependent and interconnected in the lived experience of human beings.
Second, in taking up this case and offering strong recommendations, the UN Committee on ESCR has provided valuable guidance to Spain, Spanish civil society and ultimately countries around the world. These recommendations addressed both the individual complainant and the structural change required to prevent similar violations in the future. The Committee said that Spain should assure that no eviction takes place against I.D.G., if she is not protected by due process guarantees, as well as calling on the government to cover her legal costs. The Committee also reminded Spain of its obligation to ensure that the country’s legislation and its application are consistent with human rights, including guaranteeing access to remedy, adequate notification and procedural protections in cases of foreclosure.
