housing

Italy’s response to the SR communication on the right to housing: “The Italian Legal System aims to protect the fundamental rights of the individual"

President of Council of Ministers of Italy Addresses 78th Session of General Assembly Debate
© UN Photo/Laura Jarriel

Table of Contents

  • The 1/2025 Communication on adequate housing conditions and extreme poverty in Italy
  • Possibility of breaking the rights in question
  • The reply of the Italian Government
  • Conclusion

The 1/2025 Communication on adequate housing conditions and extreme poverty in Italy

In response to a letter from two Special Rapporteurs (OL ITA 1/2025, dated 20 January - see a comment here), Italy has expressed its stance on Deputies Chamber bill no. 1660, approved by the Chamber of Deputies in September 2024, then Senate bill 1236 (the so-called “security package”), eventually adopted by the Government as a Decree-law and entered into force in April 2025. The Communication results from an analysis of potential limits to the freedom of assembly and discriminatory measures against migrants and detainees enshrined in the Act. Balakrishnan Rajagopal, Special Rapporteur on “adequate housing as part of the right to an adequate standard of living and the right to non-discrimination in this context,” and Olivier De Schutter, Special Rapporteur on “extreme poverty and human rights,’ authored the Communication.

 

Possibility of breaking the rights in question

The Communication focused its requests for additional information on the provisions of Article 10 of the Bill, eventually included in Article 10 of the Decree-law 48/2025, introducing amendments to the criminal code and code of criminal procedure ‘to combat the arbitrary occupation of property used for housing’. Among the many issues raised, the SRs’ attention was drawn to the likely consequences resulting from the criminalisation of people living in occupied houses and facing forced eviction. Measures affecting them under this law, leading to prison sentences and an increase in the number of homeless people, may be discriminatory and target the poor, migrants, and human rights defenders.

The reply of the Italian Government

In its response, the Italian government recalls that the Italian legal system aims to ensure the effective protection of the fundamental rights of the individual, one of the pillars of the Italian Constitution. In accordance with international law, the Constitution provides for the protection of all rights and fundamental freedoms contained in global standards, such as the European Convention on Human Rights and Fundamental Freedoms, the Human Rights Universal Declaration or the International Covenant on Civil and Political Rights. The resulting internal provisions for protecting and promoting individual rights are also the basis of domestic and foreign policies. 

The document illustrates national actions and policies to provide housing and social support to people in vulnerable situations.

The introduction explains that Italy bases its actions on the principles enshrined in the Constitution, such as: democracy (Article 1), protection of human rights and dignity of the individual (Article 2), social pluralism and solidarity, equality (Article 3), territorial integrity (Article 5), the right to work as a fundamental value of the community (Articles 1 and 4), the rule of law, and respect for freedom and human rights.

The Italian legal system is intended to ensure full protection of individual rights, in accordance with international law.

In response to the comments made by the UN Special Rapporteurs, Italy referred to concrete measures to protect the right to housing and to support people in economic hardship. The housing issue has been an important element of the socio-political debate in Italy for years. The Ministry of Infrastructure runs a number of programs related to the revitalisation of urban spaces, including the construction, renovation and purchase of apartments, with an emphasis on improving energy efficiency. As part of the projects currently implemented, the government plans to make over 105 thousand apartments available, of which over 35 thousand have already been completed. For the period 2025-2027, the implementation of the ‘Piano casa Italia’ – a national plan for public and social housing - is intended to serve the long-term reorganisation of the housing system, in cooperation with local authorities.

For people unable to pay rent on their own, the 2025 Budget Law provides for the renewal of the fund for tenants in arrears with their rent for reasons not attributable to their fault. The total amount is 30 million Euros. In addition, the ‘Decreto Salva-Casa’ adopted in 2024 allows for the legalisation of previously excluded residential units, which is conducive to increasing the availability of apartments on the market and counteracts further consumption of green areas.

The Italian government is also implementing solutions that support public-private partnerships. Amendments to the Public Contracts Code and the Consolidated Building Code allow regional authorities to support regeneration initiatives, build social housing, and develop housing agencies. Other key programs include The National Housing Plan, The Programme for the revitalisation of housing owned by Municipalities and former Independent Institute for Public Housing (IACP), and funds related to the National Recovery and Resilience Plan (PNRR – Piano nazionale di ripresa e resilienza), such as “Safe, green and social: redevelopment of public housing”. The response also mentions the National Innovative Programme for the Quality of Living, which aims to modernise and develop the housing stock intended for social purposes. The programme, based on the principles of sustainable development and smart urban management (Smart Cities), supports 159 projects across the country with a budget of around 3 billion Euros. 

Over the past decade, total expenditure on housing policy has totalled around 11 billion Euros. In the face of deepening social and economic inequalities, the Italian government is taking numerous measures to support people in difficult situations. In February 2022, the Director General for the fight against poverty and social programming at the Ministry of Labour adopted Ministerial Decree No. 5, under which local territorial units were empowered to submit proposals for assistance measures. The main objective of this initiative is to expand the scope and quality of services provided to people in critical situations, with particular emphasis on homeless people. Two programmes play a key role here: ‘Housing First’ and ‘Service-Centres’.

The Housing First program incorporates a modern approach to helping homeless and extremely marginalised people. To receive housing support, it is not necessary to meet the usually required conditions, such as participation in therapy, addiction treatment or professional activity. Indeed, housing is a basic human right, and by only providing it, the community creates space for further improvement of the quality of life, including physical, mental and social health. This approach focuses on people who have been severely disadvantaged by life events and who have often lived on the street for years and struggled with mental, physical or emotional disorders. The programme finances renovation and adaptation projects for flats for individuals, small groups, and families who are in extremely difficult situations. Temporary housing assistance for up to 24 months is also offered, aimed at those who do not have access to public housing and require constant care. Each project must include at least two apartments and support 10-15 beneficiaries.

The Service Centres programme is being implemented in easily accessible locations to offer social and health counselling, assistance in professional activation and social integration. Service Centres are intended to be a point of contact for people living in poverty, helping them navigate the system of public benefits and services.

In 2023, a law was also passed introducing the ‘Assegno di Inclusione (ADI)’, or integration allowance. This benefit is addressed to households with children, the elderly or people with disabilities. The allowance depends on your income and family structure – it can be up to €6,500 per year (or €8,190 for seniors and dependents), and you are also entitled to a housing allowance of up to €3,640 per year. The allowance not only provides financial support but also triggers an individualised social and professional activation plan, aimed at returning the beneficiaries to independent functioning in society.

Conclusion 

In its response, Italy reaffirms its commitment to the protection of human rights, in particular the right to housing, and support for people in vulnerable situations. A range of actions are mentioned at the national level, including investment in social housing, assistance to tenants, legalisation of the housing stock and programmes to support homeless people. The key assumption of these activities is to treat housing as a basic right, not a reward for meeting some requirements. However, little information seems to be provided addressing the specific criticisms raised by the SRs. Italy declares that it will continue to cooperate with UN mechanisms and implement policies conducive to social inclusion and the fight against poverty.

Yearbook

2025

Links

Keywords

housing economic, social and cultural rights Italy special rapporteur