Supreme Court rules squatter can stay

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THE Supreme Court has ruled against the eviction of a squatter who is a victim of gender violence due to the “lack of foresight” to protect her.

The Court considers that protective measures put in place were only for her two children and nothing had been done to protect the woman herself, and fears that if evicted, they would be at risk of domestic violence.

The Community of Madrid wanted to evict the woman who had illegally occupied a house with her two children, who are in a precarious financial situation, but the Supreme Court considers there was an “absolute lack of foresight” on behalf of the Administration regarding adequate protection measures to the vulnerable family.

The home is owned by the Social Housing Agency.

The judge ruled that although he cannot prevent a forced eviction derived from a final administrative act indefinitely, he does have to consider whether the administration has taken protective measures to protect them, and in this case, the court believes that eviction is disproportionate.

This ruling is against the Madrid High Court of Justice, which had approved the eviction.

The woman filed an appeal and the Supreme Court has said it was necessary to consider the circumstances when there are children involved and the negative impact which an eviction from their home could have on them.


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Written by

Jennifer Leighfield

Jennifer Leighfield, born in Salisbury, UK; resident in Malaga, Spain since 1989. Degree in Translation and Interpreting in Spanish, French and English from Malaga University (2005), specialising in Crime, Forensic Medicine and Genetics. Published translations include three books by Richard Handscombe. Worked with Euro Weekly News since November 2006. Well-travelled throughout Spain and the rest of the world, fan of Harry Potter and most things ‘geek’.

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