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Italian Yearbook of Human Rights 2014

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Edited By Marco Mascia

The Italian Yearbook of Human Rights 2014, the fourth 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 the international level.
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).
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Italy in the Case-law of the Court of Justice of the European Union

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A. Persons with Disabilities and Equal Treatment in Employment

In its judgment C-312/11, 4 July 2013, the Court of Justice of the European Union (ECJ) declared that, by not introducing a requirement for all employers to make reasonable adjustments, where needed in a particular case, for all persons with disabilities, Italy had failed to fulfil its obligation to ensure the correct and full implementation of directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation.

The Court’s ruling stemmed from an infringement procedure brought in 2006 by the European Commission against Italy and culminated in 2011 with the referral of Italy to the ECJ for its failure to fulfil its obligation to implement, fully and correctly, article 5 of directive 2000/78/EC which places Member States under an obligation of general application to make reasonable accommodation to enable persons with a disability to have access to, to participate in, or to advance in employment, or to undergo training.

Indeed, according to the European Commission (EC), contrary to EU law, the Italian provisions on employment of people with disabilities do not concern all disabled persons; they are not enforceable against all employers and they do not concern all the various aspects of the employment relationship. Furthermore, the EC pleaded that the Italian system of promotion of employment of disabled people was essentially based on a set of incentives and grants in aid and not, as required by EU law,...

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