One of the most common commonplaces when talking about housing is to point out that, although it is included as a right in the Spanish Constitution, is not fulfilled. The answer is that that article, 47It is not really a fundamental right, but a principle of social policy, with less protection than other rights included in the constitutional text. UGT wants to change that starting point, so that Spaniards can claim their right to housing in court. To this end, it has filed a complaint with the European Committee of Social Rights in which it denounces Spain for failing to comply. Article 31 of the European Social Charterwhich establishes that “every person has the right to housing.”
The union’s interpretation is that the European Social Charter, which Spain ratified in 2021, is a treaty “that includes basic human rights” and that its resolutions are “mandatory, as indicated by the Council of State before ratification.” That is to say, UGT believes that if the Council of Europe body agrees, “the right to housing would go from being a guiding principle to an effective right, so it could be exercised before the courts of law; It would be a paradigm shift,” interpreted the Deputy Secretary General of Union Policy of the UGT, Fernando Luján. “If we achieve a favorable resolution, it will be a right that can be implored, that can be requested at the moment that any of the public administrations deny this right,” Luján insisted.
“This lawsuit is against the Kingdom of Spain. It involves each and every one of the competent administrations, which as you well know is not just the State Government. They are fundamentally the communities and city councils of our country,” indicated the leader of the union, Pepe Álvarez. “The right to housing in Spain is more declarative than effective. “That is the change we are looking for,” he added.
Álvarez has denounced the problems “from an economic point of view” that high housing prices pose, in reference to how much it limits labor mobility, the very high portion of resources that are allocated to paying for real estate instead of other types of consumption. , how it absorbs capital that could be dedicated to more productive investments… “We are absolutely aware that this step must be taken, at a time when many are suffering, especially the young. We require a consensus effort, with immediate solutions,” added Álvarez, who has prioritized public housing as one of the key responses. “The State has to intervene. It is a topic that cannot be postponed. There is an extraordinary risk of poverty,” added Luján.
Another claim before Strasbourg
With this movement the union continues with a strategy that has already proven successful. Strasbourg he agreed in March when he protested because, in his opinion, the compensation assessed for unfair dismissal does not always compensate for the damage caused to the worker, especially when the employment relationship has been short. The Committee ruled that Spain does not comply with the European Social Charter in this regard. This has not led to a regulatory change (Yolanda Díaz has promised to open that negotiation after the reduction of working hours), nor has it done so in other countries that have also received similar reprimands from the Committee (Brussels does not sanction for these non-compliance), but it does open the door for the courts to grant higher compensation based on what the Charter establishes. This has already happened on several occasions.
The objective that UGT now pursues is the same but applied to housing, that through justice the citizen can demand this right. Another claim that UGT has filed before the European Committee of Social Rights protests against the low remuneration for overtime in Spain.