A/HRC/34/51/Add.2 major challenge in Portugal, that discrimination against person with disabilities within the housing sector is common, and that persons with disabilities continue to face many barriers in living independently, notably because of the lack of a national strategy to facilitate and support independent living in the community rather that in institutions, as provided for in article 19 of the Convention on the Rights of Persons with Disabilities (CRPD/C/PRT/CO/1, paras. 38-39). V. Access to justice 77. The rights to adequate housing and to non-discrimination are meaningless without access to justice and to legal remedies for their violation. The Special Rapporteur commends Portugal for its mechanisms to ensure that the State complies with the right to adequate housing, but regrets that recourse is not often made to them. 78. One positive example was a court decision by the South Administrative Central Court, which recognized that the protection of basic housing needs should prevail over a generic legalistic interest in ensuring compliance with the law, even if it results in the loss of public revenues. In the case in question, in 2011, an applicant was notified of the decision to terminate the rental contract of a social housing unit in Lisbon owing to arrears owed in rent, with a period of 90 days to vacate the unit or face eviction. In June 2012, the Court recognized that the housing unit was actually the primary residence of the applicant and her family, which included two children, and ordered that the decision on the eviction be revoked, noting that the family did not have any other proper vacant housing to which they could move nor the economic means to pay for rent at the current market value. 79. The Ombudsperson is, in accordance with the national human rights institution, and has had “A” status since 1999. Pursuant to article 23 of the Constitution, the Ombudsperson may receive complaints against actions or omissions by public authorities, and present to the competent bodies “such recommendations as may be necessary in order to prevent or rectify any injustices”. The institution plays an important role in protecting and promoting human rights, has submitted reports to treaty monitoring bodies and uses international human rights law in its work. 80. With regard to social housing and local public health services, the Ombudsperson has submitted a number of recommendations to social security services and municipalities. In 2015, for example, the Ombudsperson recommended that the Municipality of Amadora suspend the eviction and demolition of unauthorized constructions and houses developed in public land without a permit. He noted that some households would be displaced or rendered homeless if the Municipality continued to demolish homes without providing alternative accommodation. The Ombudsperson recommended that the Municipality, State and other institutions resettle all households without alternatives.25 81. Portugal has ratified several regional human rights instruments, and it is under scrutiny of the European Court of Human Rights and the European Committee of Social Rights. For example, in 2010, the European Roma Rights Centre brought a collective complaint against Portugal to the European Committee of Social Rights, alleging precarious and difficult housing conditions in several Roma settlements, in violation of articles 30 and 31 of the European Social Charter. The Committee found violations of article E (nondiscrimination) in conjunction with articles 16, 30 and 31(1). In response to the complaint, 25 See A/HRC/22/67, case PRT 1/2012 and reply from the Government of 11 September 2012, and at A/HRC/24/21, case PRT 1/2013 and reply from the Government of 10 July 2013. 17