Inglés version, see below
See below the English version
Spain violated the rights of a woman whose mortgaged
property may be auctioned - UN Committee
GENEVA (18 September 2015) - The Committee on Economic,
Social and Cultural Rights of the United Nations issued a report today * which
concludes that Spain violated the housing rights of a woman, identified as IDG,
whose home It was the subject of a foreclosure proceeding because the
non-payment of fees the mortgage loan at a bank.
This decision is the first opinion adopted by the Committee
in an individual case submitted under the Optional Protocol to the
International Covenant on Economic Social and Cultural Rights, which entered
into force on 5 May 2013.
In its opinion, the Committee calls on Spain to provide Ms.
IDG an effective remedy and ensure that legislation governing foreclosure
proceedings and its application accordance with the obligations of the
International Covenant on Economic, Social and Cultural Rights, which the
country is a signatory.
In particular, Spain must adopt legislative measures to
ensure that the foreclosure proceedings and procedural rules provide adequate
requirements and procedures followed before we proceed to an auction of a house
or an eviction, in observance of the rights recognized in the Covenant.
The Committee concluded that Spain violated Article 11.1,
read together with Article 2.1 of the Covenant, since the court did not take
all reasonable steps to properly notify Ms. measures. IDG the foreclosure
lawsuit filed against it by the lending institution and, therefore, deprived of
the opportunity to adequately defend their right to housing court.
According to the opinion of the Committee in foreclosure
proceedings edict notification must be strictly limited to situations which
have exhausted all means to practice a personal notification, and ensuring
sufficient publicity and notice. Thus opportunity is given to the affected have
full knowledge of the initiation and appear in person at the same person.
The case
Mrs. IDG bought a house through a bank home equity loan in
June 2007. In the absence of payment of installments of the loan, the bank proceeded
to repay the loan and start a special procedure for enforcing mortgaged
property before a court of Madrid. However, Ms. IDG I only became aware of the
procedure several months later when the reporter left a notice on your home to
pick up the warrant for auction.
According to information provided by the parties to the
Committee, court staff is He presented four times in the home of Mrs. IDG to
notify the application and start the process, but not to find her in the same
notification was not made effective. The court then decided to publish a
notice in the bulletin board, giving by fulfilled the diligence of notification
of the application and start the process.
Several months later the judge ordered the convening of the
auction house, but this order was also not notified personally to Ms. IDG for
the same reason, that is, being away from home at the time the court staff
presented herein. However, on this second occasion, the reporter left a message
for her to pick up the order of the court, which, in fact, happened on April 4,
2013.
Ms. Waterfront Committee. IDG argued that only on this date
she learned from the execution of mortgaged property and, in the absence of an
effective notice of claim and commencement of proceedings, had not been able to
defend their rights.
(*) Read the opinion of the Committee (E / C 12/55 / D /
2/2014):
http://www.ohchr.org/EN/HRBodies/CESCR/Pages/TableJurisprudence.aspx
END
The Committee on Economic, Social and Cultural Rights is
composed of 18 independent experts, who They are responsible for monitoring
implementation and compliance with the International Covenant on Economic,
Social and Culturares. They may also consider complaints or communications from
individuals alleging a violation of Covenant rights by countries that are
parties to the Optional Protocol. The Committee can only examine the merits of
an individual case if it meets the requirements of admissibility under the
Optional Protocol. For more information, visit: http://www.ohchr.org/en/hrbodies/cescr/pages/cescrindex.aspx
International Covenant on Economic, Social and Culturares:
Optional Protocol to the International Covenant on Economic,
Social Rights and Culturares: http://www.ohchr.org/SP/ProfessionalInterest/Pages/OPCESCR.aspx
For more information and media requests , please contact
Godofredo Torreblanca (+41 22 917 9173 / gtorreblancacardenas @ ohchr.org )
NEWS RELEASE
Spain violated the rights of a woman whose house risks being
auctioned – UN Committee
GENEVA (18 September 2015) – Today, the Committee on
Economic, Social and Cultural Rights made public a decision* (Views) in which
it found that Spain violated the right to housing of an individual identified
as Ms. I.D.G., whose house was subjected to a special mortgage enforcement
procedure due to her failure to submit several mortgage repayments to a bank.
This decision is the first Views adopted by the Committee in
an individual case submitted under the Optional Protocol to the International
Covenant on Economic, Social and Cultural Rights, which entered into force on 5
May 2013.
In its Views, the Committee requests Spain to provide Ms.
I.D.G. with an effective remedy and to ensure that its legislation that
regulates foreclosure mortgage proceedings and its application comply with the
obligations set forth in the Covenant.
In particular, Spain must adopt legislative measures to
ensure that the rules concerning mortgage enforcement proceedings contain
appropriate requirements and procedures to be followed before going ahead with
the auctioning of a dwelling, or with an eviction, in accordance with the
rights enshrined in the Covenant.
The Committee concluded that Spain violated article 11.1,
read in conjunction with article 2.1, of the International Covenant on
Economic, Social and Cultural Rights because its courts failed to take all
reasonable measures to adequately notify Ms. I.D.G. that the lending
institution had filed a mortgage foreclosure claim against her. As a
consequence, she was deprived of the possibility to adequately defend her right
to housing in judicial proceedings.
According to the Committee’s Views, in mortgage foreclosure
proceedings, serving process through public notice must be strictly limited to
situations in which all means of serving process in person have been exhausted,
and its exposure must be sufficiently visible and prolonged so that the
affected person has the opportunity to become fully aware of the initiation of
the proceedings and can attend them.
The case
Ms. I.D.G. purchased a house taking a mortgage loan from a
bank in 2007. Due to her failure to make several payments, the lending
institution called in the full amount of the loan and initiated a special
mortgage enforcement procedure in a trial court in Madrid. Yet Ms I.D.G. became
aware of the existence of the proceedings several months later, when the
court’s agent, who served notice of the auction of her property, left a notice
at her home inviting her to collect the auction notice.
According to the information provided by the parties to the
Committee, a court’s agent went to Ms. I.D.G.’s house four times to personally
notify her of the bank’s application and the starting of the procedure, but was
not successful because she was not at home. The court then decided to post the
notification on the court notice board and to consider that the process of
notification had been completed.
Several months later, the court ordered the auction of the
mortgaged property, but Ms. I.D.G. was not personally notified of this order
either, as she was not at home when the court’s agent arrived to serve process.
However, during this second attempt, the court’s agent left a notice at her
home inviting her to collect the auction notice, and she did so on 4 April
2013. Before the Committee, Ms. I.D.G. alleged that it was only on this date
that she was apprised of the mortgage enforcement proceedings and that in the
absence of an effective notification of the bank’s claim and the start of the
proceedings, she was not given the opportunity to defend her rights.
(*) Check the Committee’s decision in Spanish – English and
French versions will be available shortly (E/C.12/55/D/2/2014):
http://www.ohchr.org/EN/HRBodies/CESCR/Pages/TableJurisprudence.aspx
ENDS
The Committee on Economic, Social and Cultural rights is
composed of 18 independent experts, who are in charge of monitoring the
implementation and compliance of the International Covenant on Economic, Social
and Cultural Rights. It can also examine individual complaints or communications
from persons that allege a violation of their rights set forth in the Covenant
by States parties to the Optional Protocol. The Committee can only examine the
merits of an individual case if it meets the admissibility requirements
established in the Optional Protocol.
International Covenant on Economic, Social and Cultural
Rights:
http://www.ohchr.org/EN/ProfessionalInterest/Pages/CESCR.aspx
Optional Protocol to the International Covenant on Economic,
Social and Cultural Rights:
http://www.ohchr.org/EN/ProfessionalInterest/Pages/OPCESCR.aspx
For inquiries and media requests, please contact Godofredo
Torreblanca (+41 22 917 9173 / gtorreblancacardenas@ohchr.org)
For media inquiries related to other UN mandates:
Xabier Celaya – Media Unit (+ 41 22 917 9383 /
xcelaya@ohchr.org)
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