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Italian Yearbook of Human Rights 2011

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Edited By Centro interdipartimentale di ricera

The legal and political significance of human rights has increased enormously all over the world. The Italian Yearbook of Human Rights 2011 provides a dynamic picture of laws, institutions, policies and case law that have implemented international human rights norms in Italy over the past few years, particularly in 2010. The volume has four main sections, which concern respectively: Italy’s adaptation to international human rights law; the human rights infrastructure both at national and sub-national levels; Italy in dialogue with the international machinery; and national, European and international case law.
The Yearbook is the first volume in a series edited by the Centre for Human Rights and the Rights of Peoples of the University of Padua, in cooperation with the UNESCO Chair in Human Rights, Democracy and Peace at the same University. The Centre, founded in 1982 with the support of the Region of Veneto, carries out research and training programmes according to an interdisciplinary approach. It hosts the Jean Monnet Centre of Excellence on intercultural dialogue and human rights and edits the quarterly journal Pace diritti umani/Peace human rights. The Centre also works in cooperation with the European Commission, the Council of Europe, the United Nations High Commissioner for Human Rights and UNESCO, as well as with civic organizations, schools and local authorities.
The editors of the Italian Yearbook of Human Rights 2011 include Andrea Cofelice, Pietro De Perini, Paola Degani, Paolo De Stefani, Marco Mascia, Antonio Papisca (coordinator) and Claudia Pividori.

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Introduction

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1. “The Republic recognises and guarantees the inviolable rights of the person, both as an individual and in the social groups where human personality is expressed. The Republic expects that the fundamental duties of political, economic and social solidarity be fulfilled”. Art. 2 of the Constitution of the Italian Republic is in full accordance with the Universal Declaration of Human Rights, in particular with art. 1, which proclaims: “all human beings are born free and equal in dignity and rights. They are endowed with reason and conscience, and must act towards one another in a spirit of brotherhood”. The principles of a “new”, human-centric international law were en- shrined in the United Nations Charter and in the Universal Declaration of Human Rights, and have developed through numerous international instruments, starting – on a universal level – with the two International Covenants of 1966 regarding, respectively, civil and political rights, and economic, social and cultural rights; and – on a regional – European level – with the 1950 Convention on the Protection of Human Rights and Fundamental Freedoms. The Italian constitutional system is in perfect harmony with the main principles set forth in those legal sources. The principle of equality and the related principle of interdependence and indivisibility of all the human rights, according to which economic, social and cultural rights are just as fundamental as civil and political rights, finds substantial acknowledgement in art. 3 Const.: “all citizens have equal social dignity and are equal before the law, without distinction of sex, race, language, religion,...

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