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Diritto alla casa per i senza tetto: obbligo degli Stati solo se regolarmente residenti nel loro ter

" The Committee reiterates that according to Article 31§2, shelter is to be offered to the homeless as an emergency solution. Moreover, to ensure that the dignity of the persons sheltered is respected, shelters must meet health, safety and hygiene standards and, in particular, be equipped with basic amenities such as access to water and heating and sufficient lighting. Another basic requirement is the security of the immediate surroundings (DCI v. the Netherlands, cited above, §62).

With regard to persons regularly resident or regularly working within the territory of the state party concerned, the Committee recalls that the temporary provision of shelter, however adequate, cannot be considered a lasting solution. These persons must be offered either long-term accommodation suited to their circumstances or housing of an adequate standard as provided by Article 31§1 within a reasonable time (Conclusions 2011, Andorra).

However, as regards those irregularly present within the territory of a state party, there is no obligation on States to provide them with alternative accommodation. Eviction from shelter should accordingly be banned, as it would place the persons concerned, particularly children, in a situation of extreme helplessness that is contrary to the respect for their human dignity (DCI v. the Netherlands, cited above, §63)".

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