Introduction

The 2023 Findings of the European Committee of Social Rights (ECSR) examine Italy’s compliance with the Revised European Social Charter of 1996 by assessing the follow-up to eight collective complaints. These cases cover a wide range of social rights issues, reflecting systemic challenges in housing, education, healthcare, labour rights, and gender equality. While some measures have been taken by Italian authorities in response to earlier decisions, the Committee frequently highlights persisting gaps in implementation and a lack of tangible progress. This analysis reviews the background and follow-up assessments of these complaints, offering insight into Italy’s approach to social rights and the challenges that remain in meeting its Charter obligations and ensuring the effective enjoyment of the rights it guarantees. 

Complaint No. 27/2004: European Roma Rights Centre v. Italy

In its 2005 decision, the ECSR found Italy in violation of the Revised European Social Charter for failing to ensure that Roma, Sinti, and Caminanti communities had access to adequate housing. The violations concerned Article E (non-discrimination) alongside Articles 31.1, 31.2, and 31.3, covering the right to housing, protection against eviction, and access to social housing. The Committee condemned the practice of segregating these communities in substandard camps and carrying out evictions without safeguards as discriminatory and inadequate. 

In response, Italy adopted the National Strategy for Roma Inclusion 2021-2030 coordinated by the Ufficio Nazionale Antidiscriminazioni Razziali (UNAR), to enhance governance, promote local engagement, and improve access to essential services. Some regional initiatives, including relocation programs and efforts for educational integration, were launched, but implementation remained fragmented.

Despite a reduction in the number of camps and some localized progress, the Committee concluded that Italy remained in non-compliance with the aforementioned provisions of the Revised Charter. Forced evictions continued without sufficient safeguards, and access to social housing remained unequal. Persistent inconsistencies between national strategies and local implementation continue to prevent meaningful and lasting improvements. 

Complaint No. 58/2009: Centre on Housing Rights v. Italy

This complaint addressed many of the issues raised in Complaint No. 27/2004, but focused on the deteriorating conditions and intensified marginalization of Roma and Sinti communities following security measures from 2006 and 2009. In its 2010 decision, the ECSR found multiple violations of of the Revised Charter, specifically Article E with Articles 31.1, 31.2, and 31.3 (right to housing), Article 30 (protection against poverty and social exclusion), Article 16 (protection of family life), Articles 19.1 and 19.4 (c) (right of migrant workers).

The Committee found that the implementation of these policies reinforced negative stereotypes, led to evictions without legal safeguards or alternative accommodation, and caused forced segregation. It also noted insufficient protection against antigypsyism rhetoric in political discourse and discriminatory barriers to housing and assistance for Roma and Sinti migrant workers. 

Italy responded by adopting the National Roma, Sinti, and Caminanti Strategy 2021-2030, coordinated by UNAR, promoting inclusive governance, social services, and anti-discrimination. Regional and local authorities initiated a number of projects involving camp closures, social housing integration, and school-related support. However, evictions still lacked safeguards, segregation remained, and no effective oversight mechanism ensured consistent local compliance. 

In its 2023 follow-up, the ECSR concluded that Italy remained non-compliant, with unresolved violations and ineffective mechanisms to align national strategies with local implementation. 

Complaint No. 87/2012: International Planned Parenthood Federation – European Network (IPPF EN) v. Italy

In 2013, the ECSR found Italy in violation of Article 11.1 (right to health) and of Article E in conjunction with Article 11, due to discriminatory barriers faced by women seeking voluntary termination of pregnancy (VTP). High rates of conscientious objection among medical personnel prevented effective access to legal abortion services. As a result, many women had to travel between regions or abroad, incurring economic and health risks, disproportionately affecting vulnerable groups and undermining their legal right to abortion.

Italy continued to rely on Law No. 194/78 [Norms on the social protection of motherhood and the voluntary termination of pregnancy] and promoted regional monitoring through reports by the Ministry of Health. Some progress was made, including a slight decrease in objectors and shorter waiting times, but regional disparities remained. By 2019, only 63.1% of facilities performed abortions, and some regions had workloads overburdening non-objecting gynaecologists. 

In the 2023 follow-up, the Committee found that the situation remained non-compliant. The absence of systematic data, regional imbalances, and the continued burden placed on non-objecting staff revealed that access to abortion services was unreliable and violations unresolved. 

Complaint No. 91/2013: Confederazione Generale Italiana del Lavoro (CGIL) v. Italy

In 2015 the ECSR found Italy in violation of four provisions of the Revised Charter due to systemic obstacles in access to VTP procedures, driven by widespread conscientious objection among medical personnel. While Complaint No. 87/2012 focused on women’s access, this case additionally highlighted the challenges faced by non-objecting healthcare workers and organizational shortcomings.

The Committee found Italy in breach of Article 11.1, as women still face practical obstacles to abortion despite legal guarantees. As in the previous complaint, regional disparities in services availability and insufficient measures to compensate for staffing shortages remain central concerns. 

A violation of Article E in conjunction with Article 11 was also identified, particularly because of unequal access based on geography or socioeconomic status. Women in regions with high objection rates are forced to travel, sometimes abroad, creating de facto discrimination. 

Notably, this complaint also addressed the working conditions of non-objecting staff. The Violations of Articles 1.2 and 26.2 were identified due to lack of protection against workplace discrimination and harassment. Non-objecting practitioners often face heavier workloads and reduced career opportunities simply for providing legal services.

Despite some Government improvements, such as monitoring and slight reductions in objectors, the Committee’s 2023 assessment concluded that the situation remained non-compliant with all cited provisions. In particular, the absence of data on unperfumed procedures, regional disparities, and insufficient legal protection for staff highlight the persistent structural failings in implementing Law No. 194/78 effectively and equitably. 

Complaint No. 133/2016: University Women of Europe (UWE) v. Italy

In its 2019 decision, the ECSR found Italy to be in violation of Articles 4.3 and 20.c of the Revised Charter for failing to ensure pay transparency. The Committee noted inadequate collection of statistical data on pay and insufficient measurable progress in promoting equal pay and opportunities between women and men.

The Italian government responded by highlighting recent measures, including Law No. 162/2021 amending The Equal Opportunities Code, and the National Recovery and Resilience Plan, which considers gender equality as one of the three transversal priorities. It was also noted that Italy joined the Equal Pay Coalition (EPIC) in 2020, demonstrating international commitment against gender inequality. 

In Recommendation CM/RecChS(2021)10, the Committee of Ministers urged Italy to strengthen pay transparency laws, promote women’s participation in the labour market, reduce occupational segregation, and improve data collection. While acknowledging some legislative progress, including amendments under Law No. 162/2021 and targeted actions against undeclared work in female-dominated sectors, the Committee noted Italy has yet to implement the European Commission’s 2014 equal pay recommendation. It also found no evidence of effective use of job classification systems or a clear legal definition of “equal value”.

Moreover, despite a slight increase, Italy’s female employment rate remained the lowest in the EU in 2022 at 55%, and the Government failed to demonstrate effective measures to reduce informal work or improve employment and pay data accuracy. Consequently, the Committee concludes that the situation remains non-compliant with Article 20 (c).

Complaint No. 140/2016: Confederazione Generale Italiana del Lavoro (CGIL) v. Italy

In 2019, the ECSR found Italy in violation of the Revised Charter concerning the rights of Guardia di Finanza members. The Committee ruled that restrictions on their right to form and join trade unions (Article 5) were excessive, consultation procedures failed to ensure meaningful negotiations on employment conditions (Article 6.2), and the absolute ban on their right to strike (Article 6.4) was unjustified in a democratic society. 

The Italian government responded by citing Constitutional Court decision No. 120/2018, which declared unconstitutional the prohibition on military trade unions, and highlighted Law No. 46/2022 [Provisions on trade unions for military personnel and the reorganization of the legal framework of the Guardia di Finanza] granting negotiation powers to military trade union associations. However, the government maintained the strike ban was necessary due to constitutional duties such as national defence and public order. 

The European Organisation for Military Association and Trade Unions (EUROMIL) acknowledged the legal reforms but criticizes the limitations on military unions, especially their inability to affiliate with broader trade union confederations, arguing this undermines effective representation. The government defended the framework as balancing representation with military discipline and readiness. 

The Committee acknowledged Law No. 46/2022 removal of prior ministerial consent, replacing it with a registration process subject to legal review, thus rectifying the Article 5 violation in part. However, the continued ban on Guardia di Finanza members joining other trade unions remains non-compliant with Article 5.

Regarding Article 6.2, the Committee notes that associations meeting membership thresholds can negotiate on key employment issues, submit proposals, be heard by Parliament, and consult with military authorities. Given these provisions, the Committee concludes that the situation now complies with the Revised Charter. 

The Committee reiterates that the Government's justification for the absolute ban on the right to strike for members of the Guardia di Finanza was already rejected in its 2019 decision. As this ban remains in force, the situation has not been brought into conformity with Article 6.4. 

Complaint No. 144/2017: Confederazione Generale Sindacale (CGS) v. Italy

The ESCR found Italy in violation of Article 1.2 of the Revised Charter due to the use of successive fixed-term contracts exceeding 36 months for public education staff not on the ERE lists. The Committee noted a lack of safeguards against contract abuse, legal uncertainty, and limited prospects for permanent employment despite their qualifications and experience.

In response, the Italian Government cited annual recruitment for permanent teaching positions under Decree-Law No. 73/2021 (converted into Law No. 106/2021), along with extraordinary selections introduced by Decree-Laws No. 126/2019 and No. 73/2021. These targeted staff with at least three years of service. Law No. 79/2022 [Conversion into law, with amendments, of Decree-Law No. 36/2022, on additional implementation of the National Recovery and Resilience Plan (NRRP)] further allows experienced candidates to compete for secondary school teaching roles, provided they meet academic and service requirements.

However, the Committee found the information too general and lacking concrete evidence that these measures have effectively limited the use of fixed-term contracts. It also noted the absence of remedies for non-ERE staff. Consequently, it concluded that the situation remains in non-compliance with Article 1.2 of the Revised Charter.

Complaint No. 146/2017: Associazione Professionale e Sindacale (ANIEF)  v. Italy

The Committee found a violation of Article 1.2 of the Charter regarding public education staff not on the ERE lists who were recruited under successive contracts exceeding 36 months. It held that their rights were disproportionately interfered with due to a lack of safeguards against abuse, legal uncertainty from changing laws and case-law, and limited opportunities for permanent contracts despite their experience and competences.

The Italian Government referred to Article 59.1 of Decree-Law No. 73/2021. It also cited simplified procedures under amended Decrees Nos. 498/2020 and 499/2020, and extraordinary selections introduced by Decree-Laws No. 126/2019 and No. 73/2021 to value prior service. Additionally, Law No. 79/2022 opened competitions to candidates with at least three years of service within the last five years, including one in the relevant role.

However, the Committee found the Government’s response lacking in concrete data and evidence of real progress in curbing the use of fixed-term contracts. It also noted the absence of information on remedies for non-ERE staff. As such, the situation remains non-compliant with Article 1.2 of the Revised Charter.

Conclusion

The 2023 findings of the ESCR indicate that Italy remains in non-compliance with the Revised European Social Charter. Despite some formal measures taken over the years,  significant gaps remain in areas such as housing for Roma communities, access to shelter, sexual and reproductive healthcare, and the rights of migrant workers. More recent complaints reveal persistent structural issues, including insufficient efforts to ensure pay transparency and gender equality, restrictions on trade union rights within law enforcement, and poor working conditions for public education staff.

The Committee consistently points to a lack of tangible implementation and measurable improvements, raising concerns about Italy’s commitment to fulfilling its obligations under the European Social Charter. While legal frameworks exist, effective enforcement and political will are still needed to translate rights into reality.