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Italian Yearbook of Human Rights 2015


Edited By Interdepartmental Centre on Human Rights

The Italian Yearbook of Human Rights 2015 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 2015 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 2014 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 2014: the Challenge of National/International Constitutional Synergism» is the focus of the introductory section of the Yearbook. The complex network of monitoring actions carried out by the supranational bodies, and the relative reporting requirements Italy must meet, can only be viewed in the context of reciprocal exchange and strengthening between the provisions enshrined in the national Constitution and international human rights law.
The Italian Agenda of Human Rights 2015 represents an updated orientation tool intended to support the commitment taken by the Italian Government in the framework of the second Universal Periodic Review (October 2014) before the UN Human Rights Council.
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Italy in the Case-law of the European Court of Human Rights


On 21 October 2014, the European Court of Human Rights (ECtHR) deliberated on the case Sharifi and Others v. Italy and Greece (No. 16643/09). The case concerned the return carried out by Italian border authorities of a group of migrants, 32 Afghans, two Sudanese nationals and one Eritrean, arrived in Italy in the ports of Bari, Ancona, Venice from Greece between 2008 and 2009. The applicants submitted, in particular, that they had entered Italy illegally from Greece and they had been immediately returned back to this Country, with the fear of subsequent deportation to their respective Countries of origin, where they faced the risk of death, torture or inhuman or degrading treatment (articles 2 and 3 ECHR). They complained, moreover, of having had no access to the domestic courts in order to assert their grievances (art. 13 ECHR) and had been ill-treated by both the Italian and Greek police, as well as by the crews of the ships on board of which they were brought to Greece (art. 3 ECHR). In respect of Italy, moreover, the applicants claimed to have been victims of indiscriminate collective expulsion (art. 4 Protocol IV ECHR) and that they had been deprived of the right to bring their case before the Strasbourg Court due to the impossibility to contact an interpreter and a lawyer (art. 34 ECHR).

Having decided to continue the examination of the application only with regards to four Afghans nationals, the ECtHR examined the applicants’ complaints against Italy. With respect...

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