Concluding observations on the seventh periodic report of Italy

Addendum

* The present document is being issued without formal editing.

Information provided by Italy in follow-up to the concluding observations *

[Date received: 5 July 2019]

1.Further to UN CEDAW Committee Concluding Observations (CEDAW/C/ITA/CO/7), adopted on July 24, 2017, Italian Authorities are in a position to provide the following information with regard to “the recommendations contained in paragraphs 15 (a) and (b), 21 (b) and 23” therein.

I.Introductory remarks

2.The Italian (rigid) Constitution, coeval with UDHR, determines the political framework for action and organization of the State.

3.The Italian legal system aims at ensuring an effective framework of guarantees, to fully and extensively protect the fundamental rights of the individual. Indeed, we rely on a solid framework of rules, primarily of a constitutional nature, by which the principle of formal and substantial equality and the respect for human rights are among the main pillars (For additional information, please kindly refer to Common Core Document of Italy forming part of the reports of States parties – UN Doc. HRI/CORE/ITA/2016).

II.Turning to specific issues

4.As for requests relating to paragraphs 15 (a) and (b) of the Concluding Observations under reference, within the Asylum, Migration and Integration Fund (AMIF) it is financed ADITUS project, by which IOM provides migrants and asylum-seekers arriving by sea, at ports of disembarkation, hotspot, as well as reception centres, with information on early identification of victims of trafficking and of labour exploitation, besides focusing on the identification of the risks linked to irregular migration.

5.The National Asylum Commission and the United Nation High Commissioner for Refugees (UNHCR) published specific Guidelines for the Territorial Commissions on the identification of victims of trafficking among asylum-seekers, and the referral mechanisms.

6.Adequate reception conditions are ensured to individuals with specific needs, given their vulnerability, in accordance with Article 17 of Legislative Decree No. 142/2015.

7.Specific Guidelines was also adopted by Ministry of Health’s Decree, dated 3 April 2017, concerning the assistance, rehabilitation and treatment of mental disturbs affecting refugees and victims of torture, sexual harassment and other forms of psychological, physical and sexual violence. This Guidelines, which includes training programs for medical staff, is applicable to asylum-seekers hosted in reception centres, too.

8.In accordance with Article 10 of Legislative Decree No. 142/2015, adequate measures have been put in place to prevent any forms of violence, including gender-based violence and to ensure the safety of asylum-seekers. In this context, it is worthy of note the National strategic Plan on male violence against women 2017–2020 adopted by the Council of Ministers, containing all measures to be implemented at all governmental levels in favour of migrants women, refugees victims of violence, SGBV, labour exploitation, forced marriage, etc.

9.It is also worth mentioning that, within the framework of the multiannual AMIF Project (2017–2020), Line No. 3-Specific Needs, UNHCR, in cooperation with the Ministry of Interior, is elaborating some technical proposals for the promotion of standard procedures for the identification of and assistance of individuals with special needs and referral mechanisms. In this context, UNHCR elaborated a proposal of specific trainings for reception officers devoted to the identification and referral of individuals with specific needs. These trainings will be carried out at the selected Prefectures of Udine, Gorizia and Venezia for the personnel of management bodies at the abovementioned Provinces.

10.Finally, as for the issue raised about “the insufficient number of reception centres and the overcrowding and substandard conditions in existing centres owing to the increasing number of refugees and asylum entering the country”, specific attention shall be paid to the consolidated decrease of migration flows in 2018, as highlighted since the second semester of 2017. Consequently, also accommodation-related needs have decreased. More generally, as for reception standards and conditions, the Prefectures are in charge of monitoring the correct delivery of services in reception centres by the management bodies.

11.The Department for Civil Liberties and Migration guarantees the unity of the reception system, through a coordination and support action, with the development of guidelines and of structured methodologies, also based on the use of dedicated monitoring mechanisms, and with the support of Department’s officers in the inspection activity in order to ensure the necessary sharing of monitoring arrangements among central and peripheral territorial levels.

12.The monitoring activity of the Prefectures is carried out by specially formed inspection teams through the involvement of law enforcement officers, fire fighters, and, more generally, of the representatives of the other Administrations concerned (e.g. local health authorities, local entities, labour inspectorate), in order to ensure inter-institutional collaboration more appropriate for a comprehensive evaluation of the different areas under monitoring activity.

13.As for requests relating to paragraph 21 (b) of the Concluding Observations under reference, the Department for Equal Opportunities (acronym in Italian, DEO) at the Presidency of the Council of Ministers has been responsible since 1997 for guidance, proposal and coordination of normative and administrative initiatives to support women’s human rights; prevent and eliminate all forms of discrimination, combat VAW, exploitation and THB, as well as all violations of the fundamental rights to the integrity of the person and health of women and girls.

14.In particular DEO is in charge of: the promotion of legislative actions concerning the elaboration and implementation of gender-related policies; the collection and analysis of data and information about gender equality and equal opportunities; the proposal, definition, implementation and coordination jointly with other central Administrations and local authorities of interventions in the field of gender equality; the dialogue and cooperation with EU and international systems and mechanisms on gender-related issues (i.e. United Nations, Council of Europe).

15.The General Directive for administrative action and management of the DEO for the year 2019 can be considered as the basic reference text to inform the national policy on gender equality.

16.The first priority area is to promote women’s employment and their carrier’s advancement in all sectors through the implementation of effective measures dealing with a proper life-work balance and a more articulated sharing of caring responsibilities within the family, especially families with children. In this regard, the aim of the relevant policy is to improve the reorganisation of this sector by favouring flexible labour options, which do not penalise women’s career advancement while reconcile work, personal and family life.

•Among the most important interventions, smart-working opportunities in public and private sectors are worthy of mention: they are oriented towards results, regardless of the physical place where the work is carried out.

17.With regard to women’s under-representation in science and research fields, especially in top positions, this limits the potential for research and development and is perceived as an obstacle for the economic growth. For this reason, as explained in the 2019 Directive, targeted interventions will be expanded with the aim of encouraging awareness-raising campaigns against gender stereotypes in the early childhood education. These actions are particularly directed to improving female students’ access to scientific-technological, engineering and mathematical (STEM) studies, with the additional aim of increasing relevant employment opportunities to tackle a factual under-representation of the gender component.

18.With regard to women’s leadership, the implementation of Act No. 120/2011, on “Equal access to the administrative and control bodies of companies listed on regulated markets” is an on-going policy priority in our Country. This Act establishes that, within bodies of listed companies and public companies, the less represented gender must obtain at least 33% of directors elected by 2015 and sets a target of 20% for the transitional period. By the entry into force, the percentage of women at the top positions of listed companies has increased significantly and is now above 33 %, if compared to about 6% in 2010. As reported in the above 2019 Directive, the relevant policy aims to consolidate this legislation over time, given the results achieved so far, besides supporting female employment and entrepreneurship (especially at small and medium-sized enterprises and start-ups launched by young women) and closing the existing gap in quantity and quality terms, including with regard to gender pay gap.

19.Moreover, with regard to national gender-related policies, mention has to be made of two comprehensive planning-related actions.

20.The Council of Ministers adopted, on 23 November 2017, the National Strategic Plan on male violence against women, for the period 2017–2020.

21.The structure of the Plan follows the so-called “4 Ps” of the Istanbul Convention: Prevention; Protection and Support; Prosecution and Punishing; Integrated Policies. This strategic document promotes a multi-level governance based on the interaction and responsibility of each central, regional and local administration. Two main bodies have been entrusted with the objective to draw up an operational plan of the above-mentioned actions:

(a)The Control Room to define the governmental strategy;

(b)The Technical Committee – set up by Prime Minister’s Decree dated 25 October 2018 and in charge of the preparation of the Operational Plan proposals developed under the above Control Room guidance.

22.In this respect, the first DEO intervention was to develop national guidelines for the training of operators who come into contact with women victims of violence. Seven thematic working groups have been set up, as follows: 1. Police Forces; 2. Health and social care workers; 3. Public and private workers; 4. Legal professionals; 5. School and university staff; 6. Communication professionals; 7. Armed Forces.

23.The Operational Plan, being flexible and dynamic in nature indicates concrete actions to implement the objectives contained in the Strategic Plan. It also indicates the financial resources that the central and local Administrations have indicated to allocate to this end, thus making them responsible of them.

24.The assessment about the creation of new emergency facilities, namely shelter houses for the prompt and timely assistance for women victims of violence, is on-going.

25.Moreover, an ad hoc Group on “proposals and amendments to current legislation” has been set up within which proposals and suggestions for new interventions and/or normative changes are examined.

26.The first National Action Plan against Trafficking in and Serious Exploitation of Human Beings was adopted by the Council of Ministers on 26 February 2016, in line with Legislative Decree No. 24/2014, by which Directive 2011/36/EU on preventing and combating trafficking in human beings and protecting its victims was transposed. This Plan aims at identifying multiannual intervention strategies for the prevention and fight against these phenomena, as well as measures aimed at increasing public awareness, social prevention, emergence, and social integration of victims. Within this framework, a political and institutional Control Room, chaired by the Undersecretary of State in charge of gender equality, was established.

•Under the Control Room, four ad hoc working groups have been created to work on the THB traditional dimensions of ‘Prevention’, ‘Protection’ and ‘Cooperation’, also covering the relation with the protection system for refugees and asylum-seekers.

27.The implementation of this Plan and the results achieved at the national, regional and local levels have been monitored through a specific System of Monitoring and Verification. This NAP reflects a multi-level governance approach encompassing the national level represented by the DEO at the Presidency of the Council of Ministers as well as the operational actions developed, performed and managed both at the regional and local levels.

28.Indeed, many Regions have been involved as Leaders or Partners in the framework of ‘Article 18 assistance programmes’ funded by the DEO along the lines of the FSE (standing for European Social Fund) Regional Operational Plans (e.g. Piedmont, Friuli Venezia Giulia, Emilia-Romagna, Tuscany, Liguria, Marche, Umbria, Lazio, Campania, Calabria, Apulia, Trentino Alto-Adige). In this respect, they provided a great support to victims’ assistance, by implementing professional training; social and employment integration; and social inclusion actions according to a ‘system actions’ approach with the direct involvement of public administrations/ institutional stakeholders (Prefectures, Police headquarters, Carabinieri Corps and financial Police provincial headquarters, health authorities, district public attorney’s offices) and educational institutions, professional associations, trade unions, private stakeholders.

•In support of the Control Room, the Technical Committee, appointed by President of the Council of Ministers’ Decree, dated 10 April 2019, is composed of representatives from central and local administrations, law enforcement, relevant third sector bodies and unions.

•This Committee will have to support the Control Room in all its functions, primarily by collaboration in the drafting of the new National Anti-Trafficking Action Plan, 2019–2021.

29.As for requests relating to paragraph 23 of the Concluding Observations under reference, with regard to the establishment of an Independent National Human Rights Institution, an important debate is currently taking place in Italy at all levels of the system. Parliamentarians are constantly being made aware of the need for such a body. Before the Chamber of Deputies (Constitutional Affairs Commission) a relevant text was debated immediately prior to the end of the XVII parliamentary term.

30.At the opening of the current XVIII parliamentary term (Legislature), a new Bill (A.C.1323) was submitted in July 2018, which is under examination since November 2018 before the Chamber of Deputies (Constitutional Affairs Commission). Moreover, on 5, 6 November 2018, an important event took place in Trento, on “A National Human Rights Institution for Italy: Challenges And The Way Forward”, jointly organized by CIDU and University of Trento, followed-up by another meaningful event in Rome, on January 31, 2019, at the Chamber of Deputies, with a relevant Seminar organized by the Centre for Studies in International Politics (CeSPI).

III.Conclusion

31.Following the (last) VII periodic report’s oral presentation-2017, we take this opportunity to express our gratitude to the UN CEDAW Committee for its Concluding Observations and, more generally, for our constructive dialogue.