Effectiveness of the ICESCR Complaint Mechanism - An Analysis and Discussion of the Spanish Housing Rights Cases

Fons Coomans, Miguel Ruiz Diaz-Reixa

Research output: Chapter in Book/Report/Conference proceedingChapterAcademic


Against the backdrop of the spanish housing rights crisis of the past decade, this chapter examines the impact and effectiveness of the outcome of cases of alleged violations of the right to adequate housing lodged with the uncescr against spain as part of the individual complaint mechanism under the optional protocol to the international covenant on economic, social and cultural rights. The authors conclude that, through its active engagement with housing rights issues (in particular evictions), the uncescr has made an important contribution to rendering the right to adequate housing effective, especially in situations of vulnerable victims. Given that the committee is not a judicial body and that its jurisprudence does not constitute judgements, it can be said that its views and recommendations have increased its normative legitimacy within certain segments of spanish society, such as civil society. However, the various branches of the spanish government still have to accept the views and recommendations of the committee as the outcome of a process of international scrutiny of domestic issues that is authoritative and persuasive, while at the same time leaving the sovereign decision-making power unaffected.keywordsright to housingevictionsicescr optional protocolspainnormative legitimacy.
Original languageEnglish
Title of host publicationMyth or Lived Reality
Subtitle of host publicationOn the (In)Effectiveness of Human Rights
EditorsClaire Boost, Andrea Broderick, Fons Coomans, Roland Moerland
Place of PublicationThe Hague
PublisherT.M.C. Asser Press
Number of pages30
ISBN (Electronic)9789462654471
ISBN (Print)9789462654464
Publication statusPublished - 7 May 2021

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