A/HRC/34/51/Add.2
June 2014, Portugal received a loan of 78 billion euros. 10 Among the conditions attached to
the loan were a series of austerity measures that, by their nature, resulted in an increase in
poverty levels, lower social protection benefits, higher rates of homelessness and
unaffordable housing, utilities and other public services.
12.
The stated objectives of the memorandum of understanding were to “improve
households’ access to housing; foster labour mobility; improve the quality of housing and
make better use of the housing stock; reduce the incentives for households to build up
debt.” It also incorporated specific conditions relating to the rental market, the management
of housing stock, property taxes and administrative procedures for the eviction of tenants in
relation to renovation work.
13.
The above-mentioned measures included the amendment of the New Urban Rental
Regime (Law No. 6/2006) “to ensure balanced rights and obligations of landlords and
tenants, considering the socially vulnerable”. Accordingly, the reform introduced measures
(a) to broaden the conditions under which open-ended residential leases could be
renegotiated; (b) to phase out rent control mechanisms; (c) to reduce the prior notice for
termination of leases for landlords; (d) to provide for an extrajudicial eviction procedure for
breach of contract, aiming at shortening the eviction time to three months; and (e) to
strengthen the use of existing extrajudicial procedures for cases of division of inherited
property.
14.
The memorandum of understanding also required simplified rules for the temporary
relocation of tenants for rehabilitation works, allowing landlords to terminate lease
contracts for major renovation works with a minimum of six months’ notice.
15.
Each of the above measures has a potential bearing on the enjoyment of the right to
adequate housing. Unfortunately, social and human rights impact assessments were not
conducted prior to the adoption of austerity and other measures in the housing sector;
furthermore, human rights principles and standards were not included in the memorandum
of understanding.
16.
The central goal of austerity measures was to reduce the budget deficit. In an attempt
to curve the negative impact of the measures, the Government informed the Special
Rapporteur about some programmes that were introduced, such as the Social Emergency
Plan (PES-2012), including the Social Market for Renting (MSA, sect. 5c) giving access to
housing at 20 to 30 per cent below market rates; and law no. 58/2012 creating a regime to
protect mortgage debtors and requiring financial institutions to restructure loans for persons
in serious financial difficulty. The Special Rapporteur did not receive information attesting
to the extent to which these programmes had been beneficial to those most in need.
Moreover, because these programmes are aimed at those living in poverty, they do not
address the housing needs of the “new poor” struggling with mortgage and rent arrears, loss
of employment, wage freezes, increased taxes and lower pensions. 11
10
11
Since June 2014, Portugal has been under post-programme surveillance until at least 75 per cent of
the financial assistance received has been repaid, possibly until 2026.
See the statement by the Committee on Economic, Social and Cultural Rights on public debt,
austerity measures and the International Convention on Economic, Social and Cultural Rights
(E/C.12/2016/1), para. 3.
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