Useful references, cases and legislation

Everyone has the right to a standard of living sufficient to guarantee the health and well-being of his / her own family, with particular regard to … housing“. (Article 25 of the Universal Declaration of Human Rights)

The “right to housing” as well as the Universal Declaration of Human Rights is a right in many national constitutions. In the Italian Constitution, the right to housing is mentioned in art. 47 and in repeated sentences of the Consulta.

On this page we collect the useful material to better understand and deal with the cases of discrimination that may occur in this area. From the search for a home through real estate agencies to renting, from the relationship with condominiums and the neighborhood to calls for the awarding of public housing.

Real Estate Agencies

Guarantor for the protection of personal data of 11/01/2007: Provision of the Guarantor for the protection of personal data, with regard to the unlawful processing of personal data, suitable for revealing the racial or ethnic origin. Attachment

Private Building

Court of Bologna Decree of 02/22/2001: appeal against restriction of access to housing for non-EU citizens. Attachment

Public Building

Tar Piedmont – Section 1 sentence n. 323 dated 13/02/2002: appeal against, restriction of participation in competitions for housing assignments, for non-EU citizens. Attachment

  • Tar Lombardia n.264 of 25/02/2005: appeal against restriction of public housing assignment for foreigners legally residing in Italy. Attachment

  • Court of Bolzano, n. 665 dd. of 11/16/2010: the decision of the Provincial Government of Bolzano is discriminatory when, establishing separate rankings between citizens of the European Union and not for the assignment of the house subsidy for the support of the leases, assigns to the first higher allocations quotes through the applying of different weights to the parameters of numerical consistency and housing needs. Attachment

  • Court of Bolzano, Ordinance No. 342 / 2011L dated 20/07/2011: violates the prohibition of discrimination between EU citizens the legislation of the Prov. aut. of Bolzano that subordinates the granting of a house subsidy to the citizen of another EU member country to the possession of the declaration of aggregation to one of the native linguistic groups having deferred effectiveness, starting from the 18 month following the one in which it was surrendered. Attachment

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