The right to housing and the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights: I.D.G. v. Spain

Benito Sanchez, Juan Carlos
(2016) Housing Law Research Network 2nd Annual Housing Law Symposium: Human Rights, Housing and Dispute Resolution — Location: Coimbra (Portugal) (26.February.2016)

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  • Benito Sanchez, Juan Carlosorcid-logoUCLouvain
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Abstract
In October 2015, the United Nations Committee on Economic, Social and Cultural Rights delivered its first decision under the communication procedure foreseen in the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights. The Optional Protocol, adopted in December 2008, creates an individual complaints mechanism against alleged violations of the economic, social and cultural rights contained in the International Covenant by the States Parties to it. This very first case, I.D.G. v Spain, concerns the right to housing in the context of the legal protection for individuals against mortgage foreclosure proceedings and forced evictions. The proposed contribution provides a legal analysis of the case, building on the right to adequate housing as interpreted by the Committee, and tests the potential of this new mechanism to shape the international human rights discourse as regards housing rights.
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Benito Sanchez, J. C. (2016). The right to housing and the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights: I.D.G. v. Spain. Housing Law Research Network 2nd Annual Housing Law Symposium: Human Rights, Housing and Dispute Resolution, Coimbra (Portugal). https://hdl.handle.net/2078.5/57060