Antoni Milian i Massana: "The inhumane and degrading treatment of those evicted from B9 clashes with the Constitution"

BarcelonaHe eviction of the 400 surviving people The incident at the former B9 high school in Badalona has highlighted the lack of public services capable of providing a quick and urgent response to homelessness, a crisis that affects at least 7,000 people across CataloniaAccording to a survey of metropolitan municipalities and those with more than 20,000 inhabitants, published by the Catalan Ombudsman (Síndic de Gregues), there are approximately 400 settlements providing shelter to more than 2,600 people. Since 2022, Parliament has been processing the proposed law on homelessness, championed by Antoni Milian i Massana, Professor of Administrative Law at the University of Barcelona, with the support of five major social organizations.

What would have changed in Badalona if the law were already in effect?

— If the law is passed with the terms set out in the proposal, these people could ask the authorities for a roof, a decent residential space, and should not have been left out in the open.

What do you mean by ceiling?

— We understand that a roof over their heads in these cases doesn't necessarily mean a home; it could be a shelter or a hotel. First, we need to provide them with a roof over their heads so that we can later offer them a home.

I've known for months that there would be an eviction. What or who went wrong to leave so many people out in the cold?

— There isn't a single cause. But it's important that local councils are aware that they face a challenge and lack sufficient resources, and that they need to reach an agreement to gradually increase funding in order to reduce the number of homeless people.

Do you think there has been a lack of coordination between administrations?

— It must be taken into account that from a legal standpoint each administration has clear powers and the rest cannot interfere.

Following the arrival of refugees from Ukraine, there was indeed joint work and spaces were found to accommodate them.

— When there is an emergency, palliative solutions are eventually found. how it happened during the Covid crisisWhen spaces were created to house homeless people, it's true they weren't ideal, but they did manage to keep them off the streets. You can't leave hundreds of people on the street; it creates an inhumane and degrading situation. While there isn't technically a right to housing, there is a right to dignified treatment. And the inhumane and degrading treatment we see clashes with the Constitution.

What else does the proposed law in Parliament include?

— Simple things like the right to shower, to have a luggage storage, to have a transportation pass because these are people who have to travel a lot looking for services. The proposal aims to provide a comprehensive approach to addressing homelessness.

More than one mayor probably thinks that opening a shelter or showers will attract more homeless people.

— It's clear that there are difficulties and fears in this regard, and we also know that some municipalities send people to other cities. But we must be clear that municipalities are financially strapped, and this law requires agreements between the Generalitat (Catalan government) and the municipalities to gradually, but decisively, establish limits so that people don't end up on the streets. We are aware that the two-year deadline is difficult to meet, but the law must establish timeframes to guarantee that the problem is solved. I believe the law should be both a shield and a lever. A shield to protect people living on the streets from physical and psychological violence, and from the fact that living on the streets shortens life expectancy by 30%. We also need a lever to enable them to take the leap and obtain the resources to live more dignified lives.

After its passage through Parliament, are you afraid that the spirit of the proposal will be watered down by pressure that mayors and parties may exert to avoid fulfilling their obligations?

— There will probably be some pruning, perhaps because we were surely optimistic about the deadlines, but I believe that the right to have a roof should not be lost, and commitments should also be maintained within reasonable deadlines and budget allocations guaranteed.

Had he calculated the budget allocation that the law would require?

— We estimated that with an annual contribution of 80 million euros from the Generalitat (Catalan government) over five years, significant progress could be made. Barcelona alone allocates 51 million. This is a political decision because we must remember that an eviction also costs a great deal of money, including police, firefighters, and cleanup. The law reverses this and saves money.