As is well known, the 2008 Optional Protocol to the International Covenant on Economic, Social and Cultural Rights vested the homonym UN Committee with the competence of receiving and assessing the individual communications submitted against States parties to both the Covenant and its Optional Protocol. Notwithstanding the recent come-to-function of this procedure, the Committee has already adopted a wealthy of views, mostly on the right to adequate housing under Art. 11 of the Covenant in context of forced evictions of occupants without legal title. The present paper aims at systematising the positions of the Committee in this regard. It provides an overview of the main content of the right to adequate housing, as well as of the procedural and substantive guarantees to protect people against forced evictions incompatible with the Covenant. Subsequently, the paper briefly analyses the recent views adopted by the Committee against Italy and examines whether the specific norms of the Italian criminal code (currently in force or possibly to be introduced) are in conformity with the Committee’s interpretation of Art. 11 of the Covenant.
‘Di chi sono le case vuote?’ Diritto ad un’abitazione adeguata e sfratti esecutivi di occupanti sine titulo nella prassi del Comitato sui diritti economici, sociali e culturali
Giulia Ciliberto
2024-01-01
Abstract
As is well known, the 2008 Optional Protocol to the International Covenant on Economic, Social and Cultural Rights vested the homonym UN Committee with the competence of receiving and assessing the individual communications submitted against States parties to both the Covenant and its Optional Protocol. Notwithstanding the recent come-to-function of this procedure, the Committee has already adopted a wealthy of views, mostly on the right to adequate housing under Art. 11 of the Covenant in context of forced evictions of occupants without legal title. The present paper aims at systematising the positions of the Committee in this regard. It provides an overview of the main content of the right to adequate housing, as well as of the procedural and substantive guarantees to protect people against forced evictions incompatible with the Covenant. Subsequently, the paper briefly analyses the recent views adopted by the Committee against Italy and examines whether the specific norms of the Italian criminal code (currently in force or possibly to be introduced) are in conformity with the Committee’s interpretation of Art. 11 of the Covenant.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
