Italian Yearbook of Human Rights 2014 Human Right Studies 1st Edition by Marco Mascia 2875742175 9782875742179

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ISBN 10: 2875742175

ISBN 13: 9782875742179

Author: 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).

Italian Yearbook of Human Rights 2014 Human Right Studies 1st Table of contents:

Italy and Human Rights in 2013: the Challenges of Social Justice and the Right to Peace

I. Regulatory and Infrastructural Human Rights Situation

Ratification Process Completed, Underway and Neglected

Implementation of Social Rights Standards

Requested legislative Actions

Regional Legislation

Infrastructural Shortcomings: National Human Rights Institutions

II. Implementation of International Obligations and Commitments: Implementation of ECtHR Case-law

III. Adoption and Implementation of Policies

Prison Conditions: Overcrowding and Ill-treatment

Progress of the National Strategy for the Inclusion of Roma, Sinti and Traveller Communities

The Rights of Migrants, Refugees and Asylum-Seekers

IV. Structure of the 2014 Yearbook

UPR: Towards the Second Cycle of the Universal Periodic Review

Italian Agenda of Human Rights 2014

Part I Implementation of International Human Rights Law in Italy

International Human Rights Law

I. Legal Instruments of the United Nations

II. Legal Instruments on Disarmament and Non-proliferation

III. Legal Instruments of the Council of Europe

IV. European Union Law

A. Treaties

B. EU Law in 2013

Italian Law

I. The Constitution of the Italian Republic

II. National Legislation

a) General legislative Acts

b) Legislative Acts Dealing with Specific Issues

c) Legislative Acts Devoted to the Protection of Social Groups

III. Municipal, Provincial and Regional Statutes

IV. Regional Laws

Part II The Human Rights Infrastructure in Italy

National Bodies with Jurisdiction over Human Rights

I. Parliamentary Bodies

A. Senate of the Republic: Special Commission for the Protection and Promotion of Human Rights

B. Chamber of Deputies: Permanent Committee on Human Rights

C. Bicameral Bodies: Parliamentary Commission for Children and Adolescents

D. Parliamentary Initiatives Concerning Human Rights

II. Prime Minister’s Office (Presidency)

A. Department for Equal Opportunities: UNAR and Observatory for the Fight against Paedophilia and Ch

B. Commission for International Adoptions

C. National Committee on Bioethics

III. Ministry of Foreign Affairs

A. Inter-Ministerial Committee for Human Rights (CIDU)

B. Italian National Commission for UNESCO

IV. Ministry of Labour and Social Policies

A. National Observatory for Children and Adolescents

B. National Observatory Monitoring the Condition of Persons with Disabilities

V. Ministry of Justice

VI. Judicial Authorities

VII. National Economy and Labour Council (CNEL)

VIII. Independent Authorities

A. Communications Regulatory Authority (AGCOM)

B. Data Protection Authority

C. Commission Guaranteeing the Implementation of the Law on Strikes Affecting Essential Public Servi

D. National Ombudsperson for Children and Adolescents

IX. Non-governmental Organisations

X. Human Rights Teaching and Research in Italian Universities

Sub-national Human Rights Structures

I. Peace Human Rights Offices in Municipalities, Provinces and Regions

II. Ombudspersons in the Italian Regions and Provinces

III. National Coordinating Body of Ombudspersons

IV. Network of Ombudspersons for Children and Adolescents

V. National Coordinating Network of Ombudspersons for the Rights of Detainees

VI. National Coordinating Body of Local Authorities for Peace and Human Rights

VII. Archives and Other Regional Projects for the Promotion of a Culture of Peace and Human Rights

Region of Veneto

I. Regional Department for International Relations

II. Committee for Human Rights and the Culture of Peace

III. Committee for Development Cooperation

IV. Regional Archive “Pace Diritti Umani – Peace Human Rights”

V. Venice for Peace Research Foundation

VI. Ombudsperson for Children and Adolescents

VII. Ombudsperson

VIII. Regional Commission for Equal Opportunities between Men and Women

IX. Regional Observatory on Social Policies

X. Regional Observatory on Immigration

Part III Italy in Dialogue with International Human Rights Institutions

The United Nations System

I. General Assembly

A. Resolutions on Human Rights: Italy’s Voting Behaviour

II. Human Rights Council

A. Italy’s Voting Behaviour at the Human Rights Council in 2013

B. Universal Periodic Review

C. Special Procedures

III. High Commissioner for Human Rights (OHCHR)

IV. High Commissioner for Refugees (UNHCR)

V. Human Rights Treaty Bodies

A. Committee on Economic, Social and Cultural Rights

B. Human Rights Committee (civil and political rights)

C. Committee against Torture

D. Committee on the Elimination of Racial Discrimination

E. Committee on the Elimination of Discrimination against Women

F. Committee on the Rights of the Child

G. Committee on the Rights of Persons with Disabilities

H. Committee on Migrant Workers

I. Committee on Enforced Disappearances

VI. Specialised United Nations Agencies, Programmes and Funds

A. International Labour Organisation (ILO)

B. United Nations Educational, Scientific and Cultural Organisation (UNESCO)

C. The Food and Agriculture Organisation of the United Nations (FAO)

D. The World Health Organisation (WHO)

E. The United Nations Development Programme (UNDP)

F. The United Nations Environment Programme (UNEP)

G. The United Nations Human Settlements Programme (UN-HABITAT)

H. The United Nations Children’s Fund (UNICEF)

VII. International Organisations with Permanent Observer Status at the General Assembly

A. The International Organisation for Migration (IOM)

Council of Europe

I. Parliamentary Assembly

II. Committee of Ministers

III. European Court of Human Rights

IV. Committee for the Prevention of Torture

V. European Committee of Social Rights

VI. Commissioner for Human Rights

VII. European Commission against Racism and Intolerance

VIII. Advisory Committee on the Framework Convention for the Protection of National Minorities

IX. European Commission for Democracy through Law

X. Group of Experts on Action against Trafficking in Human Beings

XI. Group of States against Corruption

European Union

I. European Parliament

II. European Commission

III. Council of the European Union

IV. Court of Justice of the European Union

V. European External Action Service

VI. Special Representative for Human Rights

VII. Fundamental Rights Agency

VIII. European Ombudsman

IX. European Data Protection Supervisor

Organisation for Security and Cooperation in Europe

I. Office for Democratic Institutions and Human Rights (ODIHR)

II. High Commissioner on National Minorities

III. OSCE Representative on Freedom of the Media

IV. Special Representative and Co-ordinator for Combating Trafficking in Human Beings

International Humanitarian and Criminal Law

I. Adapting to International Humanitarian and Criminal Law

II. The Italian Contribution to Peace-keeping and Other International Missions

Part IV National and International Case-law

Human Rights in Italian Case-law

I. Dignity of the Person and Principles of Biolaw

A. Gender Reassignment and Termination of the Marriage

B. Informed Consent

C. Infringement of Human Rights, Including the Right to Life, and the Right to an Effective Remedy

D. Adoption and the Right to Know One’s Origins

II Asylum and International Protection

A. Recognition of International Protection

B. Statelessness

III. Discrimination

A. Equal Opportunities in Access to Public Offices

B. Discrimination Towards the Roma

IV. Rights of Persons with Disabilities

A. Attendance Allowances and Immigrants

B. Discrimination in Schools

C. Special Leave for Family Members of Persons with Severe Disabilities

D. Right to Assistance and Support Teacher

E. Specific Learning Disorders

V. Social Rights

A. Right to Health and Right to Work

B. Corporate Social Responsibility

C. House Assigned, After Separation, to one of the Spouses Free of Charge

VI. Laws Affecting Individual Rights with Retroactive Effect

VII. Immigration

A. Crime of Illegal Immigration

B. Expulsions, Refoulement

C. Duration of Detention in Centres for Identification and Expulsion, and Damages for Unlawful Deten

D. Social Rights of Immigrants

VIII. Right to Privacy, Right to Property

A. Right to Privacy and the So-called “Redditometro”

B. Right to property, “Indirect Expropriation”, Fair Compensation

IX. Children’s Rights

A. Ex Officio Initiation of Child Neglect Proceedings

B. Privacy and Minors

C. Adoptability and Adoption in Special Cases

D. Unaccompanied Foreign Children

X. Fair Trial and Pinto Law

A. Excessive Length of Proceedings

B. Incompatibility Between a Civil Servant’s Functions and the Exercise of a Legal Profession

XI. Torture, Prison Conditions, Rights of Detainees

XII. Criminal Matters

A. Piracy and Extraterritorial Jurisdiction

B. Extradition and the Risk of Ill-treatment

C. Life Sentence and the Scoppola Case-law: Duty to Comply with the Judgments of the ECtHR

D. Preventive Custody and Mafia-related Crimes

E. Crime of Racist Propaganda, Negationism

F. Racist Expressions and Sport Events

G. Parliamentary Immunity and Defamatory Opinions

H. Criminal Procedure Issues: Rights of Defence and art. 41- bis of the Prison Regulations, Publicit

Italy in the Case-law of the European Court of Human Rights

I. Pilot Judgments and Related Cases

A. Prison Conditions, Torture, Expulsion

B. Fair Trial, Excessive Length of Proceedings

II. Other cases Decided by the Chambers and Committees of the Court

A. Nulla Poena Sine Lege, Right to Liberty

B. Property Rights, “Indirect Expropriations”, Fair Compensation

C. Freedom of Expression, Free Elections

D. Right to Private and Family Life, Right to Education

Italy in the Case-law of the Court of Justice of the European Union

A. Persons with Disabilities and Equal Treatment in Employment

B. Application of the “Return Directive”

C. Fixed-term Work, Non-discrimination, Compensation

Legal Approach to the Chairperson-Rapporteur’s Draft Declaration in Light of the Current Debate on

1. Introduction

2. Debate

2.1. Commission on Human Rights

2.2. Human Rights Council

2.3. Consultations

3. Analysis

3.1. Preamble

3.1.1. Charter of the United Nations

3.1.2. Notion of universal peace

3.1.3. Universal Declaration of Human Rights and International Covenants

3.1.4. Principles of international law

3.1.5. Human dignity as foundation of freedom, justice and peace

3.1.6. Disregard of human rights and breach of peace

3.1.7. Social and international order

3.1.8. All human rights are universal, indivisible, interrelated, interdependent and mutually reinfo

3.1.9. Pillars of the United Nations system

3.1.10. Poverty, development and peace

3.1.11. Women and peace

3.1.12. The role of human rights in the prevention of armed conflicts

3.1.13. The role of Human Rights Council in the prevention of human rights violations

3.1.14. The linkage between education and peace

3.1.15. Education and training on human rights

3.1.16. The relationship between culture of peace and human rights

3.1.17. Elimination of war and armed violence

3.2. Operative Part

3.2.1. Right to live in peace, human rights and developmen

3.2.2. Principles of international law derived from the notion of human dignity

3.2.2.1. Intrinsic values

3.2.2.2. Autonomy

3.2.2.3. Community values

3.2.3. Positive measures

3.2.4. Principle of pro-homine

4. Conclusions

Annex I

Index

Italian Case-law

Constitutional Court

Court of Cassation, Civil Division

Court of Cassation, Criminal Division

Supreme Administrative Council (Consiglio di Stato)

Regional Administrative Tribunals (TAR)

Ordinary Tribunals

European Court of Human Rights

Court of Justice of the European Union

European Committee of Social Rights

Research and Editorial Committee

Peter Lang – Italian Yearbook of Human Rights Series

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