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Italian Yearbook of Human Rights 2013


Edited By Interdepartmental Centre on

The Italian Yearbook of Human Rights 2013, the third in the series, 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 an international level.
The 2013 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 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 examples from international and national case-law which cast light on Italy’s position vis-à-vis internationally recognised human rights.
The introductory section of the Yearbook, entitled «Italy and human rights in 2012: a suffering year for economic, social and cultural rights», reminds States of their duty to equally protect all human rights – civil, political, economic, social and cultural – stressing the fact that the right to work is a fundamental human right and not a mere philosophical principle.
With a view on the second UPR of Italy before the Human Rights Council, that will take place in 2014, the Italian Agenda of Human Rights focuses on immediate and long-term measures that should be taken to ensure human rights for all in the Country.
The Yearbook is edited by the University Human Rights Centre of the University of Padua, 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. It hosts the Jean Monnet Centre of Excellence on intercultural dialogue, human rights and multi-level governance.


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PART I IMPLEMENTATION OF INTERNATIONAL HUMAN RIGHTS LAW IN ITALY 41 International Human Rights Law The first Part of the Yearbook is divided into two chapters. The first is devoted to the review of the major international human rights instru- ments that Italy has ratified, as well as to the identification of both those international instruments signed but not ratified by the Country and those that have not been subjected to any initiative of acceptance yet. The framework of Italy’s international obligations takes into considera- tion the universal conventions adopted within the system of the United Nations, the conventions of the Council of Europe as well as the Euro- pean Union treaties and secondary law. Accordingly, the information provided are preliminary to the presentation of the national normative apparatus – the Constitution, national and regional laws – which is the subject of the following chapter. There are 132 international legal instruments in force dedicated to protecting and promoting human rights, according to the listing annually edited by UNESCO (Major Human Rights Instruments). Among them, 60 are universal in scope and 72 are regional, whereof 39 have been adopted by the Council of Europe (CoE), 11 by the African Union (AU) and 22 by the Organisation of American States (OAS). This legal framework is enriched by several other instruments of soft law, which help orienting States’ policies, often with a high degree of effectiveness. In addition to the conventions indicated by UNESCO, the Yearbook lists other legal instruments that have particular relevance for...

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