Right to Shelter: Inside Spain’s Foreigners Detention Centres

Article 11 of the International Covenant on Economic, Social, and Cultural Rights (ICESCR) establishes the right to adequate housing as part of the right to an adequate standard of living. States must respect, protect, and fulfil the right to housing of all individuals under their jurisdiction. Although this is a right of progressive realization, States have an immediate obligation. That is, to provide adequate shelter to all individuals, irrespective of their immigration status. This chapter explores the nexus between migration governance and the right to housing in Spain, focusing on the detention of third-country nationals in centres designed to facilitate their eventual return or deportation. These facilities, as widely documented, fail to meet basic standards of suitability, potentially constituting a violation of Spain’s international obligations concerning the right to housing. Recognition of the right to housing in this context would require States to ensure that such facilities meet the necessary minimum standards of adequacy, dignity, and security, thus aligning with the precepts enshrined in the ICESCR. The chapter conducts a legal analysis with a human rights approach, considering the criticisms directed at Spanish foreigners’ detention centres and exploring the elements of the right to shelter. The concept of “everyday bordering” attempts to explain the perpetuation of exclusionary dynamics within these facilities. Inadequate detention facilities not only undermine Spain’s commitments under international law, but also perpetuate a cycle of vulnerability for those falling outside the system, further marginalizing and disempowering them.