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Convention on Human Rights

Since the Second World War, international law has seen a remarkable development of human rights legislation. Italy has not failed to participate in this phenomenon, contributing to the drafting and becoming part of numerous international treaties. 

Italy’s international human rights obligations include universal conventions adopted by the United Nations and regional treaties of the Council of Europe. In addition to the instruments specifically devoted to human rights, it is also worth mentioning the treaties on the protection of refugees, humanitarian law (branch of international law that regulates the armed conflict), disarmament and nuclear non-proliferation. 

These international standards, together with those of the treaties establishing the European Union and the secondary law of the Union, have precedence over national laws: art. 117 (1) of the Constitution establishes that "legislative power is exercised by the State and the Regions in compliance with the Constitution, as well as the constraints arising from the Community order and international obligations". The possible incompatibility between the provisions of international treaties ratified by Italy and internal legislation is established by the Constitutional Court. 

All the State’s rules must be interpreted in a way compatible with Italy’s international obligations, including those assumed in the field of human rights.

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