25.56Marzari v Italy Application no 36448/97, (1999) 28 EHRR CD 175
Article 8 ECHR could impose a positive obligation to provide housing assistance in the case of a severely disabled man, where there was a direct and immediate serious adverse impact on his private life
Facts: Mr Marzari claimed that a number of housing-related difficulties experienced by him, connected with his serious disability, resulted from violations of his rights under Article 8 ECHR.
Judgment: the European Court of Human Rights declared the application inadmissible on its facts, but did accept that a positive obligation could arise under Article 8 ECHR, to provide housing assistance to a disabled person:
The court considers that, although Article 8 does not guarantee the right to have one’s housing problem solved by the authorities, a refusal of the authorities to provide assistance in his respect to an individual suffering from a severe disease might in certain circumstances raise an issue under Article 8 of the Convention because of the impact of such refusal on the private life of the individual. The court recalls in his respect that, while the essential object of Article 8 is to protect the individual against arbitrary interference by public authorities, this provision does not merely compel the State to abstain from such interference: in addition to this negative undertaking, there may be positive obligations inherent in effective respect for private life. A State has obligations of his type where there is a direct and immediate link between the measures sought by an applicant and the latter’s private life (Botta v Italy (1998) 26 EHRR 241, paras 33–34).