Italian Yearbook of Human Rights 2013

The Italian Yearbook of Human Rights 2013, the third in the series, provides a dynamic and up-to date overview of the measures Italy has taken to adapt its legislation and policies to international human rights law and to comply with commitments voluntarily assumed by the Italian Government at an international level.

The 2013 Yearbook surveys the activities of the relevant national and local Italian actors, including governmental bodies, civil society organisations and universities. 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 and the European Union. Finally, the Yearbook provides a selection of examples from international and national case-law which cast light on Italy’s position vis-à-vis internationally recognised human rights.

The introductory section of the Yearbook, entitled “Italy and human rights in 2012: a suffering year for economic, social and cultural rights”, reminds States of their duty to equally protect all human rights – civil, political, economic, social and cultural – stressing the fact that the right to work is a fundamental human right and not a mere philosophical principle. With a view on the second UPR of Italy before the Human Rights Council, that will take place in 2014, the Italian Agenda of Human Rights focuses on immediate and long-term measures that should be taken to ensure human rights for all in the Country.

Table of Contents

List of Acronyms

Italy and Human Rights in 2012. A Suffering Year for Economic, Social and Cultural Rights

I. Legislative Progress and Institutional Weaknesses: the Regulatory and Infrastructural Level of Human Rights in Italy

II. Fulfilment of International Obligations and Commitments: Concurrence and Resistance

III. Adoption and Implementation of Human Rights Policies: Old Problems and Scarce Resources

IV. Structure of the 2013 Yearbook

Italian Agenda of Human Rights 2013: towards the 2014 UPR

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 in the Italian Regions and Provinces

III. National Coordinating Body of Ombudspersons

IV. Network of Ombudspersons for Children and Adolescents

V. National Coordinating Network of Ombudspersons for the Rights of Detainees

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

VII. 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. Commissioner for Human Rights

VII. European Commission against Racism and Intolerance

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

IX. European Commission for Democracy through Law

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

XI. Group of States against Corruption

XII. European Commission for the Efficiency of Justice

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. Special Representative for Human Rights

VII. Fundamental Rights Agency

VIII. European Ombudsman

IX. European Data Protection Supervisor

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. Human Dignity and Principles of Biolaw

II. Asylum and International Protection

III. International Crimes and Immunity of Foreign States from the Domestic Jurisdiction

IV. Discrimination

V. Rights of Persons with Disabilities

VI. Social Rights

VII. Immigration

VIII. Right to Privacy, Right to Property

IX. Rights of the Child

X. Article 6 ECHR and the Pinto Act

XI. Torture, Prison Conditions, Prisoners’ Rights

XII. Criminal Matter

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

I. Judgments of the Grand Chamber and Related Cases

II. Other Cases Decided by the Chambers and Committees of the Court

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

I. ECJ Relevant Cases Not Concerning Italy

II. Cases Directly Related to Italy

Index

Table of Cases

Research and Editorial Committee