Governmental Structures in Italy

1. The Department for Equal Opportunities, UNAR, and Other Bodies of the Presidency of the Council

Within the Presidency of the Council of Ministers (whose organization is governed by the Prime Ministerial Decree of October 1, 2012), several departments and offices (known as "general structures") are established, which the President uses for guidance and coordination functions related to specific political-institutional areas. Of particular relevance to human rights issues is the Department for Equal Opportunities. The Department, generally placed under the authority of a Minister, is responsible for designing and coordinating legislative, administrative, and study initiatives in all matters relating to equal opportunity policies. It was established by Prime Ministerial Decree No. 405 of October 28, 1997, subsequently modified by numerous decrees (most recently by the Ministerial Decree of April 8, 2019), and is divided into three offices: Office for Equal Opportunity Policies; Office for International Affairs and General Affairs; Office for the Promotion of Equal Treatment and Removal of Discrimination Based on Race and Ethnic Origin (UNAR).

The National Office Against Racial Discrimination (UNAR) was established by Legislative Decree No. 215 of July 9, 2003, implementing EU Directive 2000/43 EC, to ensure the effectiveness of the principle of equal treatment between persons, to monitor the operation of existing protection instruments against discrimination, and to contribute to removing discrimination based on race and ethnic origin, analyzing their different impact on gender and their relationship with other forms of cultural and religious racism. Through an annual directive, the competent Minister can assign UNAR other responsibilities, particularly in recent years it has been tasked with working on equal treatment for LGBTI people and against discrimination based on sexual orientation and gender identity. In this context, a "Permanent Consultation Table for the Promotion of Rights and Protection of LGBTI People" has been established, composed of numerous sector associations. This is an operational tool for dialogue and comparison between institutions and sector associations engaged in promoting the rights of LGBTI people and in activities to combat discrimination based on sexual orientation and gender identity, aimed at developing proposals and actions to combat discrimination and promote a climate of respect for the dignity of LGBTI people and the culture of differences.

The following collegial bodies also fall under the Department for Equal Opportunities:

  • Interministerial Commission for Support to Victims of Trafficking, Violence, and Severe Exploitation (as per Presidential Decree No. 102 of May 14, 2007);
  • Commission for the Prevention and Fight Against Female Genital Mutilation Practices;
  • Evaluation Commission for Legitimation to Act for the Protection of People with Disabilities;
  • Commission for Equal Opportunities between Men and Women;
    Observatory for Combating Pedophilia and Child Pornography.

Within the Presidency, there are also some Committees and Commissions with specific tasks in matters of economic and social interest. Among these are the Commission for International Adoptions and the National Bioethics Committee.

  1. Article 6 of the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, adopted on May 29, 1993, and entered into force on May 1, 1995, requires States Parties to establish a central authority to ensure that adoptions of foreign children take place in accordance with the principles established by the Convention itself. Italy, with the ratification law of December 31, 1998, No. 476, established the Commission for Intercountry Adoptions, operating at the Presidency of the Council of Ministers, as the Italian Central Authority for the application of the Convention. The Commission is composed of a President, a Vice President, three representatives of the Presidency of the Council; two representatives of the Ministry of Justice; one representative for each of the following Ministries: Ministry of Foreign Affairs, Education, Labor, Interior; Health and Economy. It also includes four representatives of the State-Regions Unified Conference; three representatives of family associations; and a certain number of experts.
    2. The Italian Committee for Bioethics was established by decree of the President of the Council of Ministers on March 28, 1990, to provide advice to the Government, Parliament, and other institutions. It also performs information functions towards public opinion on ethical problems emerging with the progress of research and technological applications in the field of life sciences and health care. It consists of a president, vice-presidents, and an assembly. Among the Committee's tasks is to develop studies and indicate solutions, including for the preparation of legislative acts. The Committee's documents offer an in-depth thematic analysis and reflection on ethical and legal problems that emerge with the progress of knowledge in the field of life sciences. Based on their nature and purpose, the Committee's documents are indicated as: opinions (approved in the Assembly based on the in-depth study carried out by working groups); motions (documents of an urgent nature, approved by a two-thirds majority of those present at the Assembly); responses (documents with which the Committee gives indications on issues for which its opinion has been requested by other entities or individuals).

2. The Ministry of Foreign Affairs and CIDU

Within the Ministry of Foreign Affairs and International Cooperation, several directorates-general and offices deal specifically with human rights, disarmament, and cooperation.

In particular, Office II "Promotion of Human Rights and International Humanitarian Law, Council of Europe" within the Directorate General for Political Affairs and Security is noteworthy. Within the same Directorate, Office I "United Nations System and Reform Process of its Bodies, Peacekeeping Operations and Preventive Diplomacy"; Office V "Disarmament and Arms Control, Nuclear, Bacteriological and Chemical Non-Proliferation, Office of the National Authority for the Prohibition of Chemical Weapons"; Office VI "Organization for Security and Cooperation in Europe" operate. The theme of human rights is logically transversal also to the Directorate General for Globalization and Global Issues (Office IV "Energy Policies, Environmental Protection and Sustainable Development of the Planet"), to the Directorate General for the European Union (Office III "European Area of Freedom, Justice and Security, Free Movement of Persons and Migration Flows to the European Union"), and to the Directorate General for Development Cooperation (Office I "Development Cooperation Policies within the European Union"; Office II "Multilateral Development Cooperation"; Office VI "Humanitarian and Emergency Interventions"; Office VIII "Programming and Monitoring of the Cooperation Budget, Gender Issues, Rights of Children and Disabilities").

The most significant structure operating within the Ministry of Foreign Affairs in the field of human rights is the Interministerial Committee for Human Rights (CIDU). CIDU was established by decree of the Minister of Foreign Affairs on February 15, 1978, No. 519; its composition was updated by Prime Ministerial Decree on May 11, 2007. Between 2012 and 2013, CIDU was involved in a restructuring process: initially suppressed under the spending review, it was reconstituted on September 5, 2013, preserving its functional competencies, as it was deemed an indispensable body in the strategic direction and guidance on the promotion and protection of human rights and the proper fulfillment of obligations assumed by Italy following the signing and ratification of conventions and international pacts in this area.

CIDU is chaired by a diplomatic career official appointed by the Minister of Foreign Affairs. CIDU includes representatives of the Presidency of the Council of Ministers, various Ministries, and numerous institutions (including CNEL, the National Association of Italian Municipalities (ANCI), the Conference of Presidents of Italian Regions and Autonomous Provinces, the Union of Italian Provinces (UPI), the Italian National Commission for UNESCO, the UNICEF Italy Committee, the Italian Society for International Organization (SIOI)), as well as three eminent personalities in the field of human rights.

CIDU has the task of carrying out a systematic examination of legislative, regulatory, and administrative measures adopted in the internal legal system to:

  • implement the commitments undertaken by Italy by virtue of international human rights conventions;
  • promote the adoption of measures that are necessary or appropriate to ensure full compliance with international obligations already assumed or that will be assumed by Italy following the ratification of conventions signed by it;
  • follow the implementation of international conventions and their concrete observance on national territory;
  • take care of the preparation of periodic reports that the Italian Government is required to submit to the competent international organizations, including reports to be presented in the context of the Universal Periodic Review of the United Nations Human Rights Council, as well as other reports, information, requested from the Government by the organizations in question;
  • annually prepare the report to the Italian Parliament, which, on the one hand, illustrates the activity carried out by the Committee, on the other, providing a picture of the protection and respect of human rights in Italy;
  • collaborate in activities aimed at organizing and following up in Italy on international initiatives relating to human rights, such as conferences, symposia, and celebrations of international anniversaries;
  • maintain and implement appropriate relationships with civil society organizations active in the sector of promotion and protection of human rights.

CIDU carries out an institutional and continuous activity as a focal point in Italy for the monitoring bodies of international organizations of the United Nations, the Council of Europe, and the European Union.

The Italian National Commission for UNESCO operates at the Ministry of Foreign Affairs, established by interministerial decree on February 11, 1950, two years after Italy's entry into UNESCO (its establishment is, in fact, provided for by Article 7 of the Organization's constitution). The National Commission includes representatives of Parliament, the Presidency of the Council of Ministers, various Ministries and public and private entities, local and regional authorities, and civil society. The Commission aims to promote the implementation of UNESCO programs in Italy, disseminate, especially among young people, the ideals of the Organization and disseminate information on its principles, objectives, and activities, thus stimulating the action of institutions, civil society, and the cultural, educational, and scientific world. It also performs advisory functions to the Government in the context of its relations with UNESCO.


3. Social Policies, Children, People with Disabilities
At the Ministry of Labor and Welfare, departments and offices deal specifically with human rights. In particular:

  • Directorate General for Inclusion and Social Policies

Functions: promotion of policies to combat poverty, social exclusion, and severe marginalization; promotion and monitoring of policies for childhood and adolescence and protection of minors; coordination of policies for social inclusion, protection, and promotion of rights and opportunities for people with disabilities; management of the National Fund for Social Policies, the National Fund for Non-Self-Sufficiency, the National Fund for Childhood and Adolescence, and other funds for financing social policies and monitoring of transferred resources; study, research, and investigation in the field of social policies; participation in all activities of international relevance, as far as competent, and care of relations with the European Union, Council of Europe, International Labor Organization, United Nations, and Organization for Economic Cooperation and Development.

  • Directorate General for the Third Sector and Corporate Social Responsibility

Functions: promotion and support of activities carried out by third sector subjects, in particular interventions related to social promotion and voluntary associations, to foster the growth of an active society welfare in support of inclusion and social integration policies; promotion, development, and coordination of policies, initiatives, and activities to support the dissemination of corporate social responsibility.

  • Directorate General for Immigration and Integration Policies

Functions: programming of flows, management, and monitoring of entry quotas for foreign workers and bilateral cooperation with countries of origin; coordination of policies for social and work integration of foreign immigrants and initiatives aimed at preventing and combating discrimination, xenophobia, and the phenomenon of racism; development of international cooperation for prevention and study activities on social and occupational emergencies, as well as for initiatives related to migration flows for work reasons. Since 2012, the Directorate General for Immigration and Integration Policies has taken over the functions of the previous Committee for Foreign Minors, suppressed under the so-called spending review decree (Article 12 (20) of Legislative Decree 95/2012, converted with modifications into Law 135/2012). Therefore, the Directorate General is currently competent to monitor the conditions of stay of foreign minors temporarily present on the State territory, whether they are unaccompanied minors or received minors. The Directorate General can adopt two types of measures regarding reported minors: the measure of no grounds to proceed, which is equivalent to giving the go-ahead to integration interventions on the territory, and the measure of assisted repatriation. The Directorate General also deliberates on requests from Italian entities, associations, or families for the entry of minors received under solidarity programs of temporary reception.

The National Observatory on Childhood and Adolescence plays a coordination role between central administrations, local and regional authorities, associations, professional orders, and non-governmental organizations dealing with childhood. It was established by Law No. 451 of December 23, 1997, and is currently regulated by Presidential Decree No. 103 of May 14, 2007. It is composed of representatives of national and local public administrations, entities, associations and professional orders, voluntary organizations and the third sector, experts in childhood and adolescence matters. Presidential Decree 103/2007 assigns to the Observatory the task of preparing three documents relating to the condition of childhood and adolescence in Italy:

  • The National Action Plan and Interventions for the Protection of Rights and Development of Subjects in Developmental Age, elaborated every two years;
  • The Report on the Condition of Childhood and Adolescence in Italy;
  • The Outline of the Government's Report to the United Nations Committee on the Rights of the Child on the application of the 1989 International Convention on the Rights of the Child.

The National Observatory on the Condition of Persons with Disabilities is a consultative and technical-scientific support body for the elaboration of national policies on disability. It was established by Law No. 18 of March 3, 2009, and is composed of a maximum of 40 members, appointed by ministerial decree, representing the central administrations involved in the definition and implementation of policies in favor of people with disabilities, local and regional authorities, social security institutions, the National Institute of Statistics, trade unions, associations and national organizations most representative of people with disabilities; a maximum of five experts are added to these. Within the Observatory, a Technical-Scientific Committee is also established, with the purpose of analysis and scientific direction in relation to the activities and tasks of the body.

The Observatory carries out, among others, the following tasks: it promotes the implementation of the United Nations Convention on the Rights of Persons with Disabilities and elaborates the detailed report on the measures adopted pursuant to the same Convention, in coordination with CIDU; it prepares a biennial action program for the promotion of rights and integration of people with disabilities, in implementation of national and international legislation; it promotes the realization of studies and research that can contribute to identifying priority areas towards which to direct actions and interventions for the promotion of the rights of people with disabilities.


4. The Ministry of Justice
At the Ministry, departments and offices deal specifically with human rights; in particular:

  • Office II (Department for Justice Affairs - Legal and Legal Affairs Directorate): it deals, in particular, with litigation before the European Court of Human Rights. Moreover, it takes care of the drafting of reports requested by international bodies on human rights issues, mainly by the bodies and committees of the Council of Europe and the United Nations;
  • Department for Juvenile and Community Justice: it deals with the promotion and protection of the rights of unaccompanied foreign minors and subjects at risk of social exclusion.


     

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