The justice system resolves that the Martorell City Council discriminates against a resident by not registering her

BarcelonaAlthough Rosa R.R. has lived in Martorell for years and has requested to register on the municipal census on numerous occasions, the City Council has always prevented her from doing so. Because of this, she filed a lawsuit against the local government, and now the High Court of Justice of Catalonia (TSJC) has ruled in her favor. The court declares that the municipal refusal to process her registration application, despite her demonstrating that she lives in the municipality, violates the fundamental right to equality. The ruling, which was reported by Nació Digital, recalls that registration in the municipal census is an obligation of local administrations and that its purpose is to certify the place where a person actually resides, regardless of whether they have a rental contract, a property title, or an authorization from the property owner.

Rosa R.R. is one of six people who, advised by the Platform for People Affected by Mortgages (PAH), sued the municipal government of Martorell for refusing to register residents without a rental or purchase contract. Although the lawsuit was filed jointly, the judge decided that it could only be processed one by one. Rosa's case, as she is a Spanish national, was chosen over the rest of the plaintiffs, who all held foreign passports, because her name appeared at the top of the file, her lawyer explained more than a year ago. "We hope that this first lawsuit paves the way for the others", she said at the time.

Rosa is 62 years old. First, a work-related illness removed her from the labor market and, with a minimum pension, she stopped paying rent for a flat in L'Hospitalet that she shared with her 20-year-old son. Fortunately, she was able to avoid ending up on the street because a brother-in-law proposed that they move into a flat of his own where his mother lived in exchange for taking care of her. A few months later, this man lost the flat due to non-payment of the mortgage installment, but the bank accepted that the mother could remain there under usufruct for four years. Shortly after, the woman died suddenly, and the family gave Rosa permission to stay there. On the other hand, the bank has tried on two occasions to evict her, but in the end, the eviction has not been carried out and mother and son continue to live there. She explains that she has tried several times to pay a social rent to the bank, but has not succeeded.

Now the TSJC considers that the Martorell City Council treated the plaintiff differently compared to other residents without an objective and reasonable justification, by demanding a legal title legitimizing that she lives in the home, when the registry regulations allow for proving effective residence through other elements of proof. Consequently, it annuls the first-instance ruling from last April, in which the residents' claim was dismissed and the violation of Article 14 of the Constitution – the principle of equality and the prohibition of discrimination – was declared, and the City Council was ordered to restore legality and process the registration application.

Refusal to register

When the lawsuit from the six residents was admitted for processing in February 2025, the mayor of Martorell, the Junts member Xavier Fonollosa, stated that only people who could prove they had established residency in the municipality with a rental contract, a property deed, or authorization from the property owner would be registered. He argued at the time that occupying a property “is a crime,” and that this can never confer rights. However, the mayor added that the city council would accept the court's decision. “Occupations must be fought, but if a judge believes that this country must move in this direction, we will abide by it,” he concluded.

The PAH and the Papers for Everyone assembly defend that this is a pioneering ruling, which addresses the refusal of municipal registration from the perspective of the violation of fundamental rights and recognizes that the arbitrary application of registration regulations can constitute a constitutionally prohibited discrimination.