Edited By Marco Mascia
The 2014 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 international and national case-law that casts light on Italy’s position vis-à-vis internationally recognised human rights.
«Italy and human rights in 2013: the challenges of social justice and the right to peace» is the focus of the introductory section of the Yearbook. With a view on the second Universal Periodic Review of Italy before the Human Rights Council, the Italian Agenda of Human Rights 2014, intended to be an orientation tool with regards to immediate and longterm measures that should be taken to ensure human rights for all in the Country, is integrated by an analysis of the status of implementation of the recommendations made to Italy during the first Universal Periodic Review (2010).
Italy in the Case-law of the European Court of Human Rights
In 2013 the European Court of Human Rights (ECtHR) delivered two pilot judgments concerning Italy. While the first, issued in the case Torreggiani and others, concerned the overcrowding of detention facilities, with the second, the ECtHR condemned Italy’s failure to pay the supplementary part of a compensation allowance due to persons accidentally contaminated as a result of blood transfusions or the administration of blood derivatives (case M.C. and others).
A pilot judgment procedure is adopted when the ECtHR receives several applications which derive from a common dysfunction at the national level. The Court then can select one or more applications for priority treatment and extend its conclusions to all similar cases. In a pilot judgment procedure, the Court can indicate the type of remedial measures which the Contracting Party concerned is required to take at the domestic level as well as a specific timeframe to be followed. Pending the adoption of the remedial measures required, the examination of all similar applications may be adjourned.
A. Prison Conditions, Torture, Expulsion
In its judgment in the case Torreggiani and others v. Italy (Nos. 4357/09, 46882/09, 55400/09, 57875/09, 61535/09, 35315/10, 37818/10), the II Section of the ECtHR unanimously condemned Italy for the violation of article 3 ECHR (prohibition of torture and inhuman or degrading treatment) in connection with the situation of prison overcrowding. Having identified the latter as a structural problem at the origin of hundreds of cases pending before the Strasbourg Court, the judges decided to...
You are not authenticated to view the full text of this chapter or article.
This site requires a subscription or purchase to access the full text of books or journals.
Do you have any questions? Contact us.Or login to access all content.