Gli obblighi internazionali in materia di abitazione adeguata

This essay concerns the International Obligations on housing rights. The study focuses on the Right to an Adequate House, as part of the fundamental right to an “adequate standard of living” stated by the Universal Declaration on Human Rights (art. 25.1) and by the ICCPR (art. 11.2), and set forth in a specific norm of the revised European Social Charter (art. 31). After the analysis of the relevant norms and of their application at international and internal level (paras 1-6), the study deals extensively with the evolution of the case-law of the European Court of Human Rights, that progressively left wider room to the social dimension of rights pertaining home (paras 7-11). The research is based on one hand on the analysis of negative obligations about House, i.e. the obligations on Forced Evictions (obligation to respect housing rights), and on positive "obligation to protect" houses from violations by private persons. On the other hand, the essay focuses on the complex issue of positive obligations that can be qualified as obligations to fulfill, that are not easily acknowledged and enforced in the field of social rights, due to their strict connection with the autonomy of national authorities in the field of social policy. The study is one of the essays of the “substantial” part (preliminary to the institutional part) of the book edited by the same Author on “Economic Social and Cultural Rights”, that includes essays of various Scholars (F. Bestagno, M. Bothe, F. Costamagna, M. Cremona, P. De Sena, C. Di Turi, C. Dordi, M. Gestri, G. Gori, G. Malinverni, Card. R. Martino, R. Pisillo Mazzeschi, S. Sanna).