Open AccessThe UN committee on Economic, Social and Cultural rights decision in López Albán v. Spain: the need for a proportionality assessment in eviction procedures
Author(s) -
Juan Carlos Benito Sánchez
Publication year - 2020
Publication title -
lex social
Language(s) - English
Resource type - Journals
ISSN - 2174-6419
DOI - 10.46661/lexsocial.4549
Subject(s) - eviction , covenant , law , cultural rights , human rights , political science , accommodation , proportionality (law) , sociology , international human rights law , psychology , neuroscience
On 30 October 2019, the UN Committee on Economic, Social and Cultural Rights made public its decision in the case of López Albán v. Spain. The case concerned a single mother with six children occupying a vacant apartment owned by a financial entity out of necessity, after being excluded from the possibility of obtaining public housing. The family was eventually evicted without adequate alternative accommodation. The Committee found that this eviction violated the right to adequate housing enshrined in the International Covenant on Economic, Social and Cultural Rights. This article summarises the case, provides a contextual analysis in light of recent developments, makes a comparison with the case law of the European Court of Human Rights, and notes some legal avenues the Committee could explore in future decisions.