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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 IV NATIONAL AND INTERNATIONAL CASE-LAW 297 Human Rights in Italian Case-law During 2012, the Italian courts, including the Constitutional Court, have further increased the frequency of their references to international human rights legal instruments, in particular the European Convention of Human Rights (ECHR). The latter’s provisions are nowadays con- sistently referred to as a parameter of constitutionality of Italian laws. The rule is stated in article 117(1) of the Italian Constitution (“Legisla- tive power shall be vested in the State and the Regions in compliance with the Constitution and the constraints derived from EU legislation and international obligations”), and it is now an established fact accept- ed at every level of the court system. This review of the Italian case-law, which, as in the previous edition of this Yearbook, does not claim to be exhaustive, judgments are presented on a wide range of issues relevant to human rights. In many instances, the Italian case-law has evolved in close connection with the relevant judgments of the European Court of Human Rights (ECtHR), so as to suggest a potential multi-level blend- ing between the international and the domestic courts. Between the national and the international or EU judicial instances there is an intense interaction, with occasionally some frictions (see, for example, the judgments that apply certain laws that affect retroactively social rights: see below, VI, B). The dialogue between international and domestic courts has also invested issues of bioethics or biolaw. In this field, Italian judgments applying law 40/2004 (see...

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