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The official logo for UN constituted by the polar stereographic projection of the globe surrounded by two laurel branches
© UN Photo/Mark Garten

Italy has ratified the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights

On 3 October 2014, Italy adopted the ratification law of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights with Law No. 152.

The Protocol, which was adopted on 10 December 2008 in New York, provides the Committee competence to receive and consider communications from individuals and groups of individuals, under the Italian jurisdiction, claiming that their economic, social and cultural rights under the Covenant have been violated.

Communications may be submitted to the Committee on Economic, Social and Cultural Rights (CESCR) only one year after the exhaustion of domestic remedies, except in cases where the author can demonstrate that it had not been possible to submit the communication within that time limit. The Committee shall declare a communication inadmissible when the facts are the subject of the communication occurred prior to the entry into force of the Protocol, unless those facts continued after that date.

The Committee may, if necessary, decline to consider a communication where it does not reveal that the author has suffered a clear disadvantage, unless the Committee considers that the communication raises a serious issue of general importance. The procedure, which may end with a friendly settlement, concludes with the observations of the Committee, which are contained in some recommendations, transmitted to the State Party. The State Party concerned shall, within six months of receiving the findings, comments the recommendations transmitted by the Committee and then submit its observations to the Committee. The Committee may, if necessary, after the end of the period of six months, invite the State Party concerned to inform it of the measures taken in response to such an inquiry.

The Protocol, which is open for signature and for ratification by any State that has signed, ratified or acceded to the Covenant, entered into force on 5 May 2013. To date, 16 States have ratified the Protocol.