Translate

18. 09. 2015.

PRESS RELEASE (SPANISH / ENGLISH) - Spain violated the rights of a woman



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  

UN Human Rights - Spain:


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

UN Human Rights, country page – Spain:

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)  

UN Human Rights, follow us on social media:

Nema komentara:

Objavi komentar