SHARE
COPY LINK

UN

Spain slammed over eviction of single mother and her six children

A UN committee has ordered Spain to compensate a single mother and her six children who were forcibly evicted during a housing crisis that saw tens of thousands forced from their homes.

Spain slammed over eviction of single mother and her six children
Archive photo of an anti-eviction protest in Barcelona. AFP

The UN Committee on Economic, Social and Cultural Rights said on Wednesday that Madrid had violated the family's right to housing by failing to consider their vulnerability and should prevent similar cases from happening.

The mother, Maribel Viviana Lopez Alban, filed a complaint with the committee in June 2018 after attempting for several years to go through the Spanish courts to block her family's eviction.

She maintained that she had been renting an apartment in Madrid for a year when she discovered that the person she had been paying rent to was not the property's legal owner, committee documents showed.

In December 2014, the financial institution that really owned the property initiated eviction proceedings.

The family then applied for social housing, but their request was denied on grounds that people illegally occupying property were barred from the regional social housing programme.

READ MORE: 

Children suffered panic attacks

The UN committee, which has no enforcement powers, is made up of 18 independent experts tasked with monitoring whether countries adhere to their commitments under the International Covenant on Economic, Social and Cultural Rights.

It had requested that Spain not evict the family while they were examining the case but the family was forcibly removed from their home by police in anti-riot gear shortly afterwards.

They bounced between temporary shelters and Lopez Alban told the committee her children had suffered panic attacks and learning difficulties.   

They were among tens of thousands of people who have been evicted from their homes in Spain since the housing bubble burst and the global financial crisis began in 2007.

The country's national statistics institute NIE tallied that there were 34,680 evictions in 2014 alone at the height of the crisis.

Last year, some 6,500 people were evicted from their homes, according to the latest available statistics.   

In its ruling, the UN committee found that the Spanish courts failed to weigh the rights of the property owner against the consequences of an eviction on the family.   

It also found that the rejection of the family's request for social housing violated the Covenant.

The UN experts called on Spain to “compensate the victims and to create a legal framework to prevent similar violations in the future.”   

They gave Madrid six months to provide an update on its implementation of the ruling.

READ ALSO: Nearly 100 families lose homes each day in Spain

Member comments

Log in here to leave a comment.
Become a Member to leave a comment.

PROPERTY

How to ensure your French property is insured for storm damage

Storm Ciaran’s property-wrecking passage through France - with another storm forecast for the weekend - may have many people wondering how comprehensive their insurance cover is. 

How to ensure your French property is insured for storm damage

In the wake of Storm Ciaran, thousands of property owners in France are preparing insurance claims – with initial estimates of the bill for damage between €370 million and €480 million.

Home insurance is compulsory in France, whether you own the property you live in or you rent – and it must include some level of storm damage cover. 

Check also to see if your insurance provides cover in case of a declaration of a catastrophe naturelle.

The garantie tempête (storm guarantee) covers damage caused by violent winds. What constitutes a ‘violent wind’ varies from contract to contract, but there appears to be a widespread consensus of agreement on wind speeds over 100km/h.

In most insurance contracts, this covers damage caused by the storm and within the following 48 hours – so you’re covered if, for example, a tree weakened by the storm comes down within that period and damages your property.

Be aware that, while the storm guarantee automatically covers the main property, it generally only covers any secondary buildings and light constructions – such as a veranda, shed, solar panels, swimming pool or fence – if they are specifically mentioned in the contract. 

The same is true of any cars damaged by debris. A basic insurance contract might not include storm damage, so it is always worth checking.

Damage must be reported to your insurer as quickly as possible. The deadline for making declarations is usually five days after any damage is noticed. This is especially important for second home owners, who may not be at the property when the damage occurs. 

In some cases – such as in the aftermath of Storm Ciaran – insurers may extend the reporting period. But under normal circumstances, it’s five days after the damage has been discovered.

What happens next

To make a claim, the first thing to do is contact your insurer by phone or email. Your insurer will take you through the next steps, but usually you have to send in a declaration – which should include an estimate of any losses and for any repairs, with evidence where possible, such as photographs and any receipts for purchases. 

Your insurer may also request proof of wind intensity, which can be provided for example by a nearby weather station.

The insurance company may appoint an expert to come and assess the damage, so make sure to keep damaged property safe until they arrive, as well as all invoices for any urgent repair work. 

What if you’re a tenant?

If you rent your property, you must report any damage inside the accommodation to your insurer and also notify your landlord so that they can file their own claim. 

In the case of a co-propriete, you must declare damage inside the accommodation to your insurer, while the trustee sends his own declaration to the collective insurance (which sometimes covers the private areas) .

How long does it take for claims to be settled?

Payment of the compensation provided for by the “storm guarantee” depends your home insurance contract. After the insurer has estimated the amount of damage, compensation is generally paid between 10 and 30 days following receipt of the insured’s agreement.

What if we got flooded?

In the case of flooding, you may have to wait for a natural disaster order to be issued. 

Catastrophe naturelle

The ‘state of natural disaster’ is a special procedure that was set up in 1982 so victims of exceptional natural events, such as storms, heavy rain, mudslides and flooding, as well as drought, can be adequately compensated for damage to property.

The government evaluates each area and deems whether it qualifies for the status of catastrophe naturelle (natural disaster). 

Essentially once a zone is declared a natural disaster, victims can claim from a pot of funds created by all insurers. If the zone is not declared a disaster, insurance companies are under no obligation to pay out. 

Under a “state of natural disaster” residents are covered for all those goods and property that are directly damaged by the phenomenon, in this case storms.

It applies to residential or commercial buildings, furniture, vehicles and work equipment that are already covered by insurance policies.

Homes must be already covered by a multi-risk insurance policy for the status of natural disaster to count.

SHOW COMMENTS