The residence is a right for the homeless

Feb 5, 2018 | Focus On, Migrants and the homeless, News, Residence | 0 comments

Registration for the registry office is a subjective right

“Registration for the registry office is a subjective right (and no concession) recognized by our legal system (Law registry, adding n. 1228 of 24.12.1954) to all citizens who have the right. Exceptions are not foreigners legally residing in the territory.” (note 1)

Therefore, each municipality, for through its Registry Office - as a government official - holds the Register of positions of individual, of households and cohabitation and records the relative positions of the homeless who have established in the town's domicile

Our system provides for the opportunity for homeless people to establish residence in the place of his residence or in the municipality where the person lives and in fact, failing that, in the Municipality of birth (DPR. 223 of 30.05.1989) and / or in a territorially fictitious residence nonexistent but equivalent legal value (Istat Circular. 29/1992)

  1. establish residency in the place of his domicile or in the municipality where the person lives and in fact, failing that, in the Municipality of birth (DPR. 223 of 30.05.1989)
  2. setting up residence in a via fictitious territorially but not existing equivalent legal value (Istat Circular. 29/1992)

Recall also that the D.M. 6 July 2010 (Interior Ministry), in implementation of the Law on public security n. 94 of 15 July 2009, provides that once a person enrolled nell'anagrafe of the resident population, the common point to the registry location of homeless in the Index of national registers (In her)

Such information is stored in the Register of homeless people name owned by the Department of Interior and Territorial Affairs – Central Directorate for demographic services at the Interior Ministry.

These actions respond to a dual objective inherent in our system and in our Constitution: promote the binding of every citizen with the territory and actually know the characteristics of the population present on our national territory

The dummy via allows you to request the following documents:

  1. identity card
  2. health insurance card
  3. residence permit
  4. late penalty
  5. renew a residence permit

therefore, any discretionary practice, which the ownership of an employment relationship, the availability of a dwelling, family ties, imposed by some governments to obtain residence, It is in fact arbitrary and violates the national legislation

The Registry Offices should know that not recognizing the residence to the homeless means:
– violate the duty of political solidarity, economic and social (art. 2 Cost)
– violate the formal and substantive equality law (art. 3 Cost)
– violating the right to work (no residence, no registration CPI, no p.Iva) (art. 4 Cost)
– outrages upon personal freedom and inviolability of the home (art. 14 Cost)
– violate the freedom to set their residence in the State (art. 16 Cost)
– violating the right to defense (no residence, no access to the legal aid) (art. 24 Cost)
– violating the right to health (art. 32 Cost)
– violating the right to assistance and social security (no residence, no board) (art. 38 Cost)
– violate the right to vote (no residence, no constituency) (art. 48 Cost)

The person Homeless in Milan

If you are a person homeless and live in Milan, you can make birth registration request with the support of associations and entities of the Third Sector (listening centers) where you can register your residence

The Registry office recognizes and fulfills the legal right to enrollment. The residence in question, however, is closely related to the link "formal" that develops between the person and the Association. The latter is required to inform the Registry office in the event you need to cancel person who has absconded (note 3)

The Association therefore is not recognized as the habitual residence of the person – not establishing with the counseling center typical of habitual residence – nor as a home in which the person has their own affairs and affections. The residence in question appears to have transitory character At the moment the central government is expanding, with proper notice citizen, collaboration with local associations and with the city's master data delegations

The person Homeless in Turin

If you are a person homeless and live in Turin, you can elect domicile as the place (bench, Street, accommodation) in which we live are providing officer central anagrafico the elements identifying the position where it is possible to find. The Register Office, carried out the checks for the shortest way, register you in Via the Municipal House 1. This residence has been established by the City Council to guarantee the right to residence, and not to guarantee rights or securities, nor to the use of any other type of performance, including those social care. For the latter, the City Council approved the establishment of the fictional residence "Via of the Municipal House, 2”, near which can be entered only by birth citizens homeless recipients of interventions in social welfare character reserving well to Adults Service Difficulty of expertise to 'authorization is granted registration of citizens homeless in "Via the Municipal House, 2”

It can happen that the PSD choose to put up residence in the home of a non-profit association and, according to this, the residence is identified as coexistence Wizard The residence is therefore recognized as a right in accordance with current legislation From about 3 years, Turin City Council releases the fictitious residence in foreign and EU they had a royal residence in Italy

The person Homeless in Palermo

If you are a person homeless and living in Palermo, you can submit an application for registration to Anagraphic Register through the intermediary of an association accredited by the municipality of Palermo (when the call for accreditation has been reopened). The Association is called to declare to know the person. Then the municipality that periodically and, in monthly theory, It brings together a technical associations, It collects and evaluates these instances with appropriate investigations. Eventually it decrees and attributes the new virtual residence in Via Ciro Lupo (via fictitious) assigning a number

1 Upgrading 19/11/2018
It is currently going through Parliament of Decree Salvini which will have consequences on the allocation of residence for foreigners staying in various capacities in Italy. The fio.PSD and street Lawyer closely following the evolving situation

2 cancellation – provided art.11 of D.P.R.30.5.1989 n.223, paragraph 1, c – It has serious consequences and in particular the loss of voting rights and health care. Thanks to a Lawyer Association reporting of Parma Road, mentioning that the conformity with the spirit of D.P.R.17.7.2015 126 "Regulations adapting the master Regulation of the resident population", would maintain the book in the register of Italian citizens unavailable through a specific record or register, that avoids the loss of fundamental rights

* Thank you for your precious collaboration Association Street lawyer and the National Working Group fio.PSD "street and Residence Jobs

News & Updates

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Too poor to rate: thousands of homeless have the right to go to the polls Hundreds of municipalities continue to ignore the issue of the homeless. Although there is a guarantee of Italian law LUIGI Mastrodonato 27 February 2018...

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Vatican Radio – 20 February 2018

Interview with Michele Ferraris, Head of Communication fio.PSD, Italian Federation of organizations for homeless people, Active since 1985 and part of FEANTSA, European federation that brings together national associations FEANTSA From the figures on the increase ...

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