Summary
"Italy and Human Rights in 2019: Back on Track?" is the title of the 2020 Yearbook introduction. The in-depth analysis on a human rights theme offered in this edition concerns Italy’s behaviour in the context of the Third Universal Periodic Review at the United Nations Human Rights Council.
As in the previous years, the Italian Agenda of Human Rights 2020 updates on the legislative, infrastructural and policy-making fronts where action is required to strengthen the Italian human rights system.
Excerpt
Table Of Contents
- Cover
- Title
- Copyright
- About the author
- About the book
- This eBook can be cited
- Contents
- List of Acronyms
- Italy and Human Rights in 2019: Back on Track?
- Italian Agenda of Human Rights 2020
- Structure of the Yearbook 2020
- In-Depth Study – Italy and Human Rights in the Third Universal Periodic Review at the United Nations (2010–2019)
- I Peer Participation and Recommendations: A Record UPR
- II Acceptance Rate and Non-acceptance Strategies
- Conclusions
- Part I The Reception of International Rules on Human Rights in Italy
- International Human Rights Law
- I International Human Rights Law
- II Legal Instruments on Disarmament and Non-proliferation
- III Legal Instruments of the Council of Europe
- IV European Union Law
- A Treaties
- B EU Law in 2019
- Italian Law
- I Constitution of the Italian Republic
- II National Legislation
- A General Human Rights Legislative Acts
- B Legislative Acts Concerning Specific Human Rights Subjects
- C Legislative Acts Concerning the Protection of the Human Rights of Particular Groups
- III Municipal, Provincial and Regional Statutes
- IV Regional Laws
- Part II The Human Rights Infrastructure in Italy
- National Bodies with Jurisdiction over Human Rights
- I Parliamentary Bodies
- A Senate of the Republic: Special Commission for the Protection and Promotion of Human Rights
- B Chamber of Deputies: Permanent Committee on Human Rights
- C Bicameral Bodies: Parliamentary Commission for Children and Adolescents
- D Parliamentary Acts Concerning Human Rights
- II Prime Minister’s Office (Presidency)
- A Department for Equal Opportunities: UNAR and Observatory for the Fight against Paedophilia and Child Pornography
- B Commission for International Adoptions
- C National Committee on Bioethics
- III Ministry of Foreign Affairs and International Cooperation
- A Inter-Ministerial Committee for Human Rights (CIDU)
- B Italian National Commission for UNESCO
- IV Ministry of Labour and Social Policies
- A National Observatory for Children and Adolescents
- B National Observatory Monitoring the Conditions of Persons with Disabilities
- V Ministry of Justice
- VI Judicial Authorities
- VII Independent Authorities
- A Communications Regulatory Authority (AGCOM)
- B Data Protection Authority
- C Commission Guaranteeing the Implementation of the Law on Strikes Affecting Essential Public Services
- D National Ombudsperson for Children and Adolescents
- E National Ombudsperson for the Rights of Persons in Prison or Deprived of Liberty
- VIII Non-Governmental Organisations
- IX Teaching and Research on Human Rights in Italian Universities
- Sub-national Human Rights Structures
- I Peace Human Rights Offices in Municipalities, Provinces and Regions
- II Ombudspersons in the Italian Regions and Provinces
- III National Coordinating Body of Ombudspersons
- IV Network of Ombudspersons for Children and Adolescents
- V Network of Territorial Ombudspersons for Persons Detained or Deprived of Their Liberty
- VI National Coordinating Body of Local Authorities for Peace and Human Rights
- VII Archives and Other Regional Projects for the Promotion of a Culture of Peace and Human Rights
- Region of Veneto
- I Department for International Relations, Communications and SISTAR
- II Regional Table on Human Rights and Sustainable Development Cooperation
- III Venice for Peace Research Foundation
- IV Human Rights Authority
- V Regional Commission for Equal Opportunities between Men and Women
- VI Regional Observatory on Immigration
- VII Regional Archive “Pace Diritti Umani – Peace Human Rights”
- Part III Italy in Dialogue with International Human Rights Institutions
- The United Nations System
- I General Assembly
- A Resolutions on Human Rights – Italy’s Voting Behaviour
- II Human Rights Council
- A Italy’s Behaviour at the Human Rights Council in 2018
- B Universal Periodic Review
- C Special Procedures
- III High Commissioner for Human Rights (OHCHR)
- IV High Commissioner for Refugees (UNHCR)
- V Human Rights Treaty Bodies
- A Committee on Economic, Social and Cultural Rights
- B Human Rights Committee (Civil and Political Rights)
- C Committee against Torture
- D Committee on the Elimination of Racial Discrimination
- E Committee on the Elimination of Discrimination against Women
- F Committee on the Rights of the Child
- G Committee on the Rights of Persons with Disabilities
- H Committee on Enforced Disappearances
- I Committee on Migrant Workers
- VI Specialised United Nations Agencies, Programmes and Funds
- A International Labour Organization (ILO)
- B United Nations Educational, Scientific and Cultural Organisation (UNESCO)
- C Food and Agriculture Organisation of the United Nations (FAO)
- D World Health Organization (WHO)
- E United Nations Development Programme (UNDP)
- F United Nations Environment Program (UN-Environment)
- G United Nations Program for Human Settlements (UN-HABITAT)
- H United Nations Children’s Fund (UNICEF)
- I International Organization for Migration (IOM)
- Council of Europe
- I Parliamentary Assembly
- II Committee of Ministers
- III European Court of Human Rights
- IV Committee for the Prevention of Torture
- V European Committee of Social Rights
- VI Commissioner for Human Rights
- VII European Commission against Racism and Intolerance
- VIII Advisory Committee on the Framework Convention for the Protection of National Minorities
- IX European Commission for Democracy through Law
- X Group of Experts on Action against Trafficking in Human Beings
- XI Group of States against Corruption
- XII Group of Experts on Action against Violence against Women and Domestic Violence
- XIII Lanzarote Committee
- European Union
- I European Parliament
- II European Commission
- III Council of the European Union
- IV Court of Justice of the European Union
- V European External Action Service
- VI Special Representative for Human Rights
- VII Fundamental Rights Agency (FRA)
- VIII European Ombudsman
- IX European Data Protection Supervisor
- Organization for Security and Cooperation in Europe (OSCE)
- I Office for Democratic Institutions and Human Rights (ODIHR)
- II High Commissioner on National Minorities
- III Representative on Freedom of the Media
- IV Special Representative and Coordinator for Combating Trafficking in Human Beings
- Humanitarian and Criminal Law
- I Adaptation to International Humanitarian and Criminal Law
- II Italian Contribution to the “Peacekeeping” Missions and Other International Missions
- Part IV National and International Case-Law
- Human Rights in Italian Case-Law
- I Aspects of the Relationship between the Italian Justice System and European Case-Law
- A Foreign State Immunity and International Crimes
- B Sanctions of the CONSOB: The Constitutional Court Applies the Rule of the So-Called Dual Preliminarity
- II Dignity of the Person, Right to Identity
- A Prostitution and Its Solicitation
- B Right to Know One’s Origins
- C Advance Provisions on Treatment of Personal Data and the Role of Support Services
- D Personal Injury and Consent of the Victim; Commercialisation of Gametes
- E Diagnostic Tests that Affect the Sexual Freedom and Consent of the Patient
- F Conscientious Objection and Abortion
- G Adoption of Partner’s Child within Civil Unions and the Right to a Name
- H Transcription of Foreign Documents and Alleged Contrast with Public Order: Adoption by Homosexual Couples, Surrogate Maternity
- I Sex Changes of Married Partners
- III Freedom of Religion, Rights to Freedom of Speech, Association, and Political Rights; Right to Inform; Hate Crimes; Crime of “Injury”
- A Authorisation to Gather to Celebrate an Islamic Festival
- B Limits of the Right to Inform
- C Propaganda of Racist Ideas and other Manifestations of Hatred
- D Abolition of the Crime of “Insult”
- IV Asylum and International Protection
- A Repatriations to Libya Violate Asylum Seekers’ Human Rights
- B Constitutional Legitimacy of Some Measures of the Law-Decree “Security and Immigration”. Civil Registration of International Protection Seekers
- C Complaints against the Ban on Recognising International Protection
- D Humanitarian Protection
- E Migrants’ Reaction to Repatriation to Libya and Resisting Public Arrest of a Ship’s Captain: Justified Legitimate Defence and Line of Duty
- V Discrimination – General Issues
- A Discrimination Based on Nationality or Ethnic Origin
- B Discrimination towards Homosexual Couples on Assisted Reproduction
- VI Rights of Persons with Disabilities
- A Leave to Assist Persons with Disabilities: Assistance Benefit
- B Inclusion in Education
- VII Social Rights
- A Right to Health and Access to Medicine
- B Workplace Security. Individual Protection Provisions
- C Consumers’ Rights. Misleading Advertising
- D Right to Strike
- E Social Security Withholdings and Wages
- VIII Immigration, Citizenship
- A Memorandum between Italy and Libya of 2017: Its Nature as an International Treaty
- B Iure Sanguinis Access to Italian Citizenship of Descendants of Subjects of the Austro-Hungarian Empire
- C Access to Citizenship
- D Statelessness
- E Social Rights of Immigrated Citizens
- IX Freedom of the Press – Right to Report and Criticise. Right to Private and Family Life
- A Freedom of the Press and the Crime of Defamation
- B Defamation and Discrimination
- C Right to be Forgotten
- D Illegal Use of Personal Data
- X Women’s Rights
- A Femicide
- B Abuse within the Family; Sexual Violence
- XI Children’s Rights
- A Community Service in Juvenile Justice
- B Special House Arrest – Community Service in Juvenile Justice
- C Crime of Child Pornography
- D State of Abandonment and Adoption
- E Recognition of Children; Shared Custody
- F Right of Parents to be Informed of their Child’s Progress at School
- G Listening to Minors and Self-determination in Relationships
- H Doubts on the Extension of the Crime of Failure to Provide Means of Assistance to Children Born out of Wedlock
- I Violence against Children
- XII Due Process: The Pinto Act on Unreasonable Length of Proceedings
- A Questions of Constitutionality
- B Application Problems
- XIII Criminal Matters
- A Self-defence
- B Torture: Article 613-bis of the Criminal Code
- C Inhuman Treatment and Article 35-ter Prison Administration Act
- D Life Sentences and Article 4-bis of Prison Administration Act
- E Prisoners’ Conditions, Particularly of Prisoners under the Special Prison Regime (Article 41-bis of the Prison Administration Act)
- F Political Rights of Prisoners
- G Sanctions Imposed by Independent Authorities
- H Lawyers’ Use of a Computer with Clients in Prison
- I Extradition, European Arrest Warrant
- Italy in the Case-Law of the European Court of Human Rights
- I Right to Life, Ban on Torture and Inhuman and Degrading Treatment
- II Right to Freedom, Security and Free Movement
- III Right to a Fair Trial
- IV Private and Family Life
- V Freedom of Expression
- VI Right to Private Property and to Peaceful Enjoyment of Possessions
- Italy in the Case-Law of the Court of Justice of the European Union
- I Rights of Justices of the Peace to Paid Leave
- II Unconditional Right of Pre-emption Granted to Employees of the Pharmacy Being Sold
- III Protection of the PDO Brand
- IV Customer Protection and Unfair Practices of Gas and Electricity Companies
- V EU law and Italian Criminal Proceedings
- VI Public Contracts and Super-accelerated Procedures
- VII Age-Based Discrimination
- Research and Editorial Committee
- Index
- Table of Cases
List of Acronyms
Italy and Human Rights in 2019: Back on Track?
One year ago, the Introduction of the Yearbook 2019 spoke of Italy’s stagnation, immobilisation and regressive attitude on human rights. It was a difficult moment for conducting human rights dialogue between the State and the international community. Two distinguishing features stood out during that time: friction between Italy and its international peers and a suggested strategic change in attitude on human rights issues; both in policy and tone, the country moved closer to the ideas of openly critical and hostile governments regarding international monitoring, protection and guarantee of rights. This implied change in strategic position appeared both within the European setting (where in general, “human rights” issues tend to be technical and not politicised) and in a global setting (where there is a greater political polarisation of these issues). Italian “sovereignism” (meant here as a principally rhetorical trend to disengage from long-standing international allies and to assertively and with authority declare national interests) finds its place in immigration policies. Government action and initiatives have developed around this topic, bringing to the forefront the role of international NGOs, managing public order and protecting the groups most at risk of discrimination and hate speech and the rights of private stakeholders to personal freedom – including migrants held in reception centres.
Some communications sent by the Special Procedures of the Human Rights Council tackled these problems in 2019. Similar concerns were expressed by the Committees on the Rights of the Child and on Enforced Disappearances, both of which evaluated Italy’s reports this year. Once again, we saw similar considerations in the in-depth evaluation reports of many monitoring bodies of the Council of Europe – European Committee of Social Rights, CPT, GREVIO, GRETA, ECRI, and GRECO, highlighting consistent problems in the Italian system for human rights protection. Even the Commissioner for Human Rights of the Council of Europe, in a letter to the Government and in other institutional reports, drew attention to some grave issues concerning Italy: the treatment of migrants and asylum seekers, the ongoing practices disregarding the rights of ←21 | 22→Roma communities, and even the insufficient efforts made in combatting intolerance and corruption in public life.
As anticipated in the Introduction of the Yearbook 2019, the tipping point of these complex dynamics came in November 2019 in the form of the discussion of Italy’s Universal Periodic Review (UPR). Italy’s UPR coincided with a significant political change in the structure of its Government, with the Democratic Party (Partito Democratico) replacing the League (Lega) to form a majority parliament with the 5 Star Movement (Movimento 5 Stelle) (whose coalition had been in government since the 2018 elections). As widely-discussed in this Yearbook, the interactive dialogue concerning Italy caused great interest at an international level, evident from the high number of State delegations discussing and sending recommendations to Italy. More detailed analysis on this issue can be found in the in-depth study, however, there seems to be a newfound harmony, in substance but also more importantly in the “form” of institutional communications, between the Italian Government and international human rights bodies, supported by international legal organisations and procedures. However, one problem remains unresolved for Italy: there is a lack of willingness to provide information in response to the international community’s questions, when there are objective difficulties and structural delays in implementing specific requests. These issues are not usually recognised for what they really are: systemic and structural problems, which may require a specialised intervention of international institutions in order to overcome them. Let us consider (among others) the issue of a national human rights institution: its creation has now been “imminent” for years. Or we could consider the criminalisation of torture, which only took place in 2019 thanks to an intervention by the Court of Cassation which clarified some potential lacunae in the text of the Italian Criminal Code adopted in 2017. Moreover, a similar discussion has just been opened on the crime of forced disappearances, which Italy considers to be fully covered by the crime of aggravated kidnapping, while the Committee on Enforced Disappearances (not without good reason) urges the State to recognise that the particular nature and gravity of the crime should foresee a separate law.
A comprehensive and transparent analysis of the data released by the UPR process and many other international human rights bodies should be sufficient to identify the long-standing points of vulnerability and imbalance of the State-system. It could piece together the main complaints ←22 | 23→formulated by bodies in which they can monitor, prevent and verify violations of human rights, starting from the numerous bodies working within the framework of the Council of Europe, and can tackle them systematically. This would disentangle them from any possible influence from the ever-changing, fleeting political whim. A reading of the Italian Agenda of Human Rights (which follows this Introduction) could also be of assistance; in it the Editorial Committee strives to unite diagnosis, prognosis and treatment.
In this recent phase of the relationship between Italy and human rights policy, what is still not clear is the direction in which to march. We need a “compass” to help us to overcome the prophetic and à la carte attitude so far seen; rather, we need clear lines, trustworthiness and commitment. Above all, since the fight for fundamental rights is critical for everyone, especially those most vulnerable, more precarious and least integrated of our society, life and essential goods must be absolutely guaranteed and not given or taken away on some unforeseeable whim or for some arbitrary reason. These issues include minimum welfare support, residence permits for migrants, access to essential services (such as housing or school) and the recognition of citizenship to young people born in Italy, or who have spent their school career in the country. All fundamental issues that individuals and families are fighting for, including immigrants, persons with disabilities, children and Roma communities, are the same that suffer from complicated and destabilising changes and shifts at all institutional levels. The fundamental rights of the most precarious people in society are precarious in their very nature.
These words were written as Italy, Europe and the entire world were being encompassed beset by a health emergency caused by the Covid-19 virus. Innumerable voices – which cannot be included in this 2019 edition of the Yearbook – have raised concerns on the dramatic impact that the global crisis is having on the world’s population, and therefore raising questions on State obligations on human rights. The right to health for billions of individuals is at risk, but the knock-on, snowballing consequences of this emergency hit the whole social and economic organisation of our communities. There are also clear, predictable political consequences to this issue. In light of the new, dramatic situation, States have been forced to prioritise different measures, to impose new obligations on citizens, to rethink the meaning of individual freedom, and even to reimagine its own role and that of international organisations – establishing a new balance between public institutions, civil society and the market. A new political ←23 | 24→paradigm could emerge; fast-tracked by the health crisis, but that has already shown to be necessary from tackling numerous other pandemic-like challenges. The long-term effects of these previous challenges have so far been covered up: for example, the environmental and energy crisis linked to human-caused climate change. It is important that our “human rights compass” is central to this new paradigm. After the Covid-19 pandemic, we will not be going back to the conditions that caused this crisis (as the dangerous “great again” catchphrase puts it), but rather we must try something unprecedented. And what if systematic human rights-based policies were to fit that “unprecedented” description?
Italian Agenda of Human Rights 2020
Like every year, the Research and Editing Committee of the Italian Yearbook of Human Rights at the University of Padova Human Rights Centre “Antonio Papisca”, offers the updated version of the Italian Agenda of Human Rights, built on the basis of analysing the recommendations received from Italy in the international sphere and of the most critical aspects identified in the various editions of the same yearbook
The Agenda should be used as a guiding tool for the main initiatives to be carried out in the country, on the legal, infrastructural and policy-writing levels, in order to strengthen the national system to promote and protect human rights and sharpen the country’s contribution to the international community’s commitment to human rights.
This version of the Agenda offers a vision of the country’s human rights situation across 2019. However, it is impossible not to mention the situation in which we find ourselves in 2020. These first months of 2020 have seen Italy and the world struck by the devastating global pandemic caused by COVID-19 which is distinguished by its extraordinary contagion rate.
The Research and Editing Committee must postpone all in-depth comments and analysis on this issue to the 2021 Agenda. That edition will have to tackle the almost permanent state of health emergency that has and (presumably) will define the social life of Italy and so many other States. The 2020 Agenda will therefore seem somewhat “lacking”.
The Research and Editing Committee has taken advantage of this moment of transition to review the points and sub-points collected over the past decade, respecting, however, the work that has been done in these years in presenting this tool. With respect to the 2019 Agenda, the Committee has not deleted any points or sub-points: some, however, have been amended in light of recent developments, which are discussed in depth in this edition of the Yearbook. One example is point 7, on the definition of the crime of torture within the Italian Criminal Code, on which the Court of Cassation clarified its interpretation in judg. 47079/2019 (see, Part IV, Human Rights in Italian Case-law, XIII, B).
←25 | 26→Some points and sub-points have been added. These concern the ratification of further international legal instruments, including the Treaty on the Prohibition of Nuclear Weapons, the ILO Violence and Harassment Convention, the “Kampala Amendments” to the Rome Statute of the International Criminal Court and the European Charter of Regional and Minority Languages (point 1). Regarding domestic legislation, Italy has been urged to approve a law against homotransphobia (on which there are already consolidated bills being discussed). In the “adoption of policies” section of the Agenda, other than updating the list of Nation Action Plans on human rights awaiting adoption, and updating those which have now expired or have no information on their implementation or impact (points 20, 21 and 22), the Research and Editing Committee has added one new point on the need to implement initiatives to combat hate speech (point 24). Within the “Initiatives in Specific Areas”, other points have been added to the Agenda 2020; this particularly concerns the rights of migrants, refugees and asylum seekers: point 34, on re-establishing flexible forms to recognise international protection which take into account the intersectionality of discrimination and other human rights violations that migrants may be exposed to. Overall, the 2020 Agenda presents 38 points and 34 sub-points.
Italian Agenda of Human Rights 2020
Normative level |
1) Ratify the following legal instruments at the United Nations and the Council of Europe: |
Details
- Pages
- 446
- Year
- 2021
- ISBN (PDF)
- 9782807617964
- ISBN (ePUB)
- 9782807617971
- ISBN (MOBI)
- 9782807617988
- ISBN (Softcover)
- 9782807617957
- DOI
- 10.3726/b17905
- Language
- English
- Publication date
- 2021 (June)
- Published
- Bruxelles, Berlin, Bern, New York, Oxford, Warszawa, Wien, 2021. 446 pp., 10 fig. b/w, 25 tables.
