Type of pension

2007

2008

Number

%

Overall amount

Average amount

Number

%

Overall amount

Average amount

Millions of euros

%

euros

I.N. (a)

Millions of euros

%

euros

I.N. (a)

Disability , old-age and survivor’s pensions

18,641,610

78.6

210,259

90.2

11,279

114.8

18,626,737

78.3

217,216

90.1

11,662

115.1

Injury

976,679

4.1

4,256

1.8

4,357

44.4

951,264

4.0

4,424

1.8

4,651

45.9

Welfare

4,102,489

17.3

18,461

7.9

4,500

45.8

4,225,853

17.8

19,469

8.1

4,607

45.5

Total

23,720,778

100

232,976

100

9,822

100

23,803,854

100.0

241,109

100.0

10,129

100.0

(a) Total index number =100 .

21 8 . With reference to regards pensioners ( table 2) , it can be observed that in 2008 the number of pension holders, was almost 16.8 million, a figure only slightly higher than in 2007 (+0.04%). The number of pensions per capita was 1.4. Although the proportion of women pension holders was 53%, men received 56% of pension income due to the higher average amounts of their pensions (€17,137 compared to an average of €11,906 for women).

Table 2 Pensioners and gross annual overall amounts of pension income , by sex, 2007-2008

2007

2008

Number

Amount

Number

Amount

Sex

A.V.

%

Overall (Millions of euros)

%

Average (euros)

I.N.

A.V.

%

Overall (Millions of euros)

%

Average (euros)

I.N.

Men

7,875,936

47.0

130,403

56.0

16,557

119.2

7,904,229

47.1

135,456

56.2

17,137

119.3

Women

8,895,668

53.0

102,573

44.0

11,531

83.0

8,874,142

52.9

105,653

43.8

11,906

82.9

Total

16,771,604

100.0

232,976

100.0

13,891

100.0

16,778,371

100.0

241,109

100.0

14,370

100.0

( a) Total index number =100

Health

[Question No. 26.] In its previous concluding observations, the Committee requested the State party to provide information on the health-care policies in place for women in the south and policies to prevent HIV transmission between adults, including the impact of these measures. Please provide additional information on these issues in order to fully address the Committee’s recommendation.

21 9 . Within the broader scope of our focus on women’s health problems, the Superior Institute on Health (Italian acronym, ISS) has been coordinating the Strategic Programme funded by the Ministry of Health, since 2009. It is named “Gender medicine, a strategic objective for public health: appropriate care for the safeguard of women’s health.”

2 20 . The main objective is to conduct research activities in pre-clinical, clinical, sociological and economic contexts in order to:

a) supply a basis for a public health planning and development that takes into account gender differences and that protects women’s health specifically so as to achieve appropriate care

b) examine gender-dedicated prevention protocols

c) draw up guidelines specifically for the female gender

d) examine the influence the environment and the female role have on health so as to suggest practical measures (for additional information, please see also replies to questions 29 et ff. below).

2 21 . In particular for problems related to HIV/AIDS, in 1987, the dedicated institution of the National AIDS Committee allowed research, assistance, information, training and communication activities on HIV/AIDS to be harmonized and monitored throughout the national territory.

2 22 . Since 2006, along with the Voluntary Councils that exist within the Ministry of Health, the focus has been put on setting up of a National Register of new HIV infections and drawing up guidelines for therapy and diagnosis, as well as developing action projects aimed at vulnerable populations, including women. In 2009, a special project was launched; it is funded by the Ministry of Health, and headed by the National Institute for the promotion of the health of migrant populations and to combat poverty-related diseases (INMP). It is a project for a “ social-health experimental study to foster prevention, diagnosis and continuity in the care of HIV/AIDS infections and co-infections in socially and economically less favoured groups ” . Unti l 2008, there was no working national monitoring system for new HIV infections, and this reduced the possibility to have an accurate analysis of the epidemiological situation of HIV/AIDS infection, both among autochthonous subjects at high risk of social exclusion and among immigrants. According to the data supplied by the ISS in April 2009, the percentage of patients with an HIV positive diagnosis near (less than six months) or concurrent with an AIDS diagnosis proved to be greater than 50% and higher among foreigners than the Italian population.

2 23 . The study therefore turned to people living in social discomfort, the homeless, immigrants (especially if illegal) and other groups at risk of poverty such as women who are victims of trafficking, prostitutes, transsexuals and drug addicts. Certain characteristics that are peculiar to these populations partly prevented a real analysis of the phenomenon from being completed and specific HIV/AIDS infection prevention, diagnosis and care programmes from being drawn up, and also hampered continuity in the therapy treatment. In the light of these considerations, two important priorities have been identified for future public health action in the context of HIV/AIDS infection:

- to achieve an overall reduction in the number of HIV infected persons who are not aware of their state in the shortest period of time possible;

- to implement specific treatment that guarantees continuity in therapy for the prevention, diagnosis, treatment and follow-up of opportunistic infections and co-infections to facilitate access to health services for persons at the highest risk of social exclusion in general and for women in particular.

[Question No. 27.] Paragraph 413 of the report indicates that breast cancer is the most common cancer and cause of death among women and that the National Plan of Prevention and the organization of screening programmes have achieved significant results. However, it also mentions that in southern Italy over 60 per cent of women in the targeted population do not have access to mammograms even within organized programmes. Please provide information on the steps taken in this regard.

224 . This organized screening programme is considered a basic level of health care (LEA) for resident women aged 50-69:

22 5 . The fight against breast cancer is considered one of the priorities of public health in the 2010-12 National Prevention Plan, approved by an Agreement between State/Regions and Public Administrations dated 29  April 2010 and in the “Technical Guideline Document to reduce the cancer burden” for the years 2011-2013, which is on the table of the State/Regions Conference.

226. 2010-12 National Prevention Plan : Its health objective is to reduce the cause-specific mortality rate for women and it envisages strengthening and improving screening programmes for women aged 50-69; it also gives innovative objectives for the definition of differentiated prevention according to the individual risk of each woman.

227. Technical Guideline Document to reduce the cancer burden for the years 2011-2013: Planned action includes: extending organized screening programmes, for mammary cancer, by halving the percentage difference between the increase in calls observed and that expected (total coverage of the target population); increasing and improving the quality of screening programmes organized by the regions as defined by the set of indicators agreed by the National Screening Observatory and the regions’ coordination, by using the National Prevention Plan instruments and the limited regional Health Fund quotas; making the population programmes for mammary cancer screening sustainable by redesigning opportunistic screening; defining a national programme, in agreement with the regions, to experiment innovation in organizational models for screening programmes.

22 8 . The data concerning the organized screening programmes are collected by the National Screening Observatory (Centre for screening monitoring), at the request of the Ministry of Health. The data relating to the 2009 activities are listed below. They confirm that the Regions in the South do not respect the LEAs.

Region

Resident population (ISTAT)

2009 target population* (minus those excluded)

Women aged 50-69 who were contacted

Women who responded

% of women called in the targeted population

% of women in the targeted population who responded

Abruzzi

163211

80438

36196

18358

45,0

22,8

Basilicata

69322

34661

41507

19295

119,8

55,7

Calabria

232164

112893

70717

18123

62,6

16,1

Campania

652290

317506

111689

31891

35,2

10,0

Molise

38871

19387

19172

10510

98,9

54,2

Apulia

493642

246821

127719

55112

51,7

22,3

Sardinia

217200

108436

11364

5187

10,5

4,8

Sicily

599372

297319

32621

11809

11,0

4,0

Total

2466072

1217460

450985

170285

37,0

14,0

The target population is called for a bilateral mammogram every two years; for monitoring purposes, it is assumed that every year the target population will be half the resident population that is entitled to be included in the screening programmes. Some women are excluded from the call system for pre-defined individual reasons.

22 9 . As for measures taken to eliminate the differences detected in the implementation of the screening programmes, basically, the non-compliant Regions are given special help. To this end, v arious measures have been taken.

230. The institutional structure deriving from the 2004-6 and the 2007-9 National Screening Plans have already made it possible to offer routine help to Regions, it is supplied by the national screening Observatory in the form of:

(a) producing assess ment data and supplying reports;

(b) organizing training and audit events to improve technical, professional and organizational quality.

231. The 2007-09 National Screening Plan defined the extraordinary needs of the southern regions, historically the most backward ones in offering screening programmes, and promoted specific projects to improve the shortcomings detected and the funding linked to achieving the objectives (these projects are assessed by the CCM Scientific Committee).

232. The CCC has also funded a specific programme to support regional infrastructures, which is ongoing and is aimed at the same Regions in the South and the Islands .

233. Finally, extending the screening programmes has been included as an indicator of LEA compliance and therefore it contributes to the assessment of Regions’ access to the 3% reward quota of funds for health services.

234. To the above we must also add a project that was funded recently (2010) by the CCM to implement a national site-visits programme, entrusted to the National Screening Observatory. However, there is still a problem in too many Regions regarding regional planning and business management, which is often linked to the more generalized problem of fund allocation that the Pact for Health in any case reserves for prevention.

[Question No. 28.]Please provide information on legislative changes envisaged to regulate medically assisted procreation techniques as a response to the ruling of the Constitutional Court No. 151 of 2009, in which the Court considered certain rules of Act No. 40 concerning medical infertility treatment as illegitimate, since they provide excessive protection of the embryo, to the detriment of the right to health as embodied in articles 3 and 32 of the Italian Constitution, respectively.

23 5 . In judgement No. 151/2009, the Constitutional Court declared that – the wording of the text of the judgement follows – “art. 14, paragraph 2 of law n. 40 dated 19 February 2004 is constitutionally unlawful, the unlawfulness being limited to the words «to a single and simultaneous implant, in any case not exceeding three»” and “ art. 14, paragraph 3 of Law n. 40 dated 2004 is constitutionally unlawful, the unlawfulness being limited to the part that does not provide for the transfer of embryos, to be carried out as soon as possible as laid down in this provision, and which must be carried out without prejudice to the woman’s health”.

2 36 . Judgement No. 151/2009 of the Constitutional Court does not introduce any further legislative modifications to law 40/2004. Indeed, in Italy , Constitutional Court judgements that accept constitutional challenges explain their effect erga omnes, thus normally entailing the revocation of the provisions declared to be unconstitutional, and therefore their (retroactive) expunction from the legal system, as of their very entry into force. In exceptional cases, instead of expunging the provisions from the system, the Court’s judgement that accepts the constitutional challenge may introduce new ones, when these are the only constitutionally admissible provisions (so-called additive judgements).

2 37 . The effects of judgement 151/2009, as usually happens for Court judgements that accept constitutional challenges, are self-explanatory and the Italian legislative bodies are not called to implement what is stated in the judgement in any way, as the effects are produced automatically.

2 38 . It follows that, as per decision n. 151/2009 of the Constitutional Court , art. 14 of law n. 40/2004 lays down, in paragraph 1 , that “1.  Cryopreservation and suppression of embryos is prohibited, without prejudice to Law n. 194 dated 22 May 1978” ; in paragraph 2 that “2.  Embryo production techniques, in consideration of technical and scientific evolution and of Art. 7, Para . 3, shall not create more embryos than strictly necessary...”; finally ,in paragraph 3, that “3. If the transfer into the uterus is not possible for serious and documented reasons of force majeure related to the state of health of the woman not foreseeable at the time of fertilization, cryopreservation of these same embryos until the transfer date, which must be carried out as soon as possible, is allowed” “ without prejudice to the woman’s health” .

2 39 . Therefore, as underlined also by the Constitutional Court itself in judgement n. 151/2009 (§.6 of the Legal Arguments), the “general principle of prohibiting cryopreservation” confirmed by paragraph 1 of art. 14 of law n. 40/2004 is still in force in the Italian legal system, (see also Constitutional Court order n. 97/2010). The decision of the Constitutional Court has in fact extended the possibility of derogations from this prohibition, while retaining however “the principle whereby production techniques shall not create any more embryos than is strictly necessary, as assessed and defined by the physician in each single case”, but excluding “the compulsory single and simultaneous implant and the maximum number of embryos to be transferred” (as the Constitutional Cour t itself stated in judgement n.  151/2009, §. 6 of the Legal Arguments). Moreover, the Constitutional Court decision laid down that “the transfer of embryos must be carried out as soon as possible”, as laid down in paragraph 3 of art. 14, “and must be carried out without prejudice to the woman’s health” (as stated by the very Constitutional Court in judgement n. 151/2009, §. 6 of the Legal Arguments). Therefore, there is no change to art. 13 that prohibits all experimenting (paragraph 1), clinical and experimental research not for therapeutic ends (paragraph 2), and all forms of selection for eugenic aims (paragraph 3-b) on all human embryos.

Disadvantaged groups of women

Rural women

[Question No. 29.] Unlike previous periodic reports, the current report provides information in relation to article 14 of the Convention on rural women that is, however, very limited in scope. Therefore, please provide additional information on the particular impediments faced by rural women in the full and equal enjoyment and exercise of their rights under the Convention, including how these are addressed.

2 40 . Over the past fifty years, rural Italy has been affected by profound changes that have led to a reorganization of social and economic processes. Depopulation, the progressive ageing of the population and poor maintenance of the territory have made these areas more vulnerable and over the years have accentuated the processes of depletion of human and natural resources. Consider that in the same period, the Italian rural population has decreased by about 10%. Farming, which has always been the main source of employment, has undergone sharp decline, losing more than 12 million workers.

241 . On the other hand, in recent decades, because of the effects of economic globalization, and with encouragement from European policies for rural development, Italian rural areas have experienced elements of recovery - though patchy - that have led to a revaluation of rural life, as well as a more positive perception of life in rural areas. Thus, new paths of development have taken hold, based on integrated and participatory approaches, oriented to promoting the multi-functionality of agriculture and diversification of production activities. These processes require specific characteristics, such as greater flexibility, self-programming and creation of networks, features more congenial to women. One example is the implementation of the Community Leader Initiative, which has presented the opportunity for many rural women in Italy to play a leading role in the implementation of local development processes.

2 42 . The problem also exists on a Europe level, and not just in Italy . Today there is still a lack of reliable data on the economic and social situation of women and their entrepreneurial involvement in Italian rural areas. The lack of information in this area limits the possibilities to plan interventions to meet the actual needs of rural women: in fact, though it is addressed in various intervention programs, the gender issue in rural areas still remains largely a matter of principle, more formal than substantive.

231. Demographic framework. From a demographic standpoint, Italians living in rural areas make up about 20% of the national population, distributed over an area of approximately 70% of the country. According to ISTAT figures, in 2009 rural women numbered about 5.8 million, which represented 18.7% of Italian women.

Resident population by gender and area (INEA processing of ISTAT figures)

Rural areas

Other Areas

Total Italy

Rural areas

Other Areas

Total Italy

Men

%

2005

5 540 127

22 986 761

28 526 888

19 . 4

80 . 6

100 . 0

2006

5 542 600

23 175 841

28 718 441

19 . 3

80 . 7

100 . 0

2007

5 577 298

23 372 449

28 949 747

19 . 3

80 . 7

100 . 0

2008

5 600 499

23 551 924

29 152 423

19 . 2

80 . 8

100 . 0

2009

5 605 446

23 681 957

29 287 403

19 . 1

80 . 9

100 . 0

Women

2005

5 738 168

24 486 655

30 224 823

19 . 0

81 . 0

100 . 0

2006

5 738 272

24 674 574

30 412 846

18 . 9

81 . 1

100 . 0

2007

5 775 472

24 894 071

30 669 543

18 . 8

81 . 2

100 . 0

2008

5 799 958

25 092 687

30 892 645

18 . 8

81 . 2

100 . 0

2009

5 807 299

25 245 626

31 052 925

18 . 7

81 . 3

100 . 0

Total

2005

11 278 295

47 473 416

58 751 711

19 . 2

80 . 8

100 . 0

2006

11 280 872

47 850 415

59 131 287

19 . 1

80 . 9

100 . 0

2007

11 352 770

48 266 520

59 619 290

19 . 0

81 . 0

100 . 0

2008

11 400 457

48 644 611

60 045 068

19 . 0

81 . 0

100 . 0

2009

11 412 745

48 927 583

60 340 328

18 . 9

81 . 1

100 . 0

244 . With regard to only the rural population, just over half (50.88%) were women in 2009. This value does not differ from 2005 (when women accounted for 50.87%), whereas it is more than one percentage point higher than that recorded in the census of 2001, when women accounted for 49.1%. In any event, in the last five years, compared with an increase of the rural population of 1.1%, there are no significant changes in its distribution by gender.

Population living in rural areas (INEA processing of ISTAT figures)

Rural

Centre-North

South

Italy

Centre-North

South

Italy

Men

2005

3 416 435

2 123 692

5 540 127

61 . 7

38 . 3

100

2006

3 426 661

2 115 939

5 542 600

61 . 8

38 . 2

100

2007

3 459 853

2 117 445

5 577 298

62 . 0

38 . 0

100

2008

3 484 547

2 115 952

5 600 499

62 . 2

37 . 8

100

2009

3 491 712

2 113 734

5 605 446

62 . 3

37 . 7

100

Women

2005

3 105 131

2 633 037

5 738 168

54 . 1

45 . 9

100

2006

3 115 086

2 623 186

5 738 272

54 . 3

45 . 7

100

2007

3 148 803

2 626 669

5 775 472

54 . 5

45 . 5

100

2008

3 174 633

2 625 325

5 799 958

54 . 7

45 . 3

100

2009

3 186 646

2 620 653

5 807 299

54 . 9

45 . 1

100

Italy

2005

6 521 566

4 756 729

11 278 295

57 . 8

42 . 2

100

2006

6 541 747

4 739 125

11 280 872

58 . 0

42 . 0

100

2007

6 608 656

4 744 114

11 352 770

58 . 2

41 . 8

100

2008

6 659 180

4 741 277

11 400 457

58 . 4

41 . 6

100

2009

6 678 358

4 734 387

11 412 745

58 . 5

41 . 5

100

2 45 . The reading of the data for macro-areas shows around 55% of rural women living in the Centre-North of Italy, compared with 46% in the South, an area that still has - especially in inland areas - severe developmental problems (low employment opportunities, poor infrastructure, etc.), exacerbated by persistent significant cultural factors that perpetuate very rigid division of gender roles (with women more involved in domestic work and care-giving, and the men in the marketplace for already scarce job opportunities).

2 4 6 . With regard to education levels, data from the last population census (2001) show that rural Italian women are increasingly highly educated and invest heavily in their education: for example, the number of female university graduates has more than tripled (from about 93,000 in 1991 to about 282,000 in 2001), and the number of secondary school graduates has also increased. In addition, a comparison with men shows there are more female than male university graduates. Rural areas in the South show a higher proportion of women with higher educational qualifications (47% of total female university graduates). For many of them, investment in study is their opportunity to attain economic independence and personal autonomy. Unfortunately, for most of them, and especially for women in the South, the search for a more skilled profession requires them to leave their area. Improving their social position, and being able to rely on services to balance work and family, push rural women to move to urban areas (often in the North), where job opportunities are greater and social pressures are not so strong.

2 47 . With regard to gender-based violence in Italian rural areas, there is insufficient information to understand clearly the intensity of the phenomenon. What should be noted, however, is that the isolation of many rural areas, the lack of social services, and the social control exercised over rural women (including immigrants living in these areas of the country), make these phenomena even less visible, and make women even more vulnerable.

248 . Professional conditions. The growth in female employment is a major change in the labour market in rural areas. In recent decades, rural women have in fact assumed a different position, both in terms of amount of activity and employment trends. Nonetheless, though there has been a significant increase in female employment, it should be pointed out that women still encounter many difficulties in their work and professional paths. Often rural women have little knowledge of their rights as citizens and workers, and this makes them even more vulnerable to discrimination.

249. As shown in the table below , which gives data on "Italian rural regions”, a comparison with men shows that there is still a large gap between female and male employment: in 2009, there were 3.7 million women employed compared with about 5.7 million men (based on a balanced distribution of population between the two sexes).

250. In percentage terms, women accounted for 39% of rural employment in 2009, a value that differs little from 2005 (38%). The figures are not much different from those found in the "non-rural Italian regions" where the female employment rate was 41% in 2009 and 40% in 2005. In both cases, values appear to be quite a long way from goals set in Lisbon in 2010 (60%) and even further from the new 2020 target set at the Community level, for an employment rate of 75% for both men and women.

251. Of the approximately 3.7 million rural women in the workforce (2009), only 35.3% live in rural areas of southern Italy . As already mentioned, this is a territory where there is still a strong culture of resistance to working women, tending to maintain the division of roles within couples, but also where companies are more reluctant to hire women (because of mat ernity, family responsibilities etc.). In other words, traditional family structure in the South, the strong links between productive organization and family networks, and the social controls that still influence the behaviour of rural women limit their options for real independence and economic emancipation, resulting in perverse scenarios in backward areas that perpetuate gender inequality.

Population age 15 and over, by gender and professional standing ( ‘ 000; annual average)

(INEA processing of ISTAT figures)

2005

2009

Employed

Persons looking for work

Unemployed

Total

Employed

Persons looking for work

Unemployed

Total

Rural regions

Women

3.526

448

7.075

11.048

3.716

392

7.222

11.330

Men

5.707

404

4.194

10.306

5.715

436

4.410

10.561

Total

9.233

852

11.269

21.354

9.431

828

11.632

21.891

Other regions

Women

5.299

539

8.978

14.815

5.520

553

9.202

15.274

Men

8.030

498

5.164

13.693

8.075

564

5.511

14.149

Total

13.330

1.037

14.141

28.508

13.594

1.117

14.712

29.424

Total Italy

Women

8.825

986

16.052

25.864

9.236

945

16.424

26.604

Men

13.738

902

9.358

23.999

13.789

1.000

9.921

24.710

Total

22.563

1.889

25.411

49.862

23.025

1.945

26.345

51.314,64

252. In 2009, the unemployment rate for women in "rural regions" was 14.3%, compared to 10.26% for men. A comparison with 2005 shows a decrease of about 4 percentage points, as well as a decline in the number of women seeking work (from 448,000 in 2005 to 392,000 in 2009). While this significant reduction may be attributed, in part, to the rise in employment - which often translates into greater instability in the labour market - on the other hand it can be linked to discouraging employment opportunities, particularly in South, where women have to deal with a static labour market, and to an insufficient supply of "reconciliation" services that would ease the burdens of family care.

Unemployment of population age 15 and over, by gender and macro-area ( ‘ 000; annual average) (INEA processing of ISTAT figures)

2005

Men

Women

Centre-North

3,7

6,4

South

12,6

21,7

Total Non-rural regions

5,8

9,2

Centre-North

3,4

6,8

South

10,5

18,2

Total Rural regions

6,6

11,3

Centre-North

3,6

6,6

South

11,4

19,6

Total

6,2

10,1

2009

Centre-North

5,0

7,5

South

11,9

16,9

Total Non-rural regions

6,5

9,1

Centre-North

4,7

6,7

South

10,2

14,3

Total Rural regions

7,1

9,5

Centre-North

4,9

7,2

South

10,9

15,3

Total

6,8

9,3

253. Growth in employment of women is shown for all economic sectors in rural areas. This is also owing to European regulatory relief and financial incentives in these areas. The available statistics (Istat, 2001) show that women are predominantly employed in the education sector (35% vs. 16% for men) and health care (30% vs. 16% for men). This provides further proof of the presence of forms of horizontal segregation in the rural labour market as well. Interestingly, in this context also, only 17% of women work in public administration, as compared to about 50% for men. The latter, therefore, are more successful in the field that offers the greatest guarantee of income. In industry, women account for 30% of work units, most of which are employed in the field of manufacturing (98%). Women are also increasingly present in the artisan sector, actively participating in the revitalization of traditional and local skills.

254. With regard to activities related to forms of tourist hospitality and catering (hotels, campgrounds, restaurants, bars, etc.), they are shown to be a source of new employment opportunities for women. Despite this, however, it must be noted that this area, because of its configuration, mainly offers women part-time or temporary work, taking advantage of women’s flexible work availability, though because of this they have little opportunity to perform meaningful tasks. Therefore, greater effort should be made to ensure better qualification of the role of women in this area. In this regard, it should be noted that, thanks to some Community programs (Equal, Leader), many different learning experiences have been organized, with value added represented by being designed to accommodate women’s time and work/family commitments.

Professional conditions in the agricultural se ctor

255. The agricultural sector accounts for only 3.8% of the active Italian workforce. Of that, 28.3% are women (2009 data), equally distributed between the Centre-North (28.7%) and South (27.9%). Note that the presence of women in agriculture has been undergoing a steady downturn since 2004, when women accounted for approximately 31% of those employed in agriculture. This is part of the physiological decline affecting the Italian agricultural sector in recent decades. It is extremely interesting that there is an inverse process for men, who went from 68.9% of employed in 2005 to 71.7% in 2009. In a society where employment opportunities are steadily shrinking, women are also being shut out of employment opportunities in sectors which, in past years, have been characterized by a strong exodus of the male workforce.

Employed in agriculture (%) (INEA processing of ISTAT figures)

2004

2005

2006

2007

2008

2009

Centre-North

3,2

3,0

3,0

2,8

2,7

2,8

South

7,5

7,2

7,4

7,0

6,7

6,5

Total

4,4

4,2

4,3

4,0

3,8

3,8

Women employed in agriculture to total employment in agriculture (%)

2004

2005

2006

2007

2008

2009

Centre-North

28,9

28,7

28,6

29,9

29,9

28,7

South

33,3

32,4

33,0

31,0

30,2

27,9

Total

31,1

30,5

30,8

30,4

30,1

28,3

Men employed in agriculture to total employment in agriculture (%)

2004

2005

2006

2007

2008

2009

Centre-North

71,1

71,3

71,4

70,1

70,1

71,3

South

66,7

67,6

67,0

69,0

69,8

72,1

Total

68,9

69,5

69,2

69,6

69,9

71,7

256. Behind the statistical data on women's employment in agriculture there remains a complex and diversified working reality: labour involved in harvesting and primary processing of products, often with working conditions that border on illegal (still widespread especially in the South); women who merely act as proxies for family members who are actually employed in other employment sectors; women who work full time in the family yet receive no formal recognition of their role; full-fledged female agricultural entrepreneurs, who often focus on multi-functionality, and thus have managed to build sustainable, competitive farms.

257. A look at ISTAT figures (2007) gives the following picture: about a third of Italian farms are run by women (32.2%). This figure is much lower than for men (67.8%) and this means that, as a consequence, women are not adequately represented in trade associations and public institutions. In this respect, however, it should be noted that, in recent years, there have been some steps forward, thanks to efforts by ONIFA and women's associations created within sector organizations (such as, for example, Women in the Field for the Italian Farmers’ Confederation, Women in Business for Coldiretti).

258. Also worth mentioning, in 2000-2007, unlike in the past, there was a drop in women agricultural entrepreneurs: from 796,000 in 2000 to 632,000 in 2007. The reduction was mainly in areas where subsistence farming is practiced (inland areas, marginal areas). From a geographical point of view, women agricultural entrepreneurs continue to be more prevalent in the South (33% of the total number of heads of farms as opposed to 27% recorded in the North), although in 2000-2007 the difference between the two values dropped by two percentage points (from 7% in 2000 to 5% in 2007). In the South, the majority of women entrepreneurs are concentrated in Puglia , Sicily and Campania .

259. The share of women heads of farms with diplomas or degrees is 5.4%, slightly more than recorded in 2000 (5.2%). The figure varies little between North and South, though it is interesting to note that most of them operate mainly in areas where more profitable agriculture is practiced (areas bordering urban centres, on plains and in hills).

260. The growing commercial value attributed to the characteristics of health and quality of food products, as well as their use for physiotherapy treatment, has made women's contribution to agriculture more visible by offering them a leading role in the management of these farms. This, in turn, has also found support in the active role women are increasingly carving out for themselves in activities that are complementary to agriculture, but increasingly necessary to ensure the profitability of farming (in farm stays, educational and leisur e activities, personal services etc.)

261. Some field surveys show, moreover, that women who choose to engage in agriculture are better prepared to introduce innovations on their farms, starting a slow process of restructuring, retraining and specialization that leads them to improve their positions, in absolute value and in relation to the male collective.

262. With regard to salaried female workers in agriculture, most are between ages 18 and 39 (9,000 units as opposed to 5,000 in 2000). Some are female workers from non-EU countries.

Migrants

263. The deep structural and social transformations that have affected Italian rural areas over the past decades have also led to a loosening of the support networks of family and neighbourhood, a phenomenon that has encouraged the formation of an employment niche (domestic workers, including paid companions for the elderly and disabled) mostly involving women from foreign countries. Not only that, many of them are engaged in agriculture, especially in harvesting and initial processing of products, often without contractual guarantees.

264. It should be noted that their arrival, with their families, in fragile rural areas (mountain areas, for instance) is resulting in the need to reopen services (schools, day care centres) which had been closed because they were no longer needed by a population mostly made up of older people.

265. The development of the ways they enter the workforce in Italian rural areas presents a very complex dynamic that begins with their personal history and reflects the socio-economic characteristics of the area where they work. Above all, it is strongly affected by Italy ’s laws regarding immigration and labour.

266. To date, the problem of integration of migrant women (and men as well) in rural areas is not dealt with in unitary policies, but often left to the initiatives - which are laudable - of non-profit organizations, volunteers and the sensitivity of communities where they live. In places where they are taken advantage of, they are unable to make their particular contribution to the revitalization of the area; where they are truly integrated into the community, the benefits are considerable.

267. By cross-referencing the available statistical sources (ISTAT, Ministry of the Interior, Social Security), it is now possible to estimate that about one-fifth of immigrants in Italy live in rural areas. Of these, the primary sector absorbs 36%, while 27% are employed in domestic and care-giving services. Of course, estimates do not take undeclared and under-the-table work into account.

268. In the agricultural sector, there were about 430,000 female migrant workers in 2008, according to the latest available data, about 41% of the foreign workforce employed in the primary sector. Immigrant women work mainly in agriculture in the South (70%), with peaks of 20% in Calabria and Puglia and 14% in Campania . In these areas there is strong demand for seasonal employment of unskilled workers (mainly harvest crews). Among the regions of the North, those with the highest figures are Veneto (with 4.4%) and Emilia Romagna (with 8.5%), where immigrant women have better contractual conditions.

Immigrants in agriculture in Italy by country of origin and gender (INEA processing of INPS figures)

Women

2006

2007

2008

EU

396.909

418.391

408.285

Non-EU

26.377

21.171

21.766

Total

423.286

439.562

430.051

Men

EU

467.572

528.971

538.113

Non-EU

69.639

63.775

68.952

Total

537.211

592.746

607.065

Women and men

EU

864.481

947.362

946.398

Non-EU

96.016

84.946

90.718

Total

960.497

1.032.308

1.037.116

269. Most female immigrants employed in agriculture are young (47% are under 40), come mainly from Eastern Europe and North Africa , and intend to leave the primary sector as soon as they find the right opportunity. This is essentially because of the harsh living conditions seasonal workers are subjected to (housing with poor sanitary conditions, unreasonably long work hours, low wages, high levels of mobility).

270. It is particularly interesting to note the independent entrepreneurship of female migrant workers in agriculture. About 38% of farms started by foreign nationals are headed by women. This confirms the strong potential of immigration for the primary sector in Italy .

271. The other predominant employment of female immigrants in rural areas is care services (for the elderly, the disabled and children). This phenomenon is related to the demands of local female workers for freedom from time and space constraints, and can also be attributed to the large numbers of old people left alone: it is the long term effect of the continuing migration that has always affected rural areas, especially the most marginalized. These women represent an implicit welfare resource: their work makes up for deficiencies in the public system, which is constrained by increasingly significant funding cuts. These are foreign women who arrive in Italy to work, with no other desire than to send money home. They are often mature women, with families to maintain in their country of origin, whom they hope to rejoin as soon as possible. The temporary nature of their condition makes them willing to accept the most extreme and difficult working conditions, with few demands in terms of needs and little involvement for processes of integration .

272. Another large segment of female immigrants is women who immigrate to Italian rural areas to rejoin their families. Unlike those who work, they are strongly conservative of their own culture and traditions, partly because they tend to devote themselves to the care of family and home. They have limited opportunities to interact with local communities, which working could provide. These women have the greatest problems in integrating but at the same time have the greatest needs, which they often fail to translate into an effective demand for services.

Quality of li fe, services and infrastructure

273. As we have stated, the quality of life for rural women is strongly influenced by the opportunities offered by the local labour market, by the presence of infrastructures and services to the population, by the geographical location of th e area (degree of isolation) and by the division of gender roles.

274. Italian rural areas, especially the most marginalized, still suffer from serious shortcomings in terms of providing infrastructure and services to the population, a deficit increasingly exacerbated by cuts caused by the economic crisis. There is a lack not only of on-site facilities and services, but also in terms of accessibility to those in the nearest urban centres. The morphology of rural areas, the lack of infrastructure and transport services (both road and rail) makes the distances between urban centres and rural areas more burdensome. This handicap is worse in the inland areas of the South, where people must deal with very limited public transport and a poorly maintained system of roads.

275. If we consider that the search for employment often results in the need for rural women to move short and long distances daily, it follows that the poor infrastructure in rural areas results in a deterioration of their living conditions, making it difficult to maintain a family and a job, especially when there is no possibility of delegating part of the family organization to others. Not to be underestimated, also, is the fact that travelling to work is not always a choice dictated by career ambition or the promise of better pay, and often affects segments of the female workforce with low-profile tasks and low wages.

276. Note that, thanks to Community structural and rural development policies, which allocate a portion of funding for projects to improve the quality of life in rural areas, measures have been enacted over the past decade in Italian rural areas to strengthen small basic infrastructure and services (home care services, child care - agri-day care - on-call shuttle transport, etc.). Many interventions have been made thanks to the EU Leader Initiative, which is aimed specifically at encouraging rural development measures which are more affordable for the populations concerned.

277. In order to reduce the isolation of Italian rural areas, the national government has promoted a policy over the last decade to expand the use of new communication technologies, particularly broadband access. Efforts made at the regional level as well have significantly reduced the gap among the various areas of Italy : in 2008, coverage was extended to 81% of rural areas (compared to 89% of urban centres). There is still a large gap between rural and urban areas in terms of DSL, which provides fast Internet connection (in 2008 only 17% of rural areas were covered, as opposed to 89% of urban areas). The extension of new technologies can only strengthen the role of rural women, allowing them to upgrade their networks and thus their wealth of knowledge.

The gender approac h in rural development policies

278. Today, in Italy , there is no specific national policy for rural development. The interventions are regional versions of programs provided for in Community structural, agricultural and rural development policie s (Common Agricultural Policy , R egional Operational Programmes , Re gional Rural Development Plans ).

279. A look at the Rural Development Programmes (RDPs) shows that the gender approach is not specifically addressed in individual regional programmes. More often than not it translates into priorities and rewards criteria in the preliminary stage, and in some cases, information measures specifically aimed at female entrepreneurs, a target of beneficiaries that often cannot be reached through the traditional channels of communication used by public administrations.

280. As mentioned previously, Italian rural areas have been affected over the past decade by processes of territorial policy renewal, which have led to the emergence of development processes that are endogenous, integrated and have broad participation. One example is the experience of the Integrated Territorial Projects (ITPs) and Local Development Plans (LDPs), the latter carried out by local action groups (LAGs) within the Community Leader Initiative. Because of their organizational skills, creative agility and adaptability women have assumed a prominent role, especially at the technical level, in managing these new approaches to development. These are professionals (project managers, o rganisers, administrative staff etc.) who have gained experience in the field and have technical, communication and social skills that allow circular flows of information to be set up and maintained among institutions, enterprises and beneficiaries; these characteristics are increasingly demanded by today’s global economy.

281. As further evidence of this, analysi s of the composition of the 132  LAGs operating in rural areas throughout the country (in the 2000-2007 programming period) shows that 57% of professionals who play an active role in the territory (organization, information, technical support to operators) are women. At the same time, women account for 55% of staff performing administrative and secretarial duties. Certainly, there is still much progress to be made, especially with regard to decision-making structures (in the areas of management and politics). Again there is a gap between the sexes, strongly weighted toward men (there are only five women presidents among the 132 LAGs, and around 9% of administrative board members are women).

Health Policies aimed at women in rural a reas

282. In the context of health policies aimed at the female population in the South, the Ministry of Health has launched the “Systemic action and technical assistance for service objectives – ADI project”, linked to the National Strategic Context (QSN), as per Article 27 of EC Regulation 1083/2006, which is the planning document on the basis of which Italy pursues the objectives laid down in the 2007-2013 Community cohesion policy.

2 83 . This project was launched by the Ministry of Health with the cooperation of the Ministry of Labour and Social Policies and with the Prime Minister’s Department for Family Policies; it is the result of an integrated effort to combine all systemic and technical assistance activities that are consistent with priority number 4 of the QSN, “Social inclusion and services for quality of life and territorial appeal”. One of the strategic objectives of this priority is to increase women’s participation in the labour market, by increasing personal care services; indeed, this would lead to a lighter burden for women within the family and would make it easier for them to reconcile family life with working life.

2 84 . Success in achieving this objective is measured thanks to a series of indicators (the number of day nurseries; children accessing child care services, aged persons receiving integrated home care (ADI), the percentage incidence of expenditure for integrated home care) on the basis of which the percentage changes compared to the base value and the expected value are periodically measured. In line with the above quoted objectives, the Health Ministry with the Ministry of Labour and Social Policies and the Prime Minister’s Department for Family Policies has defined a series of activities and projects aimed at assisting Regional Administrations in the South in implementing activities aimed at achieving service Objective S.06 – Increasing the percentage of aged persons benefitting from Integrated Home Care ADI from 1.6% to 3.5%.

285 . The general objective of the Project is to offer support to the South (Abruzzi, Molise , Basilicata , Campania , Apulia , Calabria , Sicily and Sardinia ) for the programming, planning, rendering and monitoring home care services to people over 65, according to criteria of suitability. The fulcrum of the project is to integrate the health services offered by the ASL districts with the social-care services offered by the local bodies, also thanks to the adoption of joint instruments for planning, managing the services and assessing needs. The project is funded with FAS resources amounting to € one million and presently the first phase has been completed at a cost of € 500,000 take from the fund; to conduct this project, a convention was signed with FORMEZ, to which this Ministry and the other two Administrations entrusted Technical Assistance. At the moment, the project is about to enter into its second biennium (with equal funding) and will be launching joint transversal actions in the 8 regions and specific actions dedicated to each region, on the basis of the objectives reached in the first phase and the regional needs identified for the subsequent activities.

Roma women and migrant women

[Question No. 30.] While the report provides some information on Roma and migrant women, there is no comprehensive picture of the steps taken by the State party to eliminate discrimination against them in the areas of education, employment, health and participation in political and public life, as called for by the Committee in its previous concluding observations. Please provide information on the conclusions of the research entitled “Gender identity and life prospects of women belonging to the Roma community”, referred to in paragraph 128 of the report, and on concrete policy and legislative measures, including temporary special measures in accordance with article 4, paragraph 1, of the Convention, to eliminate intersecting forms of discrimination against Roma and migrant women in the areas mentioned above. Please also provide information on the results achieved through implementation of such measures.

2 86 . In the 2002-2010 period, the Ministry of Labour and Social Policies financed a series of initiatives aimed at generally fostering the socio-economic integration of foreigners, and of immigrant women in particular. In particular it has requested ISTAT , jointly with the Ministry for Equal Opportunities, the preparation of a pilot survey on the degree of integration of women and men foreigners, to be launched in the coming months. In June 2010 the Italian Government approved the “Plan for integration with security: Identity and Mutual Engagement”, promoted by the Minster of Labor and Social Policies and the Minister of Home Affairs.  The Plan summarizes the strategy which, working jointly, the Italian Government intends to follow in matters concerning the integration of immigrants and in a manner that combines security with appropriate reception policies. The Plan sets out the main actions and instruments to be adopted in order to promote effective integration pathways. By this Plan, the Italian Government underlines the role of women as driving force for the integration. The social inclusion of female immigrants is considered the “litmus test” of the degree of integration a society has achieved. The five strands of integration develope d in the Plan are the following : education and learning: from language to values; work ; housing and local governance; access to essential services; and children and the second generation.

2 87 . With the Fund for the social inclusion of immigrants (€ 50 million), established with the 2007 financial law, the Ministry of Labour and Social Policies financed a series of projects presented by Regions, local bodies, and bodies and associations, that regarded the following areas of intervention : housing support ; reception of foreign students ; protection of unaccompanied foreign minor s ; capitalizing on second generations ; protecting immigrant women at risk of social alienation ; spreading the Italian language ; spreading knowledge of Italian laws and of possible paths to social inclusion.

2 88 . In particular, in the area dedicated to women, specific interventions were carried out to protect imm igrant women at risk of social margina liza tion, aimed at: carrying out reception interventions at facilities designed to house women (also with minor children) in conditions of family, work, economic, and/or social distress; creating paths of economic and social promotion of migrant women in distress conditions, also through training, guidance, and job integration, and protection against all forms of gender and ethnic/racial discrimination; developing programmes that foster access to public services (social/health services, educational services, job support services etc.) also through the assistance of cultural mediators; carrying out information campaigns, on various instruments and mechanisms, for the safeguarding of women, aimed at preventing and combating practises and forms of psychological and physical coercion, as well as all manifestations of gender violence, abuse, and blackmail in the home and working environment. In this area of intervention, 11 projects were funded overall, for a total amount of € 3,317,107.46.

289 . Just as significant is the intervention performed in the school sector, where the paths for receiving and integrating foreign students are joined by interventions involving the parents and migrant families in the school’s activities and in the scholastic orientation of foreign students, with a priority on those immigrating recently; these interventions are capable of fostering intercultural dialogue between Italian and foreign students, and their respective families. For this area of intervention, 25 projects were funded overall, for a total amount of € 1,614,013.83 .

2 9 0 . In 2009, the natio nal fund for migration policies was assigned € 27,360,000.00 for carrying out interventions for the social integration of immigrants. Planned interventions chiefly regarded the following: interventions in favour of immigrant women; spreading information on access to public services; Italian language ; and protecting unaccompanied foreign minors. As concerns immigrant women, through a public notice contributions were granted in favour of the subjects entered in the first section of the register of bodies and associations that carry out activities in favour of immigrants, implementing good practises addressing immigrant women. The top-ten bodies were granted funding aimed at repeating the project, for a total of € 400,000.00.

291 . In particular, the courses aimed at learning the Italian language, developed with national funds starting in 2002 (for a total of € 12,889.326) and still being carried out by bodies in the third-sector bodies and the Regions, had women as their privileged targets, considering the greater difficulty they have in accessing education. Upon conclusion of the courses, the students can take examinations to acquire the issuance of certification of knowledge of Italian as a foreign language.

2 92 . As part of the 2007-2013 European Fund for the integration of third-country nationals, Annual Programme 2007, this Ministry developed a project proposal for carrying out an investigation of the experiences of the subjects entered in the Register in the sector of the social integration of foreign women. The objective was to survey and learn which are the subjects that operate in the investigation’s specific sector of interest and to highlight the features of the performed interventions, also in terms of effectiveness and efficiency, while identifying experiences and good practises. The results of the investigation, in addition to providing elements of deeper examination for developing active integration policies especially oriented towards this category of beneficiaries, provide grounds for analysis and impetus for further operative developments for the subjects involved.

2 93 . In order to give effective implementation to foreigners’ complete equality in accessing public health services, the Ministry of Labour and Social Policies promoted information paths in the matter of healthcare, aimed not only at meeting the simple need for medical care, but also at preventing disease, providing assistance in pregnancy and childbirth, the growth of minors, and all those pathologies that derive from conditions of social distress. Towards this end, a convention was signed with the national institute for promoting the health of migrant populations and combating the diseases of poverty (Istituto nazionale per la promozione della salute delle popolazioni migranti ed il contrasto delle malattie delle povertà), for an amount of € 2,000,000.00, having as its purpose the development of a programme of interventions supporting the immigrant population in accessing healthcare services, with particular regard to pregnant women and to minors, through the use of cultural mediators to be inserted in Italy’s local health concerns.

2 94 . Mention should also be made of the pilot project entitled “case alloggio,” (residential homes) developed during the 2003 -2007 period, as part of the national operative programme “Sicurezza per lo sviluppo del Mezzogiorno 2000- 2006” (security for the development of Southern Italy , 2000-2006). Focusing on the performance of professional training actions and aimed at subsequent integration in the labour market, the project addressed refugee women, women entitled to temporary protection measures, women legitimately present on national territory that were in conditions of distress and in a state of pregnancy, and women applying for political asylum. The project made it possible to provide pilot services for the initial reception phase performed in residential facilities, where a complex of services was delivered, aimed at fostering the beneficiaries’ integration at work and in society. These services regarded language and professional training, the active search for housing, support in integrating children at school, and a structured job search. (Twelve casa alloggio residential homes were activated; 23 training courses were held; 469 immigrant women were received, 354 of whom completed the training courses and 142 in tegrated into the working world . )

2 95 . In order to prevent any form of discrimination and promote the development of paths of social inclusion in the Roma communities, this Administration has adopted a series of initiatives aimed at fostering their integration at work and in society, the integration of children in school, and access to housing. With funding from Fondo Nazionale Politiche Sociali 2008 (2008 national social policies fund), a trial programme of interventions was activated, aimed at fostering the integration at work and in society of members of the Rom a community in the regional territories where their presence is particularly significant. Towards this end, specific programme agreements were signed with 4 regional administratio ns (Piedmont, Lombardy, Tuscany and Apulia, for a financial commitment of € 1,920,000), providing for the use of the institutions of apprenticeship and training internship, the activation of information services, orientation and accompaniment at work, and the training of Rom a cultural mediators. These interventions regarded Rom a women in particular.

2 96 . As for health-related issues, within its Prevention policies aimed at the population at risk of exclusion, the Ministry has funded and conducted a project that involved all the Italian Regions: “Migration: reception systems for immigrants, which include medical services and respecting the health rights of these people”; it ended in July 2010 and its results will be published soon. The objectives of this project included drawing up a compendium of all the regional legislation relating to health for immigrants and assessing the impact of local health policies relating to access to services and care.

2 97 . Another project that involves many regions, is “the health of the immigrant population: Monitoring Regional Health Systems”, it has been financed recently and work is under way. Here, the specific objectives of the project include creating a national monitoring system to assess the response capabilities of the SSRs (Regional Health Systems), the efficacy and the efficiency of services and the impact of welfare policies on the immigrant population. There will be a special focus on assessing access to health services for subjects most at risk among immigrants: women and children.

2 98 . The dialogue with the Regions is ensured thanks to the “Immigrants and Health Services” interregional technical group within the health Committee, whose main purpose is to make access to treatment and health care for immigrants uniform throughout the Country. Our Ministry is represented in that group.

2 99 . There are a further two specific projects in the mother and child field aimed at immigrants and they are funded by the CCM: the first one is “the health and safety of the newborn, a guide for immigrant families"; it has been completed and it included the drafting, publishing and distribution in maternity wards of a brochure in 10 different languages (the most spoken among the immigrant population in Italy), entitled "girls and boys of the world”. This brochure is a guide on caring for a newborn in his/her first year of life and it offers useful information on the available services dedicated to child health.

300 . The second one is “Prevention of termination of pregnancy cases in foreign women” and its declared objective is to reduce the number of repeated abortions in immigrant women thanks to action aimed at promoting women’s health and responsible procreation, with the help of the women’s associations that already work in these communities.

301 . In the completed project for the Roma and Sinti populations on “accessibility of health services and education on the health of Roma women and girls: an experimental intervention model”, the idea was to test an intervention method that could be replicated all through Italy, which would bring the public health institutions closer to the Roma and Sinti populations, by making social and health operators responsible for giving guidance on the proper use of territorial health services and actively offering health education. To this end, brochures and specific material have been drafted; they are bilingual (in Italian and Romanian, or in Italian and Romani).

302 . It is worth-mentioning the EU FEI project entitled “Women of Foreign Origin”. In this regard, UNAR intends to promote it through the launch of information campaigns on multiple forms of discrimination against foreign women, to raise awareness of their situation in Italy .

303 . The launch of this campaign is envisaged between February and March, following the conclusion of the public Notice procedure, which will includes a press conference and an ad hoc initiative on the o ccasion of Women’s Day (8 March ).

304 . The information project will be developed by an ad hoc National Working Group ( NWG ), coordinated by UNAR in which relevant organizations will participate.

305 . This group will aim at assisting women of foreign origin to realize their rights, provided that they are victims of multiple forms of discrimination. The linkage between gender, race or ethnic origin will be placed at the core of each communication action. The aim of the relevant project will be to show the specific difficulties to promote gender equality in the event of additional factors causing further vulnerability, such as race, religion or ethnic origin.

306 . The communication s campaign will involve various media, from the traditional communication channels to the new ones, to be launched by UNAR in collaboration with the above NWG to tackle and eliminate prejudices and stereotypes. This c ampaign to be conducted in part n e rship with the above NWG wil l aim at specifically detecting methods to involve women of foreign origin, b y considering their testimonies, and the most appropriate strategies and means (contents, messages and tools) to combat and prevent discrimination against women of foreign origin to protect their human rights.

307 . There will be a widespread communication campaign to be realized by: newspapers; local and national radios; publicity banners at the railway stations; and publicity banners on buses and in the subway.

308 . Between February and March, there will be several publicities to be broadcast by radios and radio news which reaches a 4 million people, per day. There will be also banner s to be displayed on the main sites for relevant associations of women of foreign origin.

309 . Between March and April, the above activities will be developed in particular in Milan and Rome , especially on the occasion of International Women’s Day .

310 . Positive actions aimed at promoting the development of small-sized enterprises and enterprises promoted by women immigrants. To implement Art.7 of Lgs. D. No. 215/03, a new public notice was issued in October 2009 to launch relevant positive actions relati n g to the race or the ethnic origin.

311 . The resources amounted to 900.000,00 Euros. This Notice addressed civil society organizations. The novelty refers to the possibility of partnership with local administrations.

312 . Given the data from the UNAR Contact Center , three areas were to be considered: the above-mentioned enterprises; the prevention and fight against racial discrimination with regard to the youngsters, the support for and the development of associations within the foreigners communities.

313 . Over 300 applications were submitted but 25 projects were financed by UNAR.

314 . As for the first area, UNAR financed 8 projects, amounting to 315 , 943  Euros. In particu lar , one of these projects targeted Roma women living in Scampia, one of the most disadvantaged blocks in Naples . This project envisages specific initiatives in the following areas: a vocational training aimed at setting up a cooperative working in the food sector; and inter-cultural activities.

315 . In this regard, it is also worth mentioning the programme carried out by the Department on Juvenile Justice. Provided that it fully applies the principle of gender equality in line with D.P.R. 448/ 1988 aims at rehabilitating the youngsters conflicting with the law.

316 . In line with the UN Convention on the Rights of the Child, the EU relevant legislation, Act No.354/75, the Regulation 230/2000, there are specific provisions and initiatives for girls and young women. Young girls within the penal system express their discomfort according to modalities other than boys’. In particular from the data, though very little, it has be analysed that crimes refer to alcohol abuse, drugs and violent approach to the community, the latter being a phenomenon among young Roma girls. The relevant system has adopted ad hoc measures accordingly.

317 . In terms of good practices, to help girls build their identity, the young girls under penal measures, including young mothers, are the recipients of ad hoc health-care programs with the support by the local Health-care Departments. Since 1999, it was deemed by Legislative Decree 230/99, that the mother-child health-care sector has to be a priority. In this regard it is worthy of mention, as follows:

- The monitoring of obstetric care needs by those girls within the penal circuit;

- Prevention and protection against sexually transmittable diseases and gender-based cancers;

- Awareness raising campai g n on health for both inmates and penitentiary personnel;

- Enhancement of the pre-natal cou rses at family counselling cent r e s;

- Giving birth in hospital rather than in a detention facility;

- Support for the mental and physical development of the new born.

318. Such objectives were confirmed by DPCM of April 30, 2008 governing the transfer of the penitentiary health care system from the Ministry of Justice to the Ministry of Health.

319 . With regard to the relation between mother inmate and the child, Act No.354/1975 allowed women inmates to bring with them in the detention facility the baby up to the age of three. The following law measures (Act No. 663/1986, and Act No.165/1998), as included in Act No. 40/2001, have widely developed either the postponement of the execution of the detention penalty or alternatively the use of the house arrest measure.

320 . Considering the various factors contributing to make these persons more vulnerable, the Juvenile Justice Department contributed to the adoption of ad hoc “Guidelines on the social inclusion of persons under judicial authority measure”, including a section of juveniles conflicting with law, especially girls:

- prevention, early diagnosis and metal disorders therapy, by involving the juvenile services system and the health care system, in particular those engaged in the mother-child sector;

- mother-child counselling, kindergartens and vocations training for women.

321 . Some examples of good practices. Pontremoli Penal Institute. It has been recently launched the first Juvenile Penal Facility exclusively aimed at taking care of girls, with the aim of elaborating a treatment model to ensure the effective rehabilitation of girls.

322 . In terms of actions to support women and girls victims of sexual violence, the Social Service Office in Bari has developed with EU funds ad hoc training course and mental care actions to be carried out on an individual basis, in addition to ad hoc actions in the field (in particular for high schools students) by setting up labs on the violence against women and on the respect for law.

323 . It has been thus created a network among relevant stakeholders; and ad hoc guidelines have been also elaborated.

324 . Within this frame work, given the low number of women inmates, the presence of women foreigners is worrisome. As a consequence, it has been launched a specific project in collaboration with AICRE to facilitate the social inclusion of young immigrants on danger. It has been thus created an ad hoc communication system, multi-linguistic guidelines, a website, ad hoc meetings, including with the entrepreneurial sector.

325 . To provide a picture of this situation, it is worth-reporting the following data:

First Reception Centres

YearWomen entry % of females

200578021,3

200663918,2

200768020,1

200842520,2

200927519,1

Juvenile Penal Institutes

YearWomen’s entry% of females

200527218,2

200618613,6

200719214,3

200816614,1

200914212,2

Social Care Offices for Juveniles

YearFemales taken into care% of females

2005151012

2006138011

2007153913,2

2008185511,1

2009188110,2

Communities

YearWomen sent to communities% of females

200519915,2

200617016,3

200717618,2

200819715,4

200913312,5

3 26 . To reply to your request concerning the findings of the research on “gender identity”, it was intended to collect information on the living standards, the gender identity and the gender-based relations within the Roma communities living in Rome and Florence .

327 . This research shows that Roma women are the most disadvantaged within their respective communities. The overall living conditions of the Roma communities are evolving. There are opposite stances between new dynamics and old uses, such as the school enrolment and the use of children in begging, the early marriages practice and the relating pregnancies against the request by some Roma women to delay the wedding. Such contradictions stem from the complex setting in which racism-based aggression episodes occurred with the risk of endangering those local projects aimed at the integration of the Roma communities, in particular of Roma women.

328 . On a positive note, those housing and educational policies aimed at moving Roma families from camps to houses and children to attend schools indicate a positive trend.

329. When policies have been focu sed on Roma women, their response has been always very positive (for instance by involving Roma cultural mediators in health-care centres). More generally Roma women show their ability to drive their communities towards the integration process.

[Question No. 31.] In his report on his mission to Italy (A/HRC/4/19/Add.4), the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance recommended that the State party combat the exploitation and abuse of migrant workers, particularly in the agricultural sector, and ensure that appropriate legislation be put in place to protect women migrants working as caregivers and domestic workers. Please provide details on the steps taken in response to this recommendation.

330 . By recalling the previous replies under paras 218-219, Italian Authorities recall as follows: In the conversion into law of Legislative Decree 78/2009 containing anti-crisis measures, specific provisions were introduced for the “declaration of family assistance and support activities” (art. 1-ter, Act No. 102/2009). This provision regulated the possibility of declaring family assistance and support activity, and regularizing the working position of non-European Community workers present on national territory. These workers had have been employed by employers for at least three months prior to 30 June 2009, and at the time of the declaration, still be employed for the needy family support activity or for the assistance activity, for themselves or persons suffering from pathologies or handicaps limiting their self-sufficiency. Data from the Ministry of the Interior show that from 1 through 30 September, one-stop-shops for immigration (Sportelli unici per l'immigrazione) received a total of 294,744 applications, 180,408 for domestic help, and 114,336 for care workers.

331 . In substance, it was a legislative measure in favour of families, with an intervention aimed at helping, as much as possible, to bring out into the open the irregular labour of domestic help and care workers – many of whom women – which is in fact quite widespread in our country.

332 . The top ten nationalities in terms of applications are as follows:

 Ukrainian 37,178 (12.61%)

 Moroccan 36,112 (12.25%)

 Moldavian 25,588 (8.68%)

 Chinese (7.16%)

 Bengalese (6.30)

 Indian (5.96%).

 Egyptian (5.54%)

 Senegalese (4.63%)

 Albanian (3.78%)

 Pakistani (3.66%),

Refugee and asylum-seeking women

[Question No. 32.] In its previous concluding observations, the Committee encouraged the State party to revisit the provisions of Law 189/2002 with a view to removing the current restrictions on migrant women, and adopting laws and policies which recognize gender-related forms of persecution in the determination of refugee status. Please inform the Committee whether steps have been taken in this direction. Please also explain whether the fear of being exposed to female genital mutilation in the country of origin is considered in the State party as a recognized ground for international protection.

333 . By recalling the relevant concluding observations, the above-mentioned legislation (Bossi-Fini Act) does not discriminate on the ground of sex nor it affects migrant women. With specific regard to the recognition of the refugee status, Italy recalls that it ratified the relevant 1951 Geneva Convention, by Act No.722/1954, as later supplemented by other specific legislative measures, especially on asylum-seekers. As for the examination of the application of the asylum-seeker, on an individual basis, the relevant legislative framework does not mention a specific circumstance referring to gender-based persecution, including in the event of fear of being exposed to FGM. However, from a substantial standpoint, the joint reading of Arts.3-10 of the Italian Constitution provide guidance to this end. Article 10 envisages the granting of the refugee status, by laying down “(para.3) Foreigners who are, in their own country, denied the enjoyment of those democratic freedoms guaranteed by the Italian Constitution, are entitled to the right to asylum under those conditions provided by law”. Article 3 envisages the principle of non discrimination, including on the ground of sex, which entails the effective enjoyment of all human rights and fundamental freedoms which cannot be diminished on the ground of sex. Given this framework, the relevant Committees being in charge of determining each asylum-related case will also determine it by considering the above constitutional framework in addition to the relevant national legislation being in force at the time of the examination of each case.

Women with disabilities

[Question No. 33.] The report refers to several legal instruments aimed at ensuring the access of persons with disabilities to the labour market. There is, however, a relevant gender gap with only 1.8 per cent of women with disabilities in comparison to 6.8 per cent of men with disabilities having a job (para. 362). Please explain what measures the State party has taken to tackle this problem.

334 . Act No. 67/2006, on "Measures for the legal protection of persons with disabilities, victims of discrimination" has introduced in our legal system new tools for their protection, in accordance with Art. 3 of the Italian Constitution (principle of non discrimination).

335 . To implement the above Act, Ministerial Decree of 21 June 2007 identifies, through an Inquiry Commission, the associations and organizations that can give legal assistance to persons with disabilities, victims of discrimination, including those relating to the access to the labour market. At present 61 associations have been granted the relevant locus standi.

336 . For ad hoc projects, by a Public Notice issued on February 5, 2010, the DEO financed initiatives on the “Promotion of the equal opportunities for persons with disabilities in art and sport”. In particular the DEO allocated 2.000.000,00 euros for 37 projects.

337 . Italian Authorities launched ad hoc communications and awareness-raising campaigns. In this regard it is worthy of mention the one, entitled “Different abilities but the same will to live”. The message of the campaign was not conceived in terms of compassion. Rather it was intended to send a positive message by which the disability can impede people to do something but not everything.

338 . The campaign was widely carried out through the main media (TV, radio, newspapers) and activities and seminars performed at local level. The DEO also organised several events within the International Day on the persons with disabilities on December 3, 2010.

339 . It is also worthy of mention that the National Observatory on the situation of persons with disabilities, as established pursuant to Art. 3 of Act No.18/2009, chaired by the Ministry of Labour and Social Policies ( the Observatory ’s regulations are governed by Inter-ministerial Decree No. 167 of July 6, 2010. On November 30, 2010, the Ministerial Decree was signed to establish the Osservatorio, which met for the first time in Rome on 16  December 2010).

340 . This Osservatorio is a technical/scientific support and consultative body to develop national policies in the re levant sector (Art.1 of Act No.  18/2009), with specific regard to:

 promoting the implementation of the UN Convention on the Rights of Persons with Disabilities, as signed in New York on 13 December 2006;

 preparing a biennial action programme for the promotion of rights and the integration of persons with disabilities, in the implementation of national and international legislation;

 promoting the collection of statistical data and the performance of studies and research on the issue;

 preparing the report on the state of implementation of disability policies.

341 . Pursuant to Article 33, paragraph 1, of the above UN Convention, the Observatory becomes the privileged body to ensure the implementation of relevant provisions, including those regarding the situation of women and minors with disabilities (Articles 6 and 7).

342 . As part of the Convention between the Ministry of Labour, Health, and Social Policies and ISTAT – which calls for performing statistical and fact-finding surveys on disability – a specific area of research is aimed at the collection of data regarding women with disabilities in Italy .

343 . At the overall national level, 39.9% of those with disabilities entering the labour market were women. This percentage rose in 2009 up to 40.4%.

344 . Women with disabilities are either hired on direct call or through the so-called programmed agreement (convenzione di programma) pursuant to Art.11, paragraph 1, of Act No. 68/99.

345 . In 2009 there was the increase in the former system and the relating collapse of the latter (from 21, in 2008, to 7, in 2009).

346 . Special attention is paid to those companies not subject to the obligation pursuant to Act No. 68/99. In 2009 there was a reduction in the recruitment from 833 to 752 units.

347 . The 2008-2009 period showed the rise in the application of the agreements pursuant to Art.14 of Lgs. D. No.276/03 (from 1 unit, in 2008, to 11 units, in 2009).

Employed p ersons with disabilities over the age of 15, 2005 (Percentage)

Gender

Age group

Male

Female

Total

Without disabilities

15-44

73.3

51.5

62.5

45-64

70.6

39.7

54.9

Over 65

7.5

1.6

4.2

Total

61.0

37.5

49.0

With disabilities

15-44

22.3

13.9

18.4

45-64

24.6

10.4

17.0

Over 65

0.9

0.3

0.5

Total

6.8

1.8

3.5

Total

15-44

72.9

51.2

62.2

45-64

69.8

39.1

54.2

Over 65

6.6

1.3

3.5

Total

59.1

35.2

46.7

Source : Survey on health and use of health services, 2005.

ANNEXES

Annex I: Ministry of Labour

Annex II: ISTAT

Annex III: Ministry of Justice

Annex IV: Ministry of Interior