Positive Developments Noted by the Committee

The Committee acknowledged several positive developments in Italy, primarily focusing on legislative and policy measures aimed at increasing the protection and fulfillment of economic, social, and cultural rights. Among the highlights were:

• Ratification of International Conventions: The Committee commended Italy for ratifying the International Convention for the Protection of All Persons from Enforced Disappearance in 2015, underscoring Italy’s commitment to uphold international human rights standards.
• Legislative Initiatives: The Committee noted the enactment of Act No. 32 on April 7, 2022, designed to improve the quality of life for families with children. Likewise, Act No. 26, passed on March 28, 2019, aimed at establishing a citizenship income scheme which endeavors to alleviate poverty and enhance social welfare.
• National Action Plans: The introduction of the second National Action Plan on Business and Human Rights (2021–2026) was also recognized. This plan reflects Italy's commitment to addressing human rights violations within the business sector, demonstrating an awareness of the intersectionality between corporate practices and human rights issues.
• Constructive Dialogue with the State Party: The Committee expressed appreciation for the constructive dialogue it held with the Italian delegation, indicating a willingness on the part of Italy to engage in discussions surrounding human rights obligations.

These developments signify a progressive trajectory in Italy’s governance concerning the safeguarding of human rights.

Key Areas of Concern Identified by the Committee

Despite the positive strides acknowledged, the Committee articulated multiple areas of concern that raised alarms about Italy’s adherence to its obligations under the Covenant:

• Application of the Covenant: The absence of court decisions invoking the provisions of the Covenant is particularly troubling. This lack of legal precedent indicates a broader issue—the insufficient training for judges, prosecutors, and lawyers regarding the Covenant's applicability in domestic law. Without such foundational legal knowledge and understanding, the justiciability of rights as enshrined in the Covenant suffers, leading to ineffective legal protection for citizens.
• Awareness among Public Officials: The Committee noted the pervasive lack of awareness concerning the State’s obligations under the Covenant, especially among public officials tasked with its implementation. This gap in knowledge can result in inadequate enforcement of rights, compromising the efficacy of laws designed to protect economic, social, and cultural rights.
• Establishment of National Human Rights Institutions: The continued absence of an independent national human rights institution in Italy is another significant concern raised by the Committee. Such institutions are integral to the promotion and protection of human rights within a country, acting as a necessary bridge between citizens and the State. The reliance on ineffective mechanisms hinders accountability and lessens the potential for progressive change.
• Protection for Human Rights Defenders: The Committee also raised grave concerns regarding the safety of human rights defenders and journalists. Reports of harassment, physical threats, and verbal attacks against these individuals, especially those advocating for the rights of refugees and marginalized communities, highlighted a dire need for protective measures. Such attacks undermine the core principles of democracy and freedom of expression, critical elements in the protection of human rights.
• Regional Disparities: Persistent disparities in access to social services emerge as a critical issue throughout Italy, exacerbated by insufficient financial and administrative capacities at local government levels. The discrepancies in service provision reveal systemic inequalities that disproportionately affect marginalized populations, necessitating targeted interventions to remedy these imbalances.
• Corporate Accountability in Business and Human Rights: The Committee expressed concern regarding the inadequacies of Legislative Decree No. 231/2001, which fails to comprehensively address corporate responsibility in relation to human rights abuses. The exemption from liability offered to companies that adopt inadequate models raises significant doubts about the effectiveness of existing protective measures for employees and vulnerable populations alike.
• Impact of Austerity Measures: In light of the financial crisis, the Committee observed that austerity measures aimed at reducing public debt have led to adverse impacts on economic, social, and cultural rights. In particular, budget cuts to the health care sector have exacerbated the effects of the ongoing COVID-19 pandemic, compromising the welfare of countless citizens.
• Continuing Discrimination: Instances of hate speech and discrimination against marginalized communities, including those based on race, religion, and sexual orientation, continue to present challenges within Italian society. The Committee highlighted the urgent need for comprehensive anti-discrimination policies to effectively combat these issues.

Recommendations from the Committee

To address these pressing concerns, the CESCR issued several targeted recommendations aimed at enhancing Italy's human rights framework:

• Specialized Training and Awareness: The Committee recommends that Italy provide consistent, specialized training on the provisions of the Covenant and their justiciability to judges, prosecutors, and lawyers. Enhancing awareness among public officials and state actors responsible for implementing the Covenant is crucial for its effective application.
• Establishing Human Rights Impact Assessments: The Committee stressed the importance of systematizing human rights impact assessments in the legislative and policymaking processes. This would ensure that emerging laws and policies are evaluated regarding their potential effects on economic, social, and cultural rights.
• Setting Up an Independent National Human Rights Institution: The Committee urges the establishment of a national human rights institution with a broad mandate in accordance with the Paris Principles. This institution would serve as a vital entity for furthering human rights advocacy and education in Italy, and it should be adequately resourced to fulfill its mandate.
• Enhancing Protection for Journalists and Activists: Measures aimed at guaranteeing the safety and protection of journalists and human rights defenders—including the expansion of personal protection programs—are recommended to ensure their ability to carry out vital advocacy and reporting without fear of reprisal.
• Addressing Regional Disparities: To resolve persistent regional inequalities, the Committee calls for interventions to strengthen the financial and administrative capacities of local governments. Increased fiscal transfers from wealthier northern regions to poorer southern regions are also encouraged to ensure equitable access to rights and services.
• Comprehensive Business Regulations: The Committee calls for a revision of Legislative Decree No. 231/2001 to broaden the scope of corporate liabilities concerning human rights abuses. Such revisions would facilitate greater accountability and foster a corporate culture rooted in respect for human rights.
• Monitoring Austerity Measures: Italy is urged to conduct thorough assessments of the impact of austerity measures on human rights and to prioritize the health care sector and support for vulnerable populations in budgetary considerations.
• Implementing Anti-Discrimination Policies: Enacting comprehensive anti-discrimination laws and policies to better protect marginalized groups is essential for fostering an inclusive society. The State should also take proactive measures to curb hate speech and discrimination.
• Supporting Migrants and Refugees: The Committee highlights the importance of ensuring the protection of migrants and refugees by enhancing regularization pathways and providing clarity and certainty in legal processes regarding their status.
• Gender Equality Initiatives: Italy is challenged to intensify its efforts against gender stereotypes and improve women’s representation in decision-making bodies. Addressing the gender pay gap through concrete action, including legislative measures to tackle occupational segregation and enhance women’s participation in the labor market, is critical for achieving gender equality.
• Integrating Sustainable Development Goals: The Committee encourages Italy to fully consider its obligations under the Covenant in the implementation of the 2030 Agenda for Sustainable Development. Establishing independent mechanisms to monitor progress toward goals and utilizing inclusive, participatory approaches are crucial to ensure that no one is left behind.

Conclusion

Through a detailed analysis of Italy's human rights framework, the CESCR’s concluding observations highlight both the progress made and the challenges that remain. The Committee emphasized the need for Italy to fully integrate its obligations under the CESCR into national policies and to systematically monitor progress. They encouraged the country to engage all levels of society and civil organizations in the implementation process, including the promotion of rights in the context of the 2030 Agenda for Sustainable Development to emphasize the necessity of transparency in the reporting and follow-up procedures. Such collaboration is essential for fostering a resilient democratic framework wherein human rights are upheld, and victims have access to remedies. A follow-up mechanism was suggested, requesting updates on specific recommendations pertaining to business and human rights, climate change adaptation, and anti-discrimination efforts within 24 months. Finally, Italy was tasked with submitting its seventh periodic report by 31 October 2027, underscoring the ongoing commitment required to uphold and advance economic, social, and cultural rights for all citizens