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2014

Right to adequate housing

In a landmark ruling, the High Court of Kenya relied on the amicus intervention by GIESCR and read international human rights standards into the understanding of the Constitution of Kenya and ordered that the forcibly evicted community be returned to their lands, have their homes rebuilt and be compensated for their losses. The court also awarded the victims 224.6 million Kenyan Shillings (about US$2,660,000). In addition, the first case under the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights dealt with evictions in the context of the housing crisis in Spain. The amicus intervention addressed systemic issues such as eviction in the context of the housing foreclosure crisis due in part to the financial crisis and austerity measures. The case set a precedent for amicus curiae interventions under the Optional Protocol and resulted in expanding the due process protections related to the prohibition on forced eviction to evictions in the context of foreclosure.