Not all hardship is injustice (Rebeca Argudo in El ABC)

The hardship of a personal situation, however moving, does not automatically become a legal injustice if it complies with the rules. The law seeks general legal certainty, not adaptation to each biography.

The case of **Maricarmen**, an **87-year-old** woman evicted from her home after seven decades of residence, has brought to the fore a question that is often confused: the difference between personal hardship and legal injustice. The shock at her situation, marked by age, disability, and attachment to her home, is understandable. However, the logic of law requires us to separate empathy from legal analysis.

## Old Rent and the Hidden Cost

For years, **Maricarmen** paid a rent far below the market value of her home, protected by an old rent contract. These types of agreements, while beneficial to the tenant in the short term, represent an economic burden for the owner and, indirectly, for other neighbors who pay market prices for similar properties. The difference between what **Maricarmen** paid and the real cost of rent in the area was an implicit subsidy borne by the owner. It is not difficult to imagine that this situation, extended over time, generates other "hardships": families adjusting their budgets, others forced to move to more affordable areas, or even evictions of other tenants who do not enjoy these advantageous conditions.

## The Law, a General Framework

One cannot legislate based solely on the sensitivity of each particular case or the tragedy that most moves us at a given moment. The law, by its very nature, must be a general framework that guarantees legal certainty for all. Adapting the rule to the biography of each individual would turn it into a tailor-made suit, losing its function as a common code. The objective of this code is not to prevent individual suffering, but to protect people from the arbitrariness of those in power. This principle is enshrined in **Article 9.3 of the Spanish Constitution**, which establishes legal certainty as a pillar of the rule of law.

## Equity as a Channel

The legal system itself provides mechanisms to address the particularities of each case without breaking the general framework. **Equity** allows judges to weigh specific circumstances when applying the law, without ceasing to apply it. In **Maricarmen**'s case, although her eviction is a hardship, it does not necessarily constitute an injustice in legal terms. The responsibility of guaranteeing her decent housing falls on public administrations, such as the **Community of Madrid** or the social services of the **Madrid City Council**, and cannot be demanded of the property owner. Charity is a voluntary act, while compliance with the law is an obligation, even if it is sometimes painful.