Italian Yearbook of Human Rights 2015

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.

Table of Contents

List of Acronyms

Italy and Human Rights in 2014: the Challenge of National/International Constitutional Synergism

I. New Legislation and Infrastructure
II. Implementation of International Obligations and Commitments: Moving between Conforming and the “Counter-limits” Theory
III. Adoption and Implementation of Policies
IV. Structure of the 2015 Yearbook

Italian Agenda of Human Rights 2015

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

Italian Law

I. The Constitution of the Italian Republic
II. National Legislation
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
II. Prime Minister’s Office (Presidency)
III. Ministry of Foreign Affairs
IV. Ministry of Labour and Social Policies
V. Ministry of Justice
VI. Judicial Authorities
VII. Independent Authorities
VIII. Non-governmental Organisations
IX. 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 Section 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 for Detainees
VIII. Ombudsperson
IX. Regional Commission for Equal Opportunities between Men and Women
X. Regional Observatory on Social Policies
XI. Regional Observatory on Immigration

Part III. Italy in Dialogue with International Human Rights Institutions

 The United Nations System

I. General Assembly
II. Human Rights Council
III. High Commissioner for Human Rights (OHCHR)
IV. High Commissioner for Refugees (UNHCR)
V. Human Rights Treaty Bodies
VI. Specialised United Nations Agencies, Programmes and Funds
VII. International Organisations with Permanent Observer Status at the General Assembly

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

Organization for Security and Cooperation in Europe (OSCE)

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

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
II. Political Rights and Electoral System
III. Asylum and International Protection
IV. Discrimination
V. Rights of Persons with Disabilities
VI. Social Rights
VII. Laws Affecting Individual Rights with Retroactive Effect
VIII. Immigration
IX. Right to Privacy, Right to Property
X. Children’s Rights
XI. Due Process, Pinto Act, Ne Bis in Idem, Execution of ECtHR Judgments
XII. Torture, Prison Conditions, Prisoners’ Rights
XIII. Criminal Matters

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

I. Prison Conditions, Torture, Collective Expulsion
II. Fair Trial, Excessive Length of Proceedings
III. Freedom of Movement, Right to Life
IV. Property Rights, “Indirect Expropriations”
V. Right to Private and Family Life

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

Index
Table of Cases
Research and Editorial Committee