Indipendent authorities

Pending the establishment of a National Commission for Human Rights, the independent sector authorities most directly relevant to human rights matters are the Communications Regulatory Authority (AGCOM); the Data Protection Authority; the Guarantee Commission for the Implementation of the Law on Strikes in Essential Public Services; the Authority for Children and Adolescents; and the National Guarantor for the Rights of Persons Detained or Deprived of Personal Liberty.


Communications Regulatory Authority (AGCOM)

AGCOM was established by Law No. 249 of 31 July 1997 and fulfils the dual mandate of ensuring fair competition among market operators and protecting citizens' fundamental freedoms in the communications sector, with particular reference to the protection of minors. The composition of the Authority is governed by Decree No. 201 of 6 December 2011 (known as "Save Italy") and the conversion Law No. 214 of 22 December 2011.


Data Protection Authority (GPDP)

The Data Protection Authority was established by Law No. 675 of 31 December 1996, subsequently replaced by Legislative Decree No. 196 of 30 June 2003 (Personal Data Protection Code), to ensure the protection of fundamental rights and freedoms and respect for human dignity in the processing of personal data. It is a collegiate body composed of four members elected by Parliament, who remain in office for a non-renewable seven-year term.


Guarantee Commission for the Implementation of the Law on Strikes in Essential Public Services (CGSSE)

The Guarantee Commission for the Implementation of the Law on Strikes in Essential Public Services was established by Law No. 146 of 12 June 1990 and subsequent amendments; it is composed of five members designated by the Presidents of the Chamber of Deputies and the Senate of the Republic from among experts in constitutional law, labour law, and industrial relations, and appointed by decree of the President of the Republic.


Authority for Children and Adolescents (AGIA)

The Authority for Children and Adolescents, established by Law No. 112 of 12 July 2011, is tasked with ensuring at the national level the full implementation and protection of children's and adolescents' rights, in accordance with national and international norms, particularly the United Nations Convention on the Rights of the Child (CRC), ratified in Italy by Law No. 176 of 27 May 1991. It is a national institution for promoting and coordinating measures to implement the Convention, with the objective of ensuring the full realisation of the rights contained therein. The head of the Authority is appointed jointly by the Presidents of the Chamber of Deputies and the Senate of the Republic for a four-year term.


National Guarantor for the Rights of Persons Deprived of Personal Liberty

The National Guarantor for the Rights of Persons Deprived of Personal Liberty was established by Article 7 of Decree-Law No. 146 of 23 December 2013, converted with modifications by Law No. 10 of 21 February 2014. It is constituted as a college, composed of the President and two members, chosen from among independent personalities with expertise in disciplines related to human rights protection. The college members are appointed, following deliberation by the Council of Ministers, by decree of the President of the Republic, after consultation with the relevant parliamentary committees, for a non-renewable five-year term. The technical body assisting it is the Office of the National Guarantor, composed of twenty-five members selected by the College as experts in the Authority's areas of concern and coming from the Ministries of Justice and Interior, as well as from National Health Service entities.

The Guarantor's function is to ensure that the custody of persons subject to restriction or limitation of personal liberty is implemented in accordance with the norms and principles established by the Italian Constitution, international human rights conventions, and state laws. It is an independent state body capable of monitoring, by visiting without need for authorisation, all places or contexts of deprivation of liberty, both de jure and de facto. There are four main areas of deprivation of liberty within the Guarantor's mandate: the penal sphere (including penitentiary institutions for adults and minors, residences for the execution of security measures), that of the Police Forces (including security rooms and all premises used for restrictive purposes), that of migrants (including structures for the administrative detention of migrants, primarily repatriation centres, but also forced repatriation operations), and the sphere of health, social-health, and care facilities, i.e., that relating to health protection (this area includes both psychiatric diagnosis and treatment services where compulsory health treatments are carried out, and residences for the elderly and disabled).

Law No. 173 of 18 December 2020 (converting Decree-Law No. 130 of 21 October 2020) introduced some significant changes. In addition to extending the expiry date for the first College of the Guarantor by two years, it provided that detained foreigners may address oral or written requests or complaints to the National Guarantor and to regional or local Guarantors, based on which the Guarantor formulates specific recommendations to the Administration concerned. It also confirmed the designation of the Guarantor as Italy's National Preventive Mechanism (NPM) under the Optional Protocol to the UN Convention against Torture (OPCAT, in force for Italy since 3 May 2013). The same amendment established that the National Guarantor may delegate territorial Guarantors to exercise its functions regarding the detention of migrants and in relation to health, social-health, and care facilities, therapeutic and reception communities, for adults and minors. The delegation has a maximum duration of six months.

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