Fundamental rights implications for the EU of the war in Ukraine

The European Commission operational guidelines encouraged Member States to consider extending temporary protection to those who fled Ukraine after 24 February 2022. Italy applied strict temporal criteria, irrespective of the Commission’s operational guidelines. To combat trafficking and exploitation Italy increased cooperation with victim support services or other organisations and adopted specific legislation to coordinate and financially compensate for the accommodation of people fleeing Ukraine. Additionally Italy assigned housing support specifically to beneficiaries of temporary protection. Furthermore, under  the law No. 21 of 21 March 2022 Italy simplified the recruitment of beneficiaries of temporary protection in the healthcare sector and entitled them of temporary protection to the same public health services as citizens. Regarding mental health support, the Italian Red Cross provided helplines and online services, as well as accommodation facilities for those in need.

Implementation and Use of the Charter at National Level

Italy has faced scrutiny regarding the application of the EU Charter of Fundamental Rights. A notable case involved the exclusion of non-EU nationals without long-term residence permits from maternity and birth vouchers. Following a ruling by the Court of Justice of the European Union (CJEU), Italy's Constitutional Court found this exclusion to be discriminatory and in violation of Article 34 of the Charter, leading to a policy change. Consequently, the benefit became available to all non-EU nationals holding a regular residence permit. 

In 2022 Italy made legislative proposals or amendments to current legislation concerning the rights of the child. The Senate’s dossier on a draft law regulating children’s surnames makes further references to nondiscrimination (Article 21 of the Charter) and equality between men and women (Article 23) to justify the need to allow children to be registered at the civil registry with the surnames of both parents. The legislative reform is meant to contribute to implementing the principle of non-discrimination on grounds of gender.

Efforts to strengthen equality measures have also been evident in legislative reforms. The Criminal Procedure Code envisaged applying the ne bis in idem principle only in criminal proceedings, and not in administrative proceedings that are substantially criminal in nature. The Constitutional Court declared that provision unconstitutional. It relied on Article 50 of the Charter (right not to be tried or punished twice in criminal proceedings for the same criminal offence) to reach its conclusion. 

Additionally, Italy has provided enhanced training on the Charter for justice professionals, including judges and law clerks. However, by the end of 2022, Italy still lacked an accredited National Human Rights Institution (NHRI).

Equality and Non-Discrimination

In T.C. v. Italy (No. 54032/18), the European Court of Human Rights (ECtHR) ruled that Italian courts did not violate the European Convention on Human Rights (ECHR) by ordering a Jehovah’s Witness father to refrain from involving his daughter in religious activities.

Italy has also taken steps to combat discrimination through its National LGBT+ Strategy (2022–2025). The country’s equality body, UNAR, reported 1379 instances of racist, homophobic, transphobic, anti-Semitic, and ableist attacks in 2022. Despite these measures, concerns remain over hate crimes, such as the killing of a Nigerian street vendor in Marche, which authorities ruled was unrelated to racism, though activists continue to contest this conclusion.

Racism, xenophobia and related intolerance

Hate crimes and racial discrimination remain pressing issues in Italy. Regarding hate crime In Italy, in July, a Nigerian street vendor was beaten to death in the central region of Marche. Investigators ruled out a racist motive, citing the suspect’s psychiatric problems. However, campaigners continue to contest this decision and argue that prejudice was at play. In 2021, 1379 cases of discrimination were reported, with 709 (51%) attributed to racial and ethnic discrimination. This highlights the urgent need for comprehensive anti-racism policies and enforcement mechanisms. 
Despite repeated calls to develop policy frameworks that fulfill commitments to combat racism, implementation across the EU remains inadequate. By the end of 2022, only about half of the Member States had established dedicated anti-racism action plans or integrated measures. Pan-European anti-racism organizations have criticized the sluggish progress of National Action Plans Against Racism (NAPARs), particularly the lack of engagement with local and regional administrations. In Italy, efforts are underway to develop NAPARs, demonstrating a growing awareness that anti-racism initiatives must be implemented at all levels of governance.

Several Italian cities, including Bologna, Reggio Emilia, and Turin, are finalizing local action plans to address racism, ethnic and religious discrimination, hate crimes, and hate speech. Additionally, Italy adopted a standalone antisemitism strategy in 2022. To enhance monitoring and response to hate speech, the Italian equality body, in collaboration with partner organizations, has established a national observatory to collect and analyze data on online hate speech.

Roma equality and inclusion

The Roma community continues to face systemic discrimination across several EU Member States, including Italy. In 2022, FRA released its latest data on Roma populations in eight EU countries with significant Roma communities - Croatia, Czechia, Greece, Hungary, Italy, Portugal, Romania, and Spain - along with North Macedonia and Serbia. The Roma Civil Monitor 2021–2025 also conducted its first assessment of national strategies, acknowledging a shift in recognizing structural racism and the exclusion of Roma from society, institutions, and public services. Italy was among the countries demonstrating improvements in this regard.

Only a few Member States have established sustainable dialogue with Roma civil society to date. Italy’s National Office against Racial Discrimination (Ufficio Nazionale Antidiscriminazini Razziali, UNAR), representing Roma and Sinti communities, took an active part in the consultation on implementing the strategy in 2022. Despite these efforts, incidents of discrimination and violence persist. In Italy, a 36-year-old Roma with disabilities fell out of the window of his apartment on the second floor during a house search by the police, an NGO reported. He suffered life-threatening injuries and was in a coma. Four police officers are being investigated on charges of attempted murder, abuse of power and perjury. In December, one of the officers was put under house arrest on charges of false testimony, deception and torture. 

Asylum, borders, visas, migration and integration

The number of boat journeys from Lebanon to Cyprus and Italy more than doubled, with nearly 600 arrivals recorded between August 2021 and July 2022. Lebanon ranked as the fourth largest country of departure for migrants arriving in Italy. The European Commission’s rule of law country reports on Italy highlighted restrictions affecting the activities of non-governmental organisations (NGOs) working in this sector.

Measures continued to target civil society organisations engaged in search and rescue, although they brought only some 16 % of new arrivals to Italian ports. Civil society organisations deploying ships for search and rescue activities continued to face legal proceedings and other measures against themselves or the rescue vessels.In August, the CJEU clarified that the port state may inspect search and rescue ships of humanitarian organisations, but may seize such vessels only in the event of a clear risk to safety, health or the environment. At year-end, three NGO vessels and one NGO aircraft were performing search and rescue operations, five vessels were blocked pending legal proceedings and several others were temporarily in port, for example for maintenance (see Figure below).

In October 2022, Italian authorities denied entry to two NGO rescue vessels, Ocean Viking and Humanity 1, resulting in prolonged delays in disembarkation. Ocean Viking spent 21 days at sea before being allowed to dock in Toulon, France, while Humanity 1 was permitted to dock in Catania after nearly two weeks. By the end of December, Italian authorities designated distant ports such as Ravenna, Livorno, and others for disembarkation, leading to extended travel times. In January 2023, new legislative measures introduced further restrictions on sea rescue operations.

In previous reports FRA had analysed how Schengen evaluations deal with fundamental rights. In 2020 it recommended strengthening oversight of fundamental rights protections in the Schengen Borders Code. The Council of the European Union advised Greece to enhance fundamental rights safeguards in its border management system and to conduct thorough investigations into allegations of ill-treatment. It also recommended that Italy increase reception capacity and improve conditions at the initial reception center in Lampedusa.

Information society, privacy and data protection

National parliaments across Europe engaged in discussions on the Artificial Intelligence Act (AIA), often influenced by government positions, as seen in Austria, Denmark, Finland, and Germany. Various national public institutions, including national human rights institutions (NHRIs) and data protection authorities (DPAs), also provided input on the AIA in countries such as France, Italy, and the Netherlands. These discussions frequently emphasized the need for stronger protections for fundamental rights.

Parliamentary hearing on artificial intelligence underscored the close link between the AIA, data protection, and fundamental rights, stressing the importance of independent oversight. Concerns over the risks posed by advanced surveillance technologies were raised by civil society organisations, public authorities, and courts in several countries, including Bulgaria, Finland, Greece, Italy, Malta, and Sweden.

Rights of the child

In the case Darboe and Camara v. Italy (No. 5797/17), the European Court of Human Rights (ECtHR) ruled that placing a child in an adult reception facility before conducting an age assessment violated the European Convention on Human Rights (ECHR). The court found breaches of Article 13 (right to an effective remedy) in conjunction with Article 3 (prohibition of torture) and Article 8 (right to respect for private and family life).

The 2022 European Semester exercise incorporated the European Child Guarantee, emphasizing the importance of improving access to affordable, high-quality early childhood education and care. This was highlighted in the European Commission’s spring package, which linked improved childcare services to increased female participation in the labor market. Eight country-specific recommendations were issued to Austria, Germany, Hungary, Italy, Lithuania, Poland, Romania, and Slovakia, focusing primarily on early childhood education and care.

By December 2022, a total of 5040 individuals had been voluntarily relocated from Greece as part of an initiative that began in 2020, with a particular focus on unaccompanied children. Among those relocated, 1021 children traveled with their families, while 1313 were unaccompanied. These children were received by Germany, France, Portugal, Italy, Finland, the Netherlands, Ireland, Belgium, Bulgaria, Luxembourg, and Lithuania, in descending order of the number of children welcomed.

The ECtHR also issued its first ruling on age assessment in Darboe and Camara v. Italy in 2022. The case involved a Gambian and a Guinean national who, upon arriving in Italy on makeshift vessels, claimed asylum as unaccompanied minors but were placed in an adult migrant center. The court emphasized the need to prioritize the best interests of the child and apply the presumption of minority for unaccompanied minors. It ruled that such children require special protection, including the assignment of a guardian and assistance during asylum proceedings. The court found violations of ECHR Articles 3, 8, and 13.

Access to Justice – Victims’ Rights and Judicial Independence

In Landi v. Italy (No. 10929/19), the ECtHR ruled that the failure to effectively investigate death threats made against a vulnerable rape victim by her abuser, who was also her father, constituted a violation of Article 2 of the ECHR (right to life). The ruling highlighted deficiencies in domestic law enforcement regarding gender-based violence.

Violations of emergency barring orders - such as removal orders preventing perpetrators from residing in the victim's home and restrictions on approaching places frequented by the victim—were among the most common offenses related to gender-based violence over the past three years. These orders correspond to measures outlined in the Istanbul Convention aimed at protecting victims.

Regarding the implementation of the Convention on the Rights of Persons with Disabilities, the European Court of Human Rights (ECtHR) ruled in Sy v. Italy (No. 11791/20) that the failure to transfer the applicant, who had a personality disorder and bipolar disorder, from prison to a residential facility constituted a violation of Articles 3 (prohibition of torture) and 5 (right to liberty and security) of the European Convention on Human Rights (ECHR).