Italian Yearbook of Human Rights 2012

The Italian Yearbook of Human Rights 2012 confirms and consolidates the structure and aims already set forth in the 2011 edition. Year by year, this series examines the steps that Italy has made to adapt its legislation and policies to international human rights law and to comply with commitments voluntarily assumed by the Italian Government at the international level.

The 2012 issue surveys the activities of the relevant national and local Italian actors, including governmental bodies, civil society organisations and university. It also presents reports and recommendations that have been addressed to Italy by international monitoring bodies within the framework of the United Nations, the Council of Europe or the European Union. Finally, the Yearbook provides a selection of international and national case-law that casts light on Italy’s position vis-à-vis international obligations.

The Italian Agenda of Human Rights that is set out in the volume focuses on immediate and long-term measures that should be taken to ensure human rights for all.

Table of Contents

List of Acronyms

Italy and Human Rights in 2011

Toward an Italian Agenda of Human Rights

PART I. IMPLEMENTATION OF INTERNATIONAL HUMAN RIGHTS LAW IN ITALY

International Human Rights Law

I. Legal Instruments of the United Nations

II. Legal Instruments on Disarmament and Non-proliferation

III. Legal Instruments of the Council of Europe

IV. European Union Law

Italian Law

I. The Constitution of the Italian Republic

II. National Legislation

III. Municipal, Provincial and Regional Statutes

IV. Regional Laws

PART II. THE HUMAN RIGHTS INFRASTRUCTURE IN ITALY

National Bodies with Jurisdiction over Human Rights

I. Parliamentary Bodies

II. Prime Minister’s Office (Presidency)

III. Ministry of Foreign Affairs

IV. Ministry of Labour and Social Policies

V. Ministry of Justice

VI. Judicial Authorities

VII. National Economy and Labour Council (CNEL)

VIII. Independent Authorities

IX. Non-governmental Organisations

X. Human Rights Teaching and Research in Italian Universities

Sub-national Human Rights Structures

I. Peace Human Rights Offices in Municipalities, Provinces and Regions

II. Ombudspersons

III. National Coordinating Body of Ombudspersons

IV. Network of Ombudspersons for Children and Adolescents

V. National Coordinating Body of Local Authorities for Peace and Human Rights

VI. Archives and Other Regional Projects for the Promotion of a Culture of Peace and Human Rights

Region of Veneto

I. Regional Department for International Relations

II. Committee for Human Rights and the Culture of Peace

III. Regional Archive “Peace Human Rights”

IV. Venice for Peace Research Foundation

V. Ombudsperson for Children and Adolescents

VI. Ombudsperson

VII. Regional Commission for Equal Opportunities between Men and Women

VIII. Regional Observatory on Social Policies

IX. Regional Observatory on Immigration

PART III. ITALY IN DIALOGUE WITH INTERNATIONAL HUMAN RIGHTS INSTITUTIONS

The United Nations System

I. General Assembly

II. Human Rights Council

III. High Commissioner for Human Rights (OHCHR)

IV. High Commissioner for Refugees (UNHCR)

V. Human Rights Treaty Bodies

VI. Specialised United Nations Agencies, Programmes and Funds

VII. International Organisations with Permanent Observer Status at the General Assembly

Council of Europe

I. Parliamentary Assembly

II. Committee of Ministers

III. European Court of Human Rights

IV. Committee for the Prevention of Torture

V. European Committee of Social Rights

VI. Group of Experts on Action against Trafficking in Human Beings

VII. Commissioner for Human Rights

VIII. European Commission against Racism and Intolerance

IX. Advisory Committee on the Framework Convention for the Protection of National Minorities

X. European Commission for Democracy through Law

XI. Group of States against Corruption

European Union

I. European Parliament

II. European Commission

III. Council of the European Union

IV. Court of Justice of the European Union

V. European External Action Service

VI. Fundamental Rights Agency

VII. European Ombudsman

Organisation for Security and Cooperation in Europe

I. Office for Democratic Institutions and Human Rights (ODIHR)

II. High Commissioner on National Minorities

III. OSCE Representative on Freedom of the Media

IV. Special Representative and Co-ordinator for Combating Trafficking in Human Beings

International Humanitarian and Criminal Law

I. Adapting to International Humanitarian and Criminal Law

II. The Italian Contribution to Peace-keeping and Other International Missions

PART IV. NATIONAL AND INTERNATIONAL CASE-LAW

Human Rights in Italian Case-law

I. The “Communitarisation” of International Human Rights Standards: Issues Concerning Public Hearings and Statute of Limitations

II. Authentic Interpretation Affecting in pejus Settled Case-law, and the Principle of Fair Trial

III. Human Dignity, Informed Consent to Health Care Treatment, Medically Assisted Procreation

IV. Asylum, International Protection

V. Discrimination

VI. Workers’ Rights

VII. Immigrants’ Rights

VII. Criminal Procedure and Enforcement of the Sentence

IX. Children’s Rights

X. The Rights of Persons with Disabilities and of Non-autonomous Persons

XI. Expropriations and the Right to Peaceful Enjoyment of Property

XII. The Reasonable Length of Judicial Proceedings, Mediation in Civil Disputes

XIII. Human Rights, the Rule of Law and Mayoral Orders

XIV. International Crimes and the Immunity of Foreign States from National Jurisdiction

Italy in the Case-law of the European Court of Human Rights

I. Judgements of the Grand Chamber

II. Interpretative Laws Affecting Ongoing Proceedings

III. The Right to Life and not to be Subject to Inhuman Treatment

IV. Unlawful Detention and Prisoners’ Rights

V. Protection of Rights by the Courts

VI. The Right to Family Life

VII. Property Rights, “Indirect Expropriations”, Fair Compensation

Italy in the Case-law of the Court of Justice of the European Union

I. Application of the “Return Directive”

II. Means of Obtaining Evidence during Criminal Proceedings from Minors who are Victims of Crime

III. Salary Treatment of Workers in the Event of a Transfer

IV. Liability of Member States for Infringements of European Union Law by One of their Courts Adjudicating at Last Instance

Index

Table of Cases

Research and Editorial Committee