Action at EU level - Fight against evictions

1) Legal framework at european level :

In 1997, the CESCR General Comment 7 provides the general framework for adequate housing (art. 11.1 of the Covenant) face forced evictions :

In its General Comment No. 4 (1991), the Committee observed that all persons should possess a degree of security of tenure which guarantees legal protection against forced eviction, harassment and other threats. It concluded that forced evictions are prima facie incompatible with the requirements of the Covenant. Having considered a significant number of reports of forced evictions in recent years, including instances in which it has determined that the obligations of States parties were being violated, the Committee is now in a position to seek to provide further clarification as to the implications of such practices in terms of the obligations contained in the Covenant.

Listen more : ESCR-Net

2) The Right to an effective remedy by the competent national tribunals:

The Universal Declaration of Human Rights says in his article 8 that : « Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law. »

This article has been used to fight against unfair evictions (ex : in Belgium)

3) Startegies : how people faceevictions

"Forced and market-driven evictions are increasing dramatically worldwide, with devastating effects on millions of children, women and men across the globe. Despite this negative trend, however, many peopleled initiatives have been successful in addressing this issue and reducing the number of evictions, developing new policies and proving that alternatives to forced eviction can be found." - Building ans Social Housing Foundation - 2010

Strategies identified linked to cases studies and networks for housing rights :

  1. Negotiation with public authorities, i.e. for relocation, but accepting the fact of being displaced.
  2. Occupy – Resist – Live is another strategy involving the occupation of empty properties, resistance to eviction and development of permanent housing solutions
  3. Legal channels and court cases, which can be very successful
  4. Open struggle, resistance and political perspective
  5. Building rights and policies
  6. Promote innovative approaches to campaigning.

Link to download www.bshf.org

4) Some study cases at european level :

In Spain, an association, PAH (Plataforma de Afectados por la Hipoteca), has used the European law to advance its rights to evictions. Please, contact them : afectadosporlahipoteca.com