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Italian Yearbook of Human Rights 2016

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Edited By Centro di Ateneo per i Diritti Umani

The Italian Yearbook of Human Rights 2016 provides a dynamic and 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.

The 2016 Yearbook surveys the activities of the relevant national and local Italian actors, including governmental bodies, civil society organisations and universities. It also presents reports and recommendations that have been addressed to Italy in 2015 by international monitoring bodies within the framework of the United Nations, 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 2015: Universal Ethics, Good Governance and Political Realism" is the focus of the introductory section of the Yearbook. Starting with the 1948 Universal Declaration of Human Rights, international human rights law plunged onto the world stage with very specific principles and rules, which represent so many points that are essential not only for the legality but also for the sustainability of the political agenda. The universal code of human rights, widely ratified by Italy, presses for a continuous commitment to perfecting the legal order, which has immediate significance for the good governance agenda.

The Italian Agenda of Human Rights 2016 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.

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Italy and Human Rights in 2015: Universal Ethics, Good Governance and Political Realism

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Respect the dignity and the rights of children whose mothers are in prison: this is the imperative of universal ethics for a civilised legal system and good governance, expressed in law No. 62 of 2011, which reads “para. 4 of article 275 of the criminal procedure code is replaced by the following: 4. Where the accused is pregnant or the mother of offspring under seven years old living with her, or a father, if the mother is deceased or absolutely unable to look after her offspring, this person may not be remanded in custody or continue to be remanded in custody unless there are exceptionally strong reasons requiring detention. (…)”. The law also specifies “The following is to be added after article 285 of the criminal procedure code: art. 285-bis (Remand in custody in open prisons with mother and baby units). – 1. In cases contemplated under article 275, para. 4, if the person to be remanded in custody is pregnant or a mother with offspring under seven years old living with her, or a father, if the mother is deceased or absolutely unable to look after her offspring, the judge can order remand in an open prison, provided the exceptionally strong reasons requiring detention will allow it”. Para. 1 of article 284 in its turn establishes that, where they already exist, “case famiglia protette” (mother and baby group accommodation outside prisons) can be used, constituting another alternative to the aforementioned open prisons.

Apart from the emotional message...

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