Sull’efficacia giuridica delle richieste di misure provvisorie formulate dagli organi internazionali di controllo sul rispetto dei diritti dell'uomo

Ciliberto, Giulia

2023-01-01

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Abstract

In a number of recent orders, Italian courts ordered the provisional stay of forced evictions in light of the requests for interim measures adopted by the UN Committee on Economic, Social, and Cultural Rights under Article 5 of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights. Subsequently, the same courts, in a different composition, revoked the suspension by claiming that the requests for interim measures are not binding and, in any event, do not have domestic legal effects. The present note investigates the domestic legal value to be accorded to interim measures adopted by quasi-judicial human rights bodies. The comment argues in favour of the existence of an obligation to take into account the pronouncements of these bodies, stemming from the principles of good faith and sincere cooperation.