05/06/2019
FSG
From the Fundación Secretariado Gitano we want to show our satisfaction for the favourable sentence of the High Court of Justice of Madrid, which has just recognizes the violation of the fundamental right to privacy and inviolability of the domicile of a Roma family in Cañada Real (Madrid) and establishes in his favour compensation of a total of 13,000 euros (2,000 euros per adult and 3,000 euros for each minor). This judicial proceeding has been the result of an integral work of counselling, accompaniment and judicial representation provided by the FSG to the affected family, of gypsy ethnicity.
On February 13, 2018 the General Directorate of Urban Discipline of the City Council of Madrid, and within the framework of a police operation carried out in Cañada Real Galiana, evicted and demolished several homes without complying with the established legal procedure and without mediation authorization judicial. This performance was witnessed by the staff of the FSG. Among the affected homes was that of the claimant family, consisting of one father, one mother and three children under 6, 4 and 1 year old.
Given these actions, since the FSG, which has been working for almost 10 years in social intervention in La Cañada Real, we have accompanied, advised and represented the demanding family, through an administrative lawyer of the Gentium organization, in the judicial actions necessary to determine the illegality and violation of fundamental rights, which have culminated with the aforementioned favourable ruling in the second instance.
The right to housing is recognized both in international human rights law in international treaties that Spain has ratified and that are part of the domestic legal system, in accordance with art. 96.1 of the Spanish Constitution and is also regulated in article 47 of the Constitution.
Forced evictions constitute serious violations of human rights, such as the right to adequate housing, even more serious if minors are affected. Evictions not only involve a direct violation of the right to housing, but also have an impact on access to other human rights, such as the right to education and the right to health.
It should also be noted that in the case of the applicant family, in addition to the failure to comply with the legally established procedure to proceed with the demolition of the home, the necessary safeguards or alternatives to guarantee a housing alternative have not been provided, as established by the international human rights standards in cases of housing evictions.
The case of this lawsuit is not an isolated incident in Cañada Real Galiana: many families have been evicted in an irregular manner by different administrations. Therefore, we wanted to make visible the importance of claiming the defence of the protection of the basic rights of the most unprotected collectives and we intend that it serve as a precedent for prevent similar actions in the future. Therefore, we ask that, in general, always respect the principle of legality in demolition of houses, following the established legal procedure and giving to affected families the possibility to address the courts to enforce their rights. In addition, administrations must ensure that a decent housing alternative is offered to the people affected by these demolitions, in compliance with the applicable human rights standards and the Regional Pact for the Cañada Real Galiana.
This case is part of the work of the Department of Equality of Treatment and Fight against Discrimination of the FSG of strategic litigation, which aims not only to protect victims, but also to establish jurisprudence and promote the application of the law in cases emblematic of violation of rights. In this way, we intend that the judicial resolutions have effects beyond the concrete case, and that they serve to generate positive changes in the enjoyment of rights by the people that make up the gypsy community.
The Cañada Real Galiana is one of the biggest areas of irregular housing in Europe: 1000 plots, 2100 buildings, 1700 homes, 120 places and more than 8,000 people (39% of total population are Roma).
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