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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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PART II. THE HUMAN RIGHTS INFRASTRUCTURE IN ITALY

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PART II THE HUMAN RIGHTS INFRASTRUCTURE IN ITALY 81 National Human Rights-related Bodies International human rights law requires States to set up structures adequately specialised in promoting and protecting fundamental rights. In this regard, a distinction shall be made between, on one hand, strictly governmental bodies and, on the other, independent structures directly emanating from civil society. The latter in particular, through channels different from those classically used by governmental powers, aim at participating in policy-making, promoting and developing a human rights culture as well as preventing violations. In this perspective, the “Paris Principles”, adopted by the UN Gen- eral Assembly with resolution 48/134 of 20 December 1993, provide a thorough list of requirements for “National Human Rights Institutions”, explicitly understood as independent institutions of civil society. A subsequent agreement underwritten by the United Nations, the Council of Europe, the OSCE and the European Union, decided that such institu- tion be established in the form of National Human Rights Commission and National Ombudsman. They must be set up by legislative act (pref- erably of a constitutional nature) and their members should, in principle, result from decisions adopted not by the executive power, but by par- liamentary organs. National human rights institutions’ members have consultative, informative and monitoring functions. As today, Italy has not yet established neither a National Human Rights Commission nor a National Ombudsman. However, since 2005 several bills have been proposed in this sense. For updated information, which will ap- pear in greater detail in the 2012 edition...

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