Italian Yearbook of Human Rights 2017

Table Of Contents

• Cover
• Title
• Copyright
• About the book
• This eBook can be cited
• Table of Contents
• List of Acronyms
• Italy and Human Rights in 2016: the “Long March” towards Establishing Independent National Human Rights Institutions and the Ambiguous Addition of the Crime of Torture to the Italian Criminal Code
• Italian Agenda of Human Rights 2017
• Structure of the 2017 Yearbook
• Part I. Implementation of International Human Rights Law in Italy
• International Human Rights Law
• I. Legal Instruments of the United Nations
• II. Legal Instruments on Disarmament and Non-proliferation
• III. Legal Instruments of the Council of Europe
• IV. European Union Law
• Italian Law
• I. The Constitution of the Italian Republic
• II. National Legislation
• 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
• II. Prime Minister’s Office (Presidency)
• III. Ministry of Foreign Affairs and International Cooperation
• IV. Ministry of Labour and Social Policies
• V. Ministry of Justice
• VI. Judicial Authorities
• VII. Independent Authorities
• VIII. Non-Governmental Organisations
• IX. Human Rights Teaching and Research 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. National Coordinating Body of Local Authorities for Peace and Human Rights
• VI. 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. Committee for Human Rights and the Culture of Peace
• III. Committee for Development Cooperation
• IV. Regional Archive “Pace Diritti Umani – Peace Human Rights”
• V. Venice for Peace Research Foundation
• VI. Human Rights Authority
• VII. Regional Commission for Equal Opportunities between Men and Women
• VIII. Regional Observatory on Immigration
• Part III. Italy in Dialogue with International Human Rights Institutions
• The United Nations System
• I. General Assembly
• II. Human Rights Council
• III. High Commissioner for Human Rights (OHCHR)
• IV. High Commissioner for Refugees (UNHCR)
• V. Human Rights Treaty Bodies
• VI. Specialised United Nations Agencies, Programmes and Funds
• VII. International Organisations with Permanent Observer Status at the General Assembly
• 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
• 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. Adapting to International Humanitarian and Criminal Law
• II. The Italian Contribution to “Peacekeeping” 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
• II. Human Dignity: Principles of Biolaw; Immunity of Foreign States and Crimes against Humanity
• III. Associative and Political Rights; Freedom of the Press
• IV. Asylum and International Protection
• V. Discrimination – General Issues
• VI. Rights of Persons with Disabilities
• VII. Social Rights
• VIII. Immigration
• IX. Right to a Private and Family Life, Right to Property
• X. Children’s Rights
• XI. Due Process: Pinto Act
• XII. Criminal Matters
• Italy in the Case-law of the European Court of Human Rights
• I. Torture, Right to Liberty, Right to Life
• II. Fair Trial
• III. Private and Family Life, Freedom of Expression
• Italy in the Case-law of the Court of Justice of the European Union
• I. The Principle of Retroactivity in Most Favourable Criminal Law
• II. Equal Pay for Men and Women
• Index
• Table of Cases
• Research and Editorial Committee
• Peter Lang – Italian Yearbook of Human Rights Series

Italian Yearbook
of Human Rights 2017

Italian Yearbook of Human Rights

First Italian edition: Annuario italiano dei diritti umani 2017, Padova, Padova University Press, 2017.

No part of this book may be reproduced in any form, by print, photocopy, microfilm or any other means, without prior written permission from the publisher. All rights reserved.

© P.I.E. Peter Lang s.a.

éditions scientifiques internationales

Brussels, 2017

1 avenue Maurice, B-1050 Bruxelles, Belgique

brussels@peterlang.com; www.peterlang.com

ISSN 2294–8848

ISBN 978-2-8076-0540-4

ePDF 978-2-8076-0541-1

ePub 978-2-8076-0542-8

Mobi 978-2-8076-0543-5

DOI 10.3726/b12015

D/2017/5678/74

Bibliographic information published by “Die Deutsche Nationalbibliothek”

“Die Deutsche Nationalbibliothek” lists this publication in the “Deutsche Nationalbibliografie”; detailed bibliographic data is available in the Internet at http://dnb.d-nb.de.

About the book

The Italian Yearbook of Human Rights 2017 offers an up-to-date overview of the measures Italy has taken to adapt its legislation and policies to international human rights law and to comply with commitments voluntarily assumed by the Italian Government at the international level on the subject of fundamental rights. The 2017 Yearbook surveys the most significant activities of national and local Italian actors at domestic and international level, including civil society organisations and universities. It also dedicates space to recommendations made by international monitoring bodies within the framework of the United Nations, OSCE, the Council of Europe, and the European Union. Finally, the Yearbook provides a selection of international and national case-law that casts light on Italy’s position vis-à-vis internationally recognised human rights.

“Italy and Human Rights in 2016: the ‘Long March’ towards Establishing Independent National Human Rights Institutions and the Ambiguous Addition of the Crime of Torture to the Italian Criminal Code” is the title of the 2017 Yearbook introduction.

The Italian Agenda of Human Rights 2017 represents an updated orientation tool with regards the main initiatives to be undertaken on the legislative, infrastructural and policy-making fronts in order to strengthen the Italian system for promoting and protecting human rights.

The Yearbook is edited by the University of Padova Human Rights Centre, in cooperation with the UNESCO Chair in Human Rights, Democracy and Peace of the same University. The Centre, established in 1982 with the support of the Region of Veneto, carries out research and education following a global and interdisciplinary approach.

This eBook can be cited

This edition of the eBook can be cited. To enable this we have marked the start and end of a page. In cases where a word straddles a page break, the marker is placed inside the word at exactly the same position as in the physical book. This means that occasionally a word might be bifurcated by this marker.

Table of Contents

List of Acronyms

Italy and Human Rights in 2016: the “Long March” towards Establishing Independent National Human Rights Institutions and the Ambiguous Addition of the Crime of Torture to the Italian Criminal Code

Italian Agenda of Human Rights 2017

Structure of the 2017 Yearbook

Part I. Implementation of International Human Rights Law in Italy

International Human Rights Law

I. Legal Instruments of the United Nations

II. Legal Instruments on Disarmament and Non-proliferation

III. Legal Instruments of the Council of Europe

IV. European Union Law

Italian Law

I. The Constitution of the Italian Republic

II. National Legislation

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

II. Prime Minister’s Office (Presidency)

III. Ministry of Foreign Affairs and International Cooperation

IV. Ministry of Labour and Social Policies

V. Ministry of Justice

VI. Judicial Authorities

VII. Independent Authorities

VIII. Non-Governmental Organisations←9 | 10→

IX. Human Rights Teaching and Research 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. National Coordinating Body of Local Authorities for Peace and Human Rights

VI. 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. Committee for Human Rights and the Culture of Peace

III. Committee for Development Cooperation

IV. Regional Archive “Pace Diritti Umani  – Peace Human Rights”

V. Venice for Peace Research Foundation

VI. Human Rights Authority

VII. Regional Commission for Equal Opportunities between Men and Women

VIII. Regional Observatory on Immigration

Part III. Italy in Dialogue with International Human Rights Institutions

The United Nations System

I. General Assembly

II. Human Rights Council

III. High Commissioner for Human Rights (OHCHR)

IV. High Commissioner for Refugees (UNHCR)

V. Human Rights Treaty Bodies

VI. Specialised United Nations Agencies, Programmes and Funds

VII. International Organisations with Permanent Observer Status at the General Assembly

Council of Europe

I. Parliamentary Assembly

II. Committee of Ministers←10 | 11→

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

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