66.Legal aid at State’s expense allows the poor to take legal action or to defend themselves judicially against the claims of others in civil, penal, administrative, accounting and tax proceedings – free of charge (Law 217/1990 amended by Law 134/2001 and, currently, under part III of Presidential Decree 115/2002).
Reply to paragraph 5 of the list of issues
67.Law 105/2012 introduced relevant changes on armament export control (Law 185/1990), which also considered European legislation, particularly Council Common Position 20087944/CFSP.
68.Accordingly, National Authority on Armament Export (in Italian, UAMA) is now tasked to centralize controls on the whole transfer of military weapons, maintaining the principle that any individual or entity, whether private or public, must seek and receive authorization prior to a transfer of items contained in the national control list.
69.Export authorization procedures were also revised, to increase controls and compliance with international law. This includes assessment on respect for human rights in the Country of destination, as required by Art.2, criterion 2, of Common Position 2008/944 and, since 2014, Art.7 of the Arms Trade Treaty (ATT). According to these procedures, exchange of information between UAMA and the MFA’s Departments in charge of assessing respect for human rights, respect for women and children, disarmament, and non-proliferation, was established on a regular basis. Consequently, a list of arms export destination Countries was established, to be considered: (a) with particular attention; (b) at risk. This list, which is updated every 4 months, presently includes 84 Countries, 22 of which are classified at risk. For each of them, a country profile keeps record of its performance in the field of respect for human rights besides political and military reliability. Country profiles collect information also from international partners, open intelligence sources and research institutes.
70.According to procedures established since 2012, any single request of arms export towards a Country included in the list is submitted to relevant MFA’s Departments, for further risk assessment. Details on final users and other information are also submitted for verification to Embassies and Offices abroad. Moreover, UAMA considers EU partners’ behaviour through the COARM (Working Party on Conventional Arms Export) online system.
71.As requested by Art.7.4 ATT, the above assessment considers the risk that conventional arms are used to commit or facilitate serious acts of GBV or serious acts of VAWC.
72.The risk of diversion, as described by Art.11 of ATT, is also specifically considered. Italy is aware that diversion mainly concerns small arms and light weapons, which is the category most implicated in human rights violation, thus having a multiplier effect on GBV and VAWC. Several licenses have been denied for the above-mentioned reasons.
73.To avoid diversion, Italian legislative system places emphasis on preventive measures, such as assessing political and military capacity of the receiving country; assessing human rights record and the extent of domestic diversion in the Country; verifying the accuracy of information provided by Italian exporting company, including legalization and controls through diplomatic channels of the signature of the declared final end-user.
74.Further measures to prevent GBV and VAWC risks include regular consultation of information sources reporting specific risks in the countries of destination. Main sources of information include the network of Embassies and Offices abroad; other relevant national entities, such as Ministry of Defence; International Organizations, particularly the EU, and the network of research institutes connected to them; CSOs.
75.Next steps to further enhance our assessment on risk of GBV and VAWC may include improving communication, exchange of information and closer cooperation between different State or non-governmental entities fighting GBV, abroad. For example, Italian Development Cooperation – since 2016, being implemented by an independent Agency – has a long-standing relevant experience.
76.The EU has also supported many DDR projects. A wider sharing of experience among different actors may contribute to establish better awareness and encourage a more comprehensive approach also in terms of arms export control, within Article 7.4, ATT’s scope.
77.Towards a result-oriented new Fourth National Action Plan (NAP) on Women, Peace and Security, 2020 – 2024, together with the specific Open-Ended Working Group-1325 – the latter, established with an inter-ministerial, inclusive and participatory approach –, we intensively worked by streamlining the previous NAP in light of the first and second editions, as well as of all relevant international and regional standards and instances, including UNSDGs, particularly SDG 5 and SDG16, CEDAW Convention and CEDAW Committee’s General Recommendation No. 30. By considering UNSCR1325(2000) 3Ps, this new NAP also pays specific attention to children, especially girls, to protect them during armed conflict and post-conflict, in light of Italy’s relevant open pledge presented at 33rd International Conference of Red Cross and Red Crescent (December 2019) (www.cidu.esteri.it).
78.Law 125/2014 on international development cooperation explicitly includes gender equality among fundamental principles and purposes of development cooperation (Art.1).
79.Italian Cooperation’s three-year cooperation programming and policy orientation plan, 2019/2021, also confirms the commitment to gender equality and women and girls’ empowerment.
80.Italian Cooperation’s strategy is based on 2030 Agenda’s five pillars. In 2020, Italy adopted Guidelines on gender equality and empowerment of women, girls and children in international cooperation (2020/2024), to achieve institutional cultural transformation that involves all Italian system’s actors, putting into practice gender mainstreaming mechanisms.
81.Of relevance is systematic use of qualitative indicators (so-called Gender Policy Marker of OECD-DAC); integration of gender analysis in all planning documents; collection of sex-disaggregated data; and construction of a solid gender-sensitive result-based management system.
82.In the programming phase, Italy will ensure a twin-track approach to allocate at least 10% of funding to specific initiatives for gender equality’s promotion and to ensure gender mainstreaming in other initiatives. The Guidelines for mainstreaming disability and social inclusion in aid projects (2018) stresses the need to consider multiple discrimination.
83.By recalling Q.2., Parliamentary Commission of Inquiry on Femicide, tasked to monitor concrete implementation of Istanbul Convention, at its June 17 2021 session, approved the report on “GBV and domestic violence in the judicial reality”, which reproduces analysis of the investigations conducted at Public Prosecutor’s Offices, ordinary courts, supervisory courts, CSM, Higher School of the Judiciary, National Bar Council, and psychologists’ orders.
84.ISTAT indicates that homicides of women are stable over time, unlike data on men’s homicides, which is continuously decreasing since 1990. In 2019, there were 315 homicides (345 in 2018): 204 men and 111 women; 19.7% (of which 17.6% male and 23.4% female) are foreign victims. In 2020, there were 116 killings of women and 170 of men. Number of family-related and intimate partner-related homicides is increasing: 150 in 2019 (47.5); 93 victims were women (83.8% of the total female homicides). Gender differences are however strong: family or intimate partner-related homicides account for 27.9% of the total homicides of men and 83.8% of those ones concerning female victims (fifteen years ago, the same figures were 12.0% and 59.1%, respectively).
85.Firearms is not the most typical way to kill a woman: of 116 women homicides in 2020, 34.5% were killed with a knife, 25,9% with a firearm, but it is high the percentage of women killed with beatings and the only use of hands (12.9%), or with improper weapon (8.6%). 18,1% are killed in other ways, for instance by asphyxiation and suffocation; only a few are poisoned. On the contrary, men are often killed with firearms: 42.4% (72 cases out of 170).
86.In court proceedings, defendants for homicide in ‘relational contexts’ are increasing (246 in 2010, 271 in 2018) (Annex 5.1 et ff.).
Reply to paragraph 6 of the list of issues
87.By recalling previous reporting cycle, DEO at Presidency of Ministers’ Council (PCM) has been responsible since 1997 for guidance, proposals, and coordination of normative and administrative initiatives to support women’s HR; prevent and eliminate all forms of discrimination, combat VAW, exploitation and THB, as well as all violations of fundamental rights to person’s integrity and women and girls’ health.
88.DEO plays a guiding and supporting policy role on gender equality issues, based on annual planning with objectives, deadlines, lines of action, implementation criteria and monitoring and evaluation systems defined by the competent political Authority, through the relevant annual guidance directive. This tool, within a coherent strategic framework, makes it possible to systematize the various legislative initiatives and inter-sector and inter-institutional policies for the promotion of gender equality and to implement the ensuing systematic monitoring and evaluation processes, in collaboration with competent central and local Administrations: Monitoring and supervision of equal access to administrative and control bodies of publicly controlled companies pursuant to Legislative Decree 175/2016; Monitoring and evaluation of State Budget from a gender perspective and preparation of the Annual Report to Parliament, on its implementation. This tool allows for assessing the different impact of policies funded by the State, on women and men, in terms of money, services, time and unpaid work. The Report to Parliament provides an analysis of the level of gender integration in State budget, the connection among gaps, actions and policy responses, by annual survey and reporting; Annual reporting on Red Code’s implementation on combating all forms of VAW, following the adoption of specific legislative measures aimed at strengthening the national governance system for the prevention and repression of this phenomenon; Summary of the hearings of competent political authority or of representatives of the public and private system within competent parliamentary bodies, such as Parliamentary Commission on Femicide; Annual report to Parliament and Auditors’ Court, on gender equality prepared by the competent political authority and DEO; Art.10 of Decree 150/2009 envisaging that the annual performance report must show the final organizational and individual results achieved in relation to individual programmed objectives and resources, with a record of any discrepancies, and the gender balance achieved.
89.A first experimentation of gender budgeting was conducted in 2016. The methodology adopted follows the indications of June 2017-Decree and the more detailed criteria identified in subsequent Circulars of State’s General Accounting Office (most recently, Circular 7/2020 on “Gender budgeting. Guidelines and start of activities relating to General State Accounts–2019”).
90.Legislative Decree 116/2018 strengthened gender budget function, emphasizing opportunity for it to be used as an information basis for promoting gender equality through public policies, redefining and reallocating resources accordingly, while considering performance of equitable and sustainable well-being indicators (acronym in Italian, BES) included in Economic and Financial Document (acronym in Italian, DEF).
91.The above reconstruction is the basis, within National Strategy for Gender Equality 2021–2026, of governance system of gender equality policies, to be strengthened by an inter-institutional Steering Committee and a National Observatory for gender policies’ integration.
92.The Steering Committee, chaired by Ministers’ Council President or by the delegated political Authority, will liaise among different administrations. The above (technical) Observatory supporting Steering Group, has been established at DEO, by Ministerial Decree dated 4 February 2022, to implement and monitor this Strategy.
93.Information on monitoring this Strategy’s implementation will be acquired by DEO, also by a web-based information system developed to this end. Specific attention will be paid by this system to role and contribution of relevant NGOs.
94.Department for Family Policies started in 2020 an inclusive and participatory process that will end with new National Plan on Family, 2022–2027 (presumably, by July 2022). The process started with support from National Observatory on Family. Re-established by Minister for Equal Opportunities and Family Decree dated 24 January 2020, this Observatory has worked in 4 groups, to thoroughly examine four main topics related to family, which will represent main areas of intervention of the new Plan also in line with CEDAW: demographic issue; relation between genders and generations; inequality issue; employment from a gender perspective. This Plan is intended as shared document gathering the different needs of our Country’s social fabric, including through organization of the National Family Conference, every two years.
95.On 3–4 December 2021, the above Department organized Fourth National Conference on Family. By capitalizing on the above Observatory’s work, between July and September 2021, this Department organized preliminary webinars to discuss most significant issues raised in WGs. Such issues also became the subject for public consultation on Government’s platform “ParteciPA”.
96.Measures in support of families and PwDs include:
•The Single and Universal Allowance, being an economic support to families, allocated for each dependent child until the age of 21 (if certain conditions are met) and without age limits for children with disabilities (Q.17);
•Single-income or unemployed single-parent bonus. Law 178/2020 establishes a Fund for unemployed single parents or single-income earners. The allowance, up to 500 Euros, is a monthly contribution acknowledged in presence of children with disabilities;
•Fund for non-self-sufficiency – Strengthening assistance, services and independent-living projects for persons with serious disabilities and non-self-sufficiency and for the support of those who take care of them. By Law 234/2021, this Fund is supplemented by 100 million Euros, for 2022; 200 million Euros, for 2023; 250 million Euros, for 2024; 300 million Euros, starting from 2025;
•Fund for assistance to persons with serious disabilities without family support (“Dopo di noi” Fund) – Strengthening accompanying paths for leaving family unit of origin and for deinstitutionalisation of persons with very serious disabilities. This Fund also finances interventions in support of home care and programs to increase awareness, empowerment and development of skills for the management of daily life and for the achievement of the highest possible level of autonomy. By Law 178/2020, for each of the years 2021, 2022 and 2023 this Fund is increased by 20 million Euros, for a total of 76 million for each of the years 2021, 2022, 2023;
•Fund for family caregivers – This Fund finances legislative interventions aimed at recognizing social and economic value of non-professional care by family caregivers. By Law 178/2020, “Fund for family caregivers” is established for a total of 90 million Euros, from 2021 to 2023;
•In terms of inclusion policies, mention should be made of Fund for policies for PwDs for implementation of legislative interventions that will reorganize disability support policies. By Law 234/2021, this Fund is increased by 50 million Euros annually, from 2023 until 2026;
•Fund against discrimination – will be used to finance activities to promote women’s and gender freedom and activities to prevent and combat forms of violence and discrimination against PwDs. By Law 178/2020, “Fund against discrimination and GBV” is established, with endowment of 6 million Euros in total from 2021 through 2023;
•By Law-Decree “Supports”, dated March 19, 2021, a Fund for inclusion of PwDs is established with an endowment of 100 million Euros. By Law 234/2021, this Fund is financed by 50 million Euros for 2022 and 2023; and initiatives dedicated to people with autism spectrum disorder are included among intervention’s areas.
97.In all central and local public administrations, CUGs-Single Guarantee Bodies (in Italian, Comitati Unici di Garanzia) have been established (Please refer to previous reporting cycles).
98.Art. 48 of Legislative Decree 198/2006 requires public administrations to draft a plan every three years, outlining situation of personnel in terms of gender, in which presence of women must not be less than 1/3 and in which to indicate, inter alia, actions to remove obstacles that de facto prevent full realization of equal opportunities between men and women. In this context we also find information on tools that Administrations put in place for family reconciliation (thus representing indirect information on how family policies are applied).
99.As mentioned under previous reporting cycles, Equality Councillors oversee application of this requirement, through formulation of an opinion; the failure to send the Councillor, the above Plan makes it impossible for administrations to hire new personnel (Art. 6.6, Legislative Decree 165/2001).
100.At MIC, Observatory for gender equality, with advisory and support functions in the areas of this Ministry’s competence was established, besides identifying best practices, promoting relevant research, and monitoring. Moreover, Ministerial Decree 296/2021 provides for inter alia Priority III on support for entertainment, cinema and audiovisual, aimed at promoting planning for younger generations and strengthening tools to ensure gender equality.
Reply to paragraph 7 of the list of issues
101.By recalling previous reporting cycles, the overall situation regarding women’s representation in leading positions at the political, economic, and social levels has improved significantly, mainly thanks to progress in terms of female participation in boards of directors.
102.To promote greater and fairer representation of women in economic leadership roles, National Strategy for Gender Equality, 2021–2026, measures inter alia:
•Share of women in listed companies’ boards (currently, 38.8%);
•Share of women in top and management positions (currently around 24%).
103.Participation in top public administration bodies is more or less in line with European average at a national level (with around 35% in Government and Parliament). By contrast, the gap at regional and local authority level is still higher (below 20%), partly due to a lack of rules and less media attention. To ensure fair representation of men and women in different institutional and government levels by promoting equal access to political representation, the following are measured:
•Share of women appointed in public entities, Independent Authorities and judiciary bodies;
•Share of women in regional Councils (out of the total number of elected members – currently about 21% on average);
•Number of regional electoral laws, including gender equality principles, both in the electoral lists (i.e. gender requirements in the composition of the lists) and voting (e.g. gender preference or double preference), as defined by Law 165/2004 (according to feedback from Italian Senate presenting Note 220/2020: to date, only 15 regional Councils apply these principles);
•Share of women in the councils and governing bodies of municipal and provincial governments, as well as in companies and institutions that depend on them.
104.Initiatives related to the strategic priority on Power are:
•Raising quotas under Golfo-Mosca Law (Act 120/2011), with possible extension to other companies;
•Introducing mandatory transparency and publication of short-lists (i.e., lists of candidates being considered for the final selection phase) for top management levels as well as pipelines for listed companies;
•Implementation of legislation on gender equality in regional electoral laws;
•Introduction of gender quotas in governing bodies of public administration and related bodies.
105.By recalling previous reporting cycles, Gender Equality Councillors work pursuant to Arts. 12–20 of Legislative Decree 198/2006 et ff . . As for political life, these Councillors are mandated to oversee inter alia local governments of Municipalities with over 3000 inhabitants (Law 56/2014), whose gender quota cannot be below 40%. If so, Councillors can initiate actions to integrate these bodies with the necessary quota.
106.By recalling previous reporting cycle, Act 68/1999 on workers with disabilities applies to both women and men. During Covid-19, no special temporary measures were adopted but care was ensured to preserve the functioning of relevant ordinary system for targeted job inclusion of PwDs.
107.In our system, there are incentives to hiring persons with more serious disabilities, though not gender targeted, falling within Fund for the right to work of PwDs (Annex 6).
Reply to paragraph 8 of the list of issues
108.In new “National Strategic Plan on Male Violence against Women, 2021–2023” under (Prevention), some priorities-objectives related to a systemic and integrated prevention action have been defined: primary, secondary, and tertiary prevention.
109.Primary prevention is meant as planning of awareness-raising and communication actions, as well as educational interventions, aimed at preventing GBV through fight against gender stereotypes, promotion of a culture of respect between men and women, stigmatization of GBV with reference to social models. Primary prevention mainly targets young people.
110.Based on the many initiatives conducted in past years, preventive and cultural dimension of National Strategy for Gender Equality, 2021–2026, includes gender stereotypes, according to an all-inclusive approach.
111.As part of MoU by DEO and ISTAT, the latter developed in 2018 a specific module that gathers gender role stereotypes and, for the first time, opinions on the concept of VAW’s acceptability, its permeation and causes as well as stereotypes about sexual violence. This survey will be replicated in 2022, to analyze, monitor and thus contribute to eradicate these cultural models. ISTAT is also planning a survey on gender stereotypes concerning traditional roles of women and men, targeting students of lower and upper secondary schools.
112.Data confirms how crucial is investing in education and new generations (Annexes 3, 6, A).
113.Stereotypes about gender roles and those assigning responsibility to woman who suffers sexual violence are less common among more educated people and the youngsters. Without differences between men and women, 58.8% of population (aged 18–74) have at least one of the stereotypes about gender roles (for example ‘for the man, more than for woman, it is very important to be successful at work’; ‘men are less suited to do housework’; ‘it is up to the man to provide for the family’s financial needs’).
114.Interior Ministry, over the years, has adopted strategic lines of intervention at 360 degrees, to protect victims, with focus on repression, investigation and, above all, prevention.
115.All Forces pay utmost attention to relevant trainings. By way of example, at Superior Institute of Investigative Techniques (in Velletri), 300 Carabinieri officials have been trained since 2014 – all from investigative provincial units included in National Network to Monitor GBV.
116.E-learning modules have been developed on VAW and prevention.
117.Following MoU with DEO, RaCIS (Forensic science laboratories of Carabinieri Corps – being a Section on harassment-related offences) has been tasked with research and advisory services for relevant strategies.
118.In accordance with Red Code, Anti-Crime Central Directorate issued in September 2019, a Circular Letter on “VAW – New Operational Practices”.
119.Many awareness-raising campaigns have been launched, such as E.V.A. project (“Examination of Violent Acts”), and “This is not Love” Campaign (including a brochure), which have led to an increasing number of cases reported.
120.Article 3.9 of Resolution concerning Parliamentary Commission on Femicide allows it to work through WGs. First WG on ‘Prevention’ worked on gender-sensitive communication, culture and need to overcome all stereotypes and forms of hate speech, as well as on training in academia for those operators who assist victims of violence and at school training for educators who will have to promote and build cultural and educational models oriented to a correct and healthy management of relationships and recognition and respect for differences. A first survey was released acknowledging growing interest of universities in combating GBV.
121.Ministry of Education, in promoting and carrying out activities aimed at combating all forms of violence and discrimination, organizes specific initiatives such as competitions for schools. To foster reflection among younger generations on VAW, it is essential the understanding of equality and mutual respect through fight against stereotypes and GBV.
122.Within the so-called School-Work Alternation, Ministry of Education promoted a project with Telefono Rosa NGO focussed on trainings for students, on this Association’s activities.
123.Making available to primary and secondary schools, the best skills and practices gained in public administration, to train students in the culture of respect for others and equal opportunities, this is the goal of the project “PAri si cresce, 8 marzo in rete”, resulting from MoU signed on March 8, 2021, by Minister for Public Administration, Minister for Equal Opportunities and Family, Minister of Education and National Network of CUGs: This agreement provides that approximately 200 CUGs “established in public administrations” will provide support, information and training, to develop in schools, interventions of a cultural nature, in collaboration with school personnel, aimed at encouraging educational growth and education to respect against all forms of discrimination. DEO will launch various information campaigns to publicize the projects that will be implemented.
124.AGCOM has always sought to promote a positive and non-stereotypical representation of women in the media.
125.In 2017, this Authority adopted Recommendation on correct representation of women in information and entertainment programs (Resolution 442/17/CONS). This measure establishes that news having women as protagonists must ensure a balanced portrayal and adherence to the reality of the female universe not conditioned by stereotypes and prejudices, offensive to their dignity. It recommends that audiovisual and radio-media service providers ensure effective respect for fundamental rights when dealing with sexual harassment.
126.Female presence in Public Service programming is at 37%. Women are mainly called upon to represent and narrate their personal experiences – much more rarely, to show their expertise. Women make up only 22.3% of the experts in RAI programs.
127.“No Women, No Panel” initiative, started by EC, was adopted in 2020 by Radio RaiUno. Institutions and organizations from all over Italy have progressively adhered to it, also receiving endorsement of the Head of State. In recent months, an MoU was elaborated to commit this Company to include, as equally as possible, women and men in the debates. In 2021, this was signed by RAI President and institutions concerned at presence of Minister for Equal Opportunity and Family, Ms. Bonetti.
Reply to paragraph 9 of the list of issues
128.In July 2019, Parliament approved Red Code Act.
129.Among new crimes, Art. 558bis c.c. focuses on: “Coercion or induction to marriage”. It punishes conducts related to “forced” marriage and civil union under which coercion refers also to psychological abuse. This Article also applies when the fact is committed abroad by an Italian citizen or a foreigner residing in Italy or to the detriment of an Italian citizen or foreigner residing in Italy.
130.This crime is punished with imprisonment from one to five years – to be aggravated in the event of a conduct against particularly vulnerable individuals, including children under the age of 18. This is further aggravated if committed against children under the age of 14.
131.Law 7/2006 on female genital mutilation (FGM) strongly contrasts this phenomenon and establishes a Fund to train service operators.
132.Pursuant to Guidelines issued by Ministerial Decree dated December 17, 2007, MoH yearly provides regional Authorities with resources for prevention, assistance and rehabilitation activities for women and girls already victims of FGM practices.
133.During 2020, MoH and Superior Health Institute (ISS) conducted a training, on VAW, with focus on FGM. Many health, social and public safety workers participated in this training (Q.20).
134.As for ISTAT’s data on practice of female genital mutilation, in 2018 there were 4 proceedings, of which 3 began criminal action. Four, all men, are under judicial proceedings.
135.Interior Ministry recently requested Prefectures to share with reception centres and key bodies and institutions:
•Operational Guide on GBV, on ‘How to provide first support to GBV survivors for practitioners working with victims of violence”, as jointly developed by UNHCR, IOM and UNICEF;
•Online training on vulnerabilities and referral, prepared, through collaboration with UNHCR, UNICEF and IOM, for those working in the asylum reception system;
•Other initiatives are under evaluation.
136.Among actions carried out by DEO, relevant MoUs are to be mentioned. Over the years, 13 regions have signed them, to define duration and implementation modalities of projects to prevent and combat FGM – through funding made available by this Department (3 million Euros).
Reply to paragraph 10 of the list of issues
137.In criminal law field, of relevance is Law 134/2021, concerning “Delegation of powers to the Government for efficiency of the criminal trial, as well as in the field of restorative justice and provisions for the expeditious definition of judicial proceedings”, definitively approved by Senate in September 2021.
138.Criminal novelties include inter alia arrest in flagrante delicto in the event of violation of the prohibition to approach the victim; and exclusion of consideration for the specific tenuity, for these proceedings (Art. 2.15).
139.Civil law’s main novelties, about to be introduced by “law delegating to Government the efficiency of the civil trial and revision of alternative dispute resolution tools” – approved by Senate and about to be approved by Chamber of Deputies – provides that in cases in which – for example, in a separation judgment – the woman alleges facts demonstrating that she is a victim of violence, judges must: adopt protective measures (Art. 342bis); shorten time for decision-making; provide themselves with powers of summary assessment. In these cases, judges must not propose conciliation, in observance of Istanbul Convention.
140.In October 2021, Minister for Disabilities, Ms. Stefani, was heard before Parliamentary Femicide Commission; several relevant elements emerged.
141.There are nearly 2 million women and girls in Italy, who live with a disability and who face multiple discrimination and challenges resulting from intersection of gender and disability. Such discrimination creates barriers to participation in all life’s areas.
142.Having gender-disaggregated data in disability’s field, even for specific aspects, is important to plan and implement ad hoc policies and interventions. This is one of main critical issues. On the other hand, there are ISTAT data on VAW, including specific data on violence suffered by women with disabilities: while 31.5% of women (between the ages of 16 and 70) have suffered some forms of physical or sexual violence in their lifetime, the situation is even more critical for women with disabilities, ranging from 36.7% to 36.2% depending on the severity of the disability.
143.In response to this data-related need, through Observatory on PwDs, it was initiated by launching relevant research, the path to fully implement Article 31 of ICRPD – dedicated to statistics and data-collection – on the basis of which to “formulate and implement policies”.
144.As of December 2020 only, ISTAT was authorized by National Authority for the protection of personal data, to create the Register on disability, based on the integration of administrative archives.
145.Another useful element relates to observations that Minister for Disabilities has proposed to National Plan on Male Violence against Women, 2021–2023: a specific relevant focus, with greater involvement of Office on Disabilities, in the governance model and in monitoring interventions on women and girls with disabilities.
146.Among legislative measures adopted to counter forms of GBV is Consolidated Act on Audiovisual Media Services (TUSMAR, Legislative Decree 208/2021), which implements new Audiovisual Media Services Directive (EU) 2018/1808. This Consolidated Act introduced provisions to ensure more incisive actions against incitement to violence or hatred against a group of people or a member of a group on the grounds of sex, race, color or ethnic or social origin, genetic characteristics, language, religion or beliefs, political opinions, or any other nature besides strengthening AGCOM powers regarding the so-called Video-sharing platforms.
147.Even before adoption of above Act, AGCOM paid specific attention to ensure respect for fundamental rights in communications sector, adopting initiatives to ensure fight against all forms of discrimination. In 2019 it was adopted Regulation on respect for human dignity, non-discrimination, and fight against hate speech (Resolution 157/19/CONS), in response to growing spread of discriminatory expressions and hate speech.
148.AGCOM has intervened several times on discrimination with guidance and warnings. Monitoring activity has allowed ascertainment of some violations of the regulation on combating hate speech: In the period 2019–2021, this Authority adopted against television and radio broadcasters, five warnings and three communications of episodic violation of relevant provisions, respectively.
149.In the renewed systemic-planning framework of “National Strategic Plan on Male Violence against Women, 2021–2023” Law 234/2021 provides for a special financial endowment of the Fund for policies related to rights and equal opportunities, amounting to 5 million Euros per year, starting from 2022.
150.As for measures adopted to implement GREVIO’s recommendations, “National Strategic Plan on Male Violence Against Women, 2017–2020” has been key to promoting and implementing systemic interventions concerning promotion and support for the taking charge model.
151.As earlier mentioned, of relevance is also Parliamentary Femicide Commission’s work (established by Senate’s Resolution dated 16 October 2018, as extended by Resolution dated 5 February 2020).
152.By recalling earlier information (e.g. Re-Agire Portal, the imminent entry into force of MoU by Ministry of Justice and ISTAT), of relevance is recent approval of delegation-law to reform civil trial by which guarantee measures for victims of domestic violence are optimized: e.g., principle of the need for immediate coordination between judicial authorities.
153.In line with Operational Plan to National Strategic Plan on Male Violence against Women, 2017–2020, a specific training was funded by MoH and implemented by ISS. The training project, “Implementation of a Distance Learning Training Program (acronym in Italian, FAD), for social and health workers in Italian emergency rooms, aimed at preventing and combating GBV”, reached over 26.000 operators of all services involved in the health and non-health field, including social workers and law enforcement personnel, to ensure that professionals acquire knowledge and skills, for a more effective reception and taking charge of woman victim of violence, as well as full dissemination of “National Guidelines for Health Authorities and Hospitals, on relief and social-health assistance to women who suffer violence” (2017). This Project saw collaboration of Referents/Contact Points appointed by local Health Departments, upon request by MoH. The Referent played a strategic role in encouraging the broadest dissemination of FAD Program, including in promoting the establishment of local networks. The presence in each emergency room of a Referent (doctor and/or nurse) ensured constant monitoring of this course’s progress, locally.
154.Intervention strategies on GBV adopted over the years by Department of Public Security-Ministry of Interior resulted in many initiatives, both preventive and counteractive, which have positively impacted on organisational structure of State Police Offices.
155.The inter-ministerial decree of 19 April 2017 confirmed relevant competences of Central Anti-Crime Directorate of State Police in terms of coordination:
•Central Operational Service has a Section dedicated to combating VAWC;
•Territorial Control Service, in charge of managing general prevention and territorial control, coordinates innovative reporting tools, including YOUPOL APP;
•Scientific Police Service, supporting investigations thanks to its experts in biology, chemistry, physics, fingerprints, forensic medicine and more. It operates throughout Italy, through its inter-regional, regional and provincial offices;
•Central Anti-Crime Service, established in 2017, is responsible for developing preventive measures and analysis of criminal phenomena including those relating to GBV and vulnerable victims and is the reference point for Anti-Crime Divisions of Police Headquarters, to support preventive action, undertaken through intervention on social dangerousness of individuals. This Service is in charge of inter-institutional and international cooperation initiatives on crime prevention and counteraction (In March 2021, the inter-force application SCUDO was activated to facilitate data consultation and to reconstruct/link the different episodes which may involve alleged perpetrators and victims during interventions, in the field).
156.Over the years, State Police has deepened the study of effective operational tools for emergence of violence cases under ‘first intervention’ activities. Starting in 2018, first intervention procedures on GBV cases, described in a “processing card”, were disseminated nationwide and updated in 2019, following Red Code’s adoption. These interventions are managed through instructions for Operations Rooms of Police Headquarters, aimed at standardising relevant activities. The model is implemented through specific training modules, basic and for specialisation in territorial control. Expected results, in the medium and long term, are a more effective fight against recidivist behaviour and an increasing confidence on the part of women to refer to Police, to report violence.
157.State Police has developed its own information and awareness-raising campaign on GBV, along with educational initiatives regularly undertaken in schools. “This is not love” campaign, launched in 2016, has become since 2017 a permanent initiative developed by Police Headquarters, to inform and, above all, help the emergence of violence cases. Moreover, over time, several sheltered listening rooms have been established at Police Headquarters, also in cooperation with NGOs.
158.New impetus was given by Central Directorate for Anti-Crime, following Red Code’s adoption, to ensure timely training of personnel, by programming specific mandatory courses for personnel performing public security and judicial police functions. In January 2020, e-learning modules on GBV were defined, in collaboration with Central Directorate for Educational Institutes, for general updating of State Police, currently available on SISFOR platform. In January 2021, the e‑learning module on GBV – already drafted in 2018 for refresher courses provided for the reorganisation of careers – was also revised.
159.Following March 2021 meeting with CSOs about the roadmap towards new Strategic Plan against VAW, Minister Bonetti convened, on 28 April 2021, Control Room – established within the previous relevant Plan, 2017–2020 -, to illustrate the above roadmap, including the 2021 resources for CAVs and shelters (30 million Euros). Given joint report by ISTAT and DEO on GBV during Covid-19, this Control Room started discussion on the new Strategic Plan on male violence against women, reflecting Istanbul Convention’s pillars, to be linked with: National Strategy on gender equality; NRRP; all actions in place to promote women’s empowerment.
160.The approach adopted nationally in the past years – preserved also in the next programming cycle – is inspired by key points to combat male violence against women, including enhancing experience produced by previous Plan; adapting strategic action of the relevant Plan in light of changes and updates in the legislative framework. As for financial aspects of National Strategic Plan on Male Violence against Women, 2021–2023, mention has to be made of the following additional financial measures:
•Protection of victims and prevention of domestic and GBV, specifically to counter the relevant phenomenon by promoting recovery of male perpetrators of violence – Fund for policies related to rights and equal opportunities is further increased by 2 million Euros, for 2022;
•Psychological treatment pathways for reintegration into society of those convicted of sexual crimes, mistreatment of family members or cohabitants, and stalking – expenditure of 2 million Euros for 2022 is authorized;
•Actions for CAVs and shelters for 2022 – Fund is increased by 5 million Euros for 2022; this amount will be made permanent for an amount of 30 million, annually;
•Recovery of men who are perpetrators of violence – Fund is increased by 5 million Euros, for 2022;
•Promotion, through economic independence, of autonomy paths of women victims of violence in a situation of poverty – Fund is increased by 5 million Euros, for 2022.
161.By recalling previous reporting cycle, Legislative Decree 80/2015 introduced paid leave, up to a maximum of three months, for women victims of GBV, who are employees of public or private employers. Law 232/2016 extended the above-mentioned measure to self-employed women. As for relevant data (Annex 7), ISTAT surveys 2006 and 2014, recalled under previous reporting cycle, are being updated by a new survey, currently ongoing.
Reply to paragraph 11 of the list of issues
162.There are 257 CAVs active in 2018 and 281 in 2019, being essential to both 49,394 women referring to them and to 30,056 women who were taken care, under exit from violence pathways. Of women who started this path, 63.7% have children (of whom 72.8% of them have not come of age), while 27% are foreign women.
163.CAVs, besides offering in-person service (being open on average 5.2 days a week for about 7 hours a day), are reachable in 68.5% of cases. 22.6% of CAVs have introduced a toll-free number. As for their proximity to women, 49.4% of CAVs have desks besides multiple services, including: listening and reception, guidance, and accompaniment to other services of the territorial network (96.5%), legal support (93.8%), psychological support and counselling (92.2%), support for autonomy (87.5%), removal path (84.0%), and career guidance (80.5%). Services provided by these Centers also include prevention activities, such as training for other operators and awareness-raising in schools. Most Centers carry out external training activities (81.7%). The main targets are social workers (82.9%) and healthcare workers (77.1%), but also law enforcement (57.1%) and lawyers (47.6%).
164.Information activity in schools is carried out by 89.1% of CAVs; preparation of cultural prevention events by 96.5%; and data collection by 86.8%.
165.Women victims of gender-based and domestic violence can also find hospitality and safety at 222 shelters operating nationwide (257 in 2019). In 2018 they hosted 1940 abused women with an average stay of 259 days (62.1% of women were foreigners).
166.Shelters also guarantee 7d/24h availability (in 90.1% of cases). The most frequently guaranteed services include: guidance and accompaniment services (96.4%); individual safety plan based on risk assessment (93.7%); support and psychological counselling for women (90.1%); guidance on housing autonomy (90.1%); work autonomy (87.8%); legal support and advice (89.2%); support for parenting (80.6%).
167.Territorial social services represent the main channel through which women approach shelter (in 30% of cases), followed by CAVs (in 26.1% of cases). However, there are women who also go to shelters independently (6.2%). In 2018, half of women who left shelters (50.8%) did so because they had completed the pathway to exit from violence; and 7.8% for the conclusion of the hospitality pathway, suggesting a positive outcome for about 6 out of 10 women.
Reply to paragraph 12 of the list of issues
168.By recalling previous reporting cycle, DEO indicates that victims who applied for shelters in social protection programmes and benefited from assistance measures – provided by the single call for applications (shelter in dedicated facilities) –, in 2020, decreased to 691 (from 812 in the previous year). However, 2038 were “assisted persons” in 2020, i.e. those who benefited from social inclusion programmes focusing on literacy, vocational training, job placement, regularisation, legal support and housing search.
169.The figures reported below highlight Government’s continued commitment to prevention and protection, including progressive adaptation to changing social and economic conditions as a result of the pandemic.
Number of persons taken in charge
170.Also for 2020, through institutional agreement, DEO entrusted Venice’s Municipality with management of National Anti-Trafficking Helpline. In 2021 these competences were transferred to Veneto Region.
171.Data provided by this Helpline for 2020 shows an increase in inbound calls (5,510 in 2020, compared to 3,802 in 2019):
•Toll-free number operators explain increase in absolute terms of incoming calls as determined by help or guidance requests due to the pandemic. Operators provided advice on the most appropriate services, accordingly;
•However, attentive analysis shows that there has been a decrease – if comparing it with the previous year – in inbound calls reporting cases of potential victims of trafficking or serious exploitation.
172.During 2020, Anti-Trafficking Helpline received 1,226 calls: a figure probably influenced by lockdown. This led to a reduction in prostitution, forced begging and illegal street economies (main sources of exploitation) and made potential exploitation phenomena less visible. In any case, lockdown emptied city streets, making certain categories of people even more vulnerable. This convinced DEO, to modify planned actions, by guaranteeing services and reception from remote, besides introducing forms of primary help for victims and their children.
173.National Anti-Trafficking Helpline is also responsible for SIRIT management and implementation. This System is essential to monitor relevant cases, besides allowing Italy to fully comply with data-collection and analysis, in accordance with EU Directive 36/2011. Data collected and processed by SIRIT are fed by periodical information from 21 national anti-trafficking projects, summarising the complex activity of emergence, reception, and social integration of the assisted victims of trafficking.
174.Last financial allocation took place following Call for Proposals 3/2018, which financed 21 projects: 11 by public entities (Regions and Municipalities), and 10 by sectorial NGOs, for € 24 million, for the period 1 March 2019 – 31 May 2020. Given Covid-19 persistence, by an ad hoc provision dated 28 May 2020, DEO extended these projects until 31 December 2020, with over € 11 million. (as further extended until 30 June 2021, with more €10 million). In 2021, DEO published Call 4/2021 (covering July 1, 2021-30 September 2022), to finance 21 projects: 12 by public entities; and 9 by NGOs, for 24 million Euros.
175.In March 2020, Minister Bonetti convened Control Room for the prevention and fight against THB, inter alia to plan new National Anti-Trafficking Strategic Plan, to be in line with relevant EU Strategy, GRETA’s recommendations and other standards, besides being based on the following priorities: improve data system; intensify actions to address trafficking for sexual exploitation, forced marriage, begging, forced crime, trafficking in human organs and skins, sale of pregnant women infants, with focus on labour exploitation; addressing trafficking within the new context of migratory crisis; enhance training; combating impunity; strengthening prevention of trafficking in children; further measures to improve identification of trafficked persons; ensure access to compensation for trafficked persons; continued measures to ensure that the trafficked persons return is executed with respect for their rights, safety and dignity and, in relation to children, by fully respecting the best interests of the child; improve efficiency and effectiveness of investigation and prosecution-related activities.
176.A Handbook is to be developed to promote a governance model to strengthen caretaking of vulnerable persons during all reception phases, starting with early identification. In 2021, an inter-institutional inter-agency WG was established to this end, including, among others, UNHCR, IOM, UNICEF, EASO, Médecins Sans Frontières. Locally, initiatives have been launched to support victims of trafficking by several Prefectures, including Prefectures in Ancona, Matera, Potenza, Milan, Turin, Venice.
177.To increase places in reception facilities for unaccompanied minors (UAMs), under the integrated reception system-SAI (formerly called SIPROIMI), AMIF finances a project called “Strengthening the capacity for reception, inclusion and accompaniment towards autonomy of UAMs in the SIPROIMI network”. In summer 2021, it was published Decree approving funding of 96 new SAI projects for a total of 1.532 new places, similarly the Decree approving resources for 797 new places in 37 SAI projects, already operating for UAMs, and for 174 new places in 14 SAI projects, already operational for persons with mental and social disorders. Overall, the network reached 6,692 places for the former and 783 for the last category of beneficiaries.
178.As for measures to protect the most vulnerable groups among migrants and refugees, Department of Civil Liberties and Immigration-Interior Ministry is currently evaluating some initiatives, funded through AMIF, which include trainings with a sensitive approach to age, gender and diversities.
179.On December 20, 2021, Interior Ministry renewed collaboration, free of charge, with Save the Children, to guarantee protection, support, and legal and informative guidance to UAMs, until December 31, 2022. On June 8, 2021, agreement with Terres des Hommes was also signed, to offer, free of charge, psychological and psycho-social support to UAMs, until December 31, 2022 (In 2021, 2 trafficked victims returned to their country of origin, through Assisted Voluntary Return projects, co‑funded by Interior Ministry).
180.No further updates are to be reported following issuance of the 2020 Guidelines on “Identification of victims of trafficking among applicants for international protection and referrals procedures”. To implement this Guidelines, some Territorial Commissions for the recognition of international protection have updated MoUs with local anti-trafficking bodies. To refresh Commissions’ members, at the forefront of the pre-identification process, several trainings were undertaken. Within Em.As Project – Empowerment Asylum Commission, trainings, started in 2020 (co-financed by EC and jointly executed with National Asylum Commission (acronym in Italian, CNA) and UNHCR), are still ongoing, with involvement of Territorial Commissions’ members and anti-trafficking operators.
181.To ensure protection of foreign mothers and children who are identified victims of trafficking and deported to the State party under Dublin III Regulation, several mechanisms based on bilateral collaboration aimed at information exchange are implemented among Member States.
182.After thorough assessment, main measures include: identification of a safe place of arrival; timely information to relevant Authorities, to ensure proper reception of the applicant.
183.Within asylum procedure, CNA and UNHCR promoted in 2016 “Coordination mechanism for victims of trafficking” project, to enhance coordination among social protection and international protection systems, in accordance with Legislative Decree 24/2014. The launch of this project was supported by publication of the above-mentioned “Guidelines” to support Territorial Commissions in identifying victims by trafficking indicators, of which a new updated version was published in January 2021. This Guidelines envisages modalities for enhanced cooperation among Territorial Commissions and competent Public Prosecutor’s Offices. Sub-action 6 aims to replicate activities for the protection of victims of sexual and GBV (Annex 8).
Reply to paragraph 13 of the list of issues
184.As for THB for the purposes of exploitation of prostitution, investigations undertaken in recent years have made it possible to highlight that this type of trafficking almost exclusively involves women from African countries, particularly from Nigeria.
185.Victims, after reaching Libya, are smuggled into Italy and forced, with threats and physical and psychological violence, frequently consisting of voodoo/ju-ju rites, to practice street prostitution, under strict control from criminal organizations’ members.
186.As for THB for the purposes of labour exploitation, the most frequently detected forms fall within illegal hiring by employers. Law enforcement action, including collaboration with Labour Inspectorates, show irregularities, particularly in the use of agricultural labourers. During 2021, 224 companies were controlled; and 1,316,165.00 Euros of administrative fines were imposed (Annex B).
Reply to paragraph 14 of the list of issues
187.By recalling information above and under previous reporting cycle, in 2018 an inter-institutional Observatory to monitor Law 120/2011’s implementation was established, within a 5-year MoU by DEO, CONSOB and ABI. As a supervisory body on female participation, DEO initiated 391 administrative proceedings against companies whose Boards of Directors/Statutory Auditors’ composition did not respect gender balance. This Law was renewed in 2019 within 2020 Budget Law towards the target of 40% rate of women in companies’ boards.
188.In boards of directors of large listed companies, the positive trend begun in 2013–2014 thanks to Golfo-Mosca Law continues – being possible also following “extension” for six consecutive terms of this law – with increase in women, from 33% to 40%. In 2020, women account for 38.8% of board members. To date, women’s percentage in management boards of listed companies stands at 33,5%, (against 6% before adoption of relevant legislation), thereby exceeding the ratio (1 out 3) required by Law; the presence of women in Boards of public companies (now at 32.1%) increased by 75% in about five years.
189.Slow but steady increase in women’s presence emerges in Italian decision-making and political institutions at a national level. Partly thanks to legislation on composition of lists and preferences expressed during the vote, the quota of 1 woman every 3 delegates has been exceeded in national Parliament. However, the presence of women in Regional Councils is still low and uneven, nationwide: Regional Councils, renewed in 2020, brought women elected’s share to 22%, with councillors’ share increasing by only 1 percentage point, per year.
190.In institutions such as Constitutional Court, CSM, various Authorities (on Privacy; Communications; Competition and Market) and diplomatic corps, women’s representation is small, although increasing. In 2021, in these Institutions as a whole, women holding top positions are just 19.5%.
191.Regarding women in leading positions, Women for a New Renaissance-Task Force also produced a Final Report in the pandemic context. Among proposals, of relevance are: increasing women’s proportion in all work areas; overcoming barriers to advancement in career paths, particularly in the fastest growing fields (STEM, computing science, cloud computing, data and artificial intelligence); and countering gender stereotypes (Q.2.).
192.Recalling the ratification of ILO Convention No. 190, in National Strategy for Gender Equality 2021–2026, two targeted actions against sexism are to be noted.
193.Moroever, by Citizens’ Safety survey (2022), ISTAT will estimate online harassment. In survey–2016, were collected only 2 forms of harassment perpetrated through Web: 6.8% of women had inappropriate proposals or obscene or malicious comments on their account through social networks; and 5% women happened that someone used their accounts (identity theft) to send embarrassing or threatening or offensive messages to other people. Data regarding men is not particularly different (2.2% and 1.9%, respectively).
194.Women still lag behind in Internet’ use: In 2020, 69% of population, aged 11 and over, used the Internet at least once a week in the 3 months before the interview. In 2019–2020 we saw the highest annual increase in 7 years, also driven by the pandemic crisis.
195.Internet use is still characterised by gender gap (72.7% men against 65.6% of women). However, among young people aged 15–19 there is a female advantage; between the age group 20–59, the differences are very small, while they increase among older people, reaching 12 percentage points in favour of men in the 65–74 age group.
Reply to paragraph 15 of the list of issues
196.For statelessness recognition, two proceedings, judicial and administrative, are in place. In 2015, Italy also ratified the 1961 UN Convention on Reduction of Statelessness.
Reply to paragraph 16 of the list of issues
197.Ministry of Education, under current historical moment due to Covid-19, has issued several measures. By School Plan 2020-21 (Ministerial Decree 39/2020) and Guidelines for Integrated Digital Teaching (Ministerial Decree 89/2020), the teaching and educational activities for kindergartens, primary and secondary schools of first degree would take place in presence, reserving only for secondary schools of II degree to adopt integrated digital teaching, in a complementary approach to teaching in presence. This measure aimed at, inter alia, allowing mothers to organize their working day, counting also on the time their children, boy and girls, spend at school. Along these lines, mention has to be made of the following:
(a)Guarantee, in any case and always, to students, boys and girls, with disabilities teaching in presence (School Plan 2020-21);
(b)Provide for the right, until June 30, 2021, for parents who are private-sector employees and have at least one child with a serious disability recognized in accordance with Law 104/1992, to access smart working, provided that there is no other non-working parent in the household and that the work activity does not necessarily require physical presence;
(c)Implement the 0-6 Fund, to increase early childhood education services, also as a tool for reconciling work and family;
(d)Define Pedagogical Guidelines for the Integrated System 0-6 (March 31, 2021);
(e)Economically support schools, including public schools (with €165million as economic support in relation to reduced/missed payment of fees during Covid-19 pandemic).
(f)Provide for relational, social and educational recovery of students, boys and girls (Summer School Plan 2021 (Circular 643/2021) funded with € 510 million;
(g)In-person teaching (School Plan 2021–2022 – Ministerial Decree 257);
(h)Establish safe conditions for the return to school (Decree-Law 111/2021);
(i)Fund specific actions to cope with the pandemic emergency:
•Project, in collaboration with Maestri di Strada ONLUS, for an intervention in an area with high educational poverty (Campania region, especially Naples), to prevent and counter school dropout;
•Project, in collaboration with Jupiter APS Giovanile NGO to support educational continuity, through the creation of a network of schools, locally/regionally;
•Project, in collaboration with APS-Free Associations, Names and Numbers against the Mafias, to combat school dropout, especially in those areas of the Country most at risk, through activities that can continue fostering civic education paths;
•Project, in collaboration with Binaria – Società Cooperativa Sociale, on digital education and distance learning;
•Project, in collaboration with Save the Children, to develop resilience in children and adolescents, boys and girls, through support in distance learning and focus on active citizenship, solidarity and fight against fears;
•Project, in collaboration with Istituto Cottolengo, for actions to guarantee the right to study of students with disabilities, through the development of electronic tools’ use;
•Project, in collaboration with UNICEF, to create listening services for students and families by identifying new community perspectives.
198.This Ministry also historically works on elimination of stereotypes by which girls would be more suited to social and humanistic subjects and boys to technical and scientific ones. A good gender mainstreaming process makes sure that all people can choose what to study regardless of gender. This also and above all means preventing segregation in labour market. In this context, Ministry of Education has launched initiatives within the Education for Respect and the implementation strategy of paragraph 16 of Law 107/2015.
199.In collaboration with DEO, every year in March, this Ministry kicks off, “The Month of STEM” initiative to promote relevant disciplines in schools of all levels. The STEM competition: Feminine Plural is issued yearly, to encourage students to develop critical reading of prejudices and gender stereotypes regarding these subjects, as well as to encourage female students to study these subjects. This Competition proposes the realization of a project to be chosen between two thematic areas which for the school years 2017/2019 and 2018/2019 were: 1. Female scientists of yesterday and today; 2. The right to count. For the 2019/2020 year, the two planned topics – suspended due to Covid-19 – were: 1. A Girl’s Game; 2. STEM Open Access. In 2020–2021, Ministry of Education also supported expansion of educational offerings of educational institutions that proposed relevant projects (Annex 9).
200.Moreover, since 2014, National Observatory for integration of foreign pupils and for interculturality has been active. Being an advisory body that makes proposals and indicates solutions starting from good schools’ practices, it operates by five thematic groups: Teaching Italian as a second language and plurilingualism; Attention and proposals for school restarting (May 2020); Staff training and adult education; School Curriculum and Intercultural Perspective that launched the research and online training “Beyond Distances. L ’ inclusione ai tempi del COVID-19” (April/June 2020), particularly focused on foreign pupils with disabilities or special educational needs; Citizenship and New Generations, which interacted on statelessness and citizenship, with UNHCR; Schools and multicultural peripheries, with attention to Roma children, boys and girls, and their families in the settlements of urban peripheries.
201.Within National Strategy for Gender Equality, 2021–2026, specific attention is paid to education and women pursuant to final report by ‘Women for a New Renaissance’-TF. Regarding ‘Skills’ area it indicates: to ensure equal access and equal development of mathematical and scientific skills as a means of reducing gender gap in education. To this end, the following are measured: Percentage of female seniors in high school who do not yet have minimum skills level in mathematics (around 50% compared to 36% of male seniors); Percentage of female students enrolling in STEM degree programmes (this, compared to the total enrolled students, is currently 27%); To increase female participation in academic world: Percentage of female full professors in relation to the total (currently at 25%). Likewise, measurement cover digital, information and communication technology (“ICT”) skills of women with a view to enhancement: Percentage of women with “above-average” digital skills out of the total female population (today only 19% are “above-average”, being below male counterparts and European female average).
202.As for students with disabilities (Q.2.), of relevance is Fund for assistance to independence and communication of students with disabilities, to strengthen services in schools of all levels. By Law 234/2021, this Fund is established with an endowment of 100 million Euros per year, from 2022.
203.In May 2019, the Joint Committee for “Protection of the Right to Health, Study and Inclusion” was established, following February 2019 MoU by MoH and Ministry of Education, with the aim of “ensuring the integration of interventions for the protection and promotion of health and psychophysical well-being, also through promotion of information and awareness initiatives on some areas of priority interest for students, families and teachers, as well as for school inclusion in cases of disabilities and specific developmental disorders and, in particular, to carry out activities of common interest”. This Committee identified priority areas for intervention, but activities were interrupted due to Covid-19. It has been planned its work’s resumption; and contents will be updated also in relation to contrasting effects of Covid-19 on adolescents. The Guidelines, prepared by a small subgroup has adapted the document “Standards for sex education in Europe” drafted by WHO and BZgA.
204.Moreover, MoH prepared Guidelines to draft certification of disability in the age of development for the purposes of school inclusion and the profile of functioning, considering International Classification of Diseases (ICD) and International Classification of Functioning, Disability and Health (ICF) of WHO. This Ministry started the procedural process of adoption of the Guidelines prepared for the agreement with the other Administrations concerned, after hearing the Permanent Observatory for school inclusion (at Ministry of Education), and acquisition of the opinion of the Unified Conference (Art.5.6, Legislative Decree 66/2017).
Reply to paragraph 17 of the list of issues
205.Within European cohesion policies, although interventions are directly aimed at improving the working and social situation of women, gender equality is a cross-cutting principle to be considered in the planning, implementation, and evaluation of all interventions. Given its cross-cutting nature, it is not automatically identifiable in all interventions and in the overall relevant financial effort.
206.To provide an estimate of the Programs co-financed by Structural Funds in the 2014/2020 period, a selection of projects has been made from those under implementation (www.opencoesione.gov.it), as part of the initiative dedicated to transparency and civic participation coordinated by Department for Cohesion Policies and executed in collaboration with Territorial Cohesion Agency.
207.Relevant projects aim at: women’s employment, entrepreneurship, job placement; and reconciliation services, including kindergartens et similia. Data refers to about 103 thousand projects as at 2020, for a total public cost of about 489.9 million Euros (compared to a total cost of 49.0 billion Euros for over 473 thousand projects co-financed by ERDF and ESF in 2014–2020 cycle).
208.Among the above 103 thousand projects, greater attention is paid to gender policies in ESF-funded interventions: 102,504 interventions compared to 264 funded by the ERDF, corresponding to 398.9 million Euros and 91.0 million Euros, respectively.
209.The overall projects identified focus on: labour market (73.1%); education and training (25.9%); reconciliation of private and professional life, such as interventions to finance crèches, supplementary services for children, babysitting and after-school care (being less than 1%, for an overall value of approximately 22.3% of the value of the universe identified).
210.If we consider the various Operational Programs (National – NOP, or Regional – ROP) in which projects are implemented, over 76.9% of resources have been assigned as part of the ESF ROP, also considering ESF financed by the multifund Regional Programs of Calabria, Molise and Apulia Regions. The territorial distribution of the financial value of the projects reflects the different regional strategies and women’s response in those territories to the different opportunities (Figure 1).
Contribution of European cohesion policies 2014–2020 to gender policies in Italian regions: total public cost* of projects in implementation as of 31.12.2020, visualization by quartiles
211.Law 162/2021 on Amendments to Equal Opportunities Code between Men and Women at Workplace aims at ending gender pay gap or wage discrimination between men and women. This Text was unanimously approved by the Parliament. The reform envisages important innovations as for widening the scope of gender discrimination cases; greater transparency for companies required to adopt the report on staff remuneration, besides introducing a bonus system that provides incentives for employers to prevent potential pay gaps and promote equal opportunities culture.
212.By Budget Law 2022, the Fund to support gender pay equality is increased by 50 million Euros, thus expanding women’s participation in labour market also through the definition of incentive procedures for companies that ensure gender equality. This Fund will make it possible to finance bonus mechanisms for companies, including those with fewer than 50 employees, in accordance with Equal Pay Act (Law 162/2021), which introduced the certification of gender equality. Moreover, relevant Fund is established at MoL for training activities, being preparatory to obtaining the certification of gender equality (three million Euros, for 2022).
213.By Eurostat, unadjusted Gender Pay Gap (GPG) represents the difference between average gross hourly earnings of male paid employees and of females as a percentage of average gross hourly earnings of male paid employees. Italy reports a relatively low GPG compared to other EUMSs: 4.7% in 2019, 5.5% in 2018, with a slight decrease compared to 2014 (6.1%).
214.Considering private and public sectors, in 2019 GPG for public sector measures 3.8% while the estimate for the private sector is 17%. In public sector, predominant is women’s share in Education and Health services, with relatively high hourly earnings. GPG has not to be intended as a measure of the incidence of discrimination in the labour market. It is defined ‘unadjusted’ since it is sensitive to composition effects: sector of economic activity, size of company, occupation, level of education, age of the employee, seniority in the company, etc.
215.Poverty risk-related data is contained in Annex 10.
216.On December 30, 2021, it was published DPCM containing “Guidelines to promote gender and generational equality of opportunity, and employment inclusion of PwDs in public contracts financed with the NRRP and the NPC (standing for, National Plan for Complementary Investments) resources”.
217.By recalling previous reporting cycle and Q.7., Law 68/1999 is the main measure to promote labour access and inclusion of PwDs through supporting services for targeted placement.
218.For the collection and monitoring of data pursuant to the above law, Minister of Labour and Social Policies presents to Parliament every two years, a report based on data that Regions are required to transmit.
219.Regions and Autonomous Provinces are mandated to the operational management of services for integration of PwDs, while coordination of management is entrusted to National Agency for Active Labour Policies (acronym in Italian, ANPAL), nationwide.
220.MoL has inter alia tasks of general guidance and legislative interpretation. Relevant IX Report to Parliament – exceptionally conducted over the three-year period 2016–2017–2018, and prepared in collaboration with the National Institute for Analysis of Public Policies (acronym in Italian, INAPP) – shows data relating to labour market performance of PwDs, with employment growth nationwide, coupled with still widespread infrastructural gaps. However, governance systems obtain good results when approaching the problem with models of integration of services and financial resources.
221.As for survey’s results: PwDs enrolled in the targeted placement list amounted to 733,708 in 2018. 94% are civilians with disabilities and more than 60% are in the South and from the Islands.
222.Considering 2018 as the main reference year, the employment condition of persons enrolled is prevalently under unemployment: over half members are under immediate availability to participate in active policy work measures.
223.Personalized service agreement envisaged by Legislative Decree 150/2015 has been fully implemented over the three-year period: since 2016 activities have been increasing, and in 2018 all the administrations adapted to the standard.
224.The foreign persons registered are more than 150,000 units for each of the three years.
225.Over 50% of persons enrolled conclude compulsory education and get middle school and/or professional qualification.
226.PwDs in labour market with public and private employers were: in 2016, 28,412; in 2017, 34,613; 39,229, in 2018.
227.The private sector absorbs 96% of the total of them in three-year period.
228.The reform introduced by Legislative Decree 151/2015 requires inter alia private employers, who employ 15 to 35 employees, to hire a worker with disability.
229.Specific Guidelines on targeted placement of PwDs envisages to promote inter alia: integrated territorial network; territorial agreements with trade unions; bio‑psycho-social assessment of disability; job analysis and reasonable accommodation; institution of the responsible for job placement.
230.Moreover, there are incentives for employers who hire workers with disabilities, financed with Fund for the right to work of PwDs, established at MoL.
231.Legislative Decree 151 envisages contributions to relevant regional funds for partial lump-sum reimbursement of expenses necessary: for reasonable accommodation in favour of workers with a reduction of working capacity higher than 50%, including teleworking technologies or removal of architectural barriers; and to establish the person responsible for job placement at workplace.
232.Of relevance is Office for the Coordination of Government’s Actions for PwDs and their families established in 2019. The relevant National Observatory was also established by Law 18/2009 and operates within this Office.
233.National Equality Councillor “[...] may undertake [...] independent inquiries regarding discrimination at workplace and may publish independent reports and recommendations regarding discrimination at work”.
234.Given current legislation, Equality Councillors operate within local Authorities that must provide them with necessary equipment for execution of their functions.
235.MoL created a relevant IT platform and made a platform on good practices’ exchange available to Councilors, only.
236.Equality Councillors are involved in National Plan to combat Caporalato (Annex B).
237.National and regional Councillors of Apulia, Calabria and Basilicata promoted an MoU with Action Aid International, for – free of charge – collaboration also of Equality Councillors in Bright Project, to foster cooperation among migrant agricultural workers (especially from Eastern Europe), local Institutions and Associations, for relevant migrant workers’ reception and stay (Q.19.).
Reply to paragraph 18 of the list of issues
238.Law 199/2016 on combating Caporalato (gangmastering) in agriculture yielded important results. To this end, on October 16, 2019, it was established the interinstitutional WG on Caporalato, the work of which led to the Three-Year Plan developing the relevant National Strategy (Annex B).
239.During 2020, NLI significantly fought against Caporalato and labour exploitation, including by implementing Action 8 of the above Three-Year Plan.
240.Although prevention of contemporary forms of slavery and protection of victims cannot disregard fight against illegal phenomena and restoration of legality, at the same time the most demanding challenge concerns the direct involvement of workers. If, during supervisory activities, it is ascertained the presence of foreign workers employed illegally and whose stay is irregular, inspection staff is required to complete and deliver a form that allows to inform foreign workers of his/her right to wages, insurance and social security contributions.
241.Government’s path aims to fully also implement law-related prevention workstream, including by strengthening the quality agricultural work network.
242.On October 7, Unified Conference confirmed agreement for the new “National Guidelines on identification, protection and assistance of victims of labour exploitation in agriculture”, which considers gender dimension and the relevant specific vulnerability.
Reply to paragraph 19 of the list of issues
243.National Gender Equality Strategy, 2021–2026, illustrates Work-related Priorities and related implementation measures to which to add: Supporting vulnerabilities. Mainstreaming of a gender perspective associated with vulnerabilities (disability, social and economic hardship, violence, labour exploitation and gangmastering) in designing Measures of the Strategy and adoption of specific Measures for vulnerable targets.
244.NRRP also presents programmatic measures aimed at encouraging female participation in labour market and career’s advancement, in line with European Union’s pillar on social rights, besides correcting imbalances that hinder equal opportunities since school age.
245.Not to put women in a position of choosing between motherhood and career, measures are foreseen to strengthen welfare, also to allow for a more equitable burden-sharing linked to parenthood, not only from an economic standpoint.
246.Between 2017 and 2019. women employed increased from 9 million 674 thousand to 9 million 872 thousand.
247.The 2020 crisis, which hit women the most, brought employment, both for women and men, below the values of 2017.
248.Between 2017 and 2020, unemployment fell both for men and women (20.8 and 20.2%, respectively).
249.Decrease was stronger in the last year, especially for women (-11.4%, -9.7% for men).
250.The employment rate of women between the ages of 15 and 64, which in 2019 had exceeded 50% for the first time in Italy, drops to 49% in 2020.
251.Gender gap rises to 18.2 points and is higher in 35-54 age group (22.4 points).
252.Decline – a consequence of the anomalous increase in inactivity due to the 2020 pandemic – also affected men, albeit to a lesser extent (from 75.0% to 73.5%).
253.Participation in labour market is particularly low for women in the South: in 2020 the female activity rate was 39.8%: 26.4 percentage points less than men in the same area.
254.In the South, gender differences in employment are particularly high for women aged between 35 and 54: female employment rate in this age group is 41.5% – over 30 percentage points less than the corresponding male badger.
255.Female unemployment rate is particularly high in the South: 17.9%, compared to 7.0% in the North and 8.9% in the Centre.
256.In 2020, activity rate of foreign women falls for the first time below Italian women’s (52.8% versus 54.9%). 2020 crisis mainly affected foreign women, most employed in the most affected sectors (family services, hotellerie, and restaurants): employment rate went from 49.5% to 44.6% while for Italian women from 50.2% to 49.6%. Gap between foreign women and Italian women for the indicator in 2020 is 5 percentage points and is particularly high in the 25-34 age group (more than 20 points). Foreign women also show more difficulty in finding a job, with unemployment rate of 15.5%.
257.Recalling earlier on information, our legal system established compulsory paternity leave by Law 92/2012. Lastly, Law 178/2020 provides for its extension for the whole 2021, by increasing duration to 10 working days. Moroever, parental leave is provided for by Legislative Decree 151/200: both parents may take it, for 10 months, until the twelfth year of the child’s life.
258.Available places in early childhood services are around 26.9%. A significant variability across the country remains: Only 14.5% of children in the South attend kindergartens.
259.2015 School Reform (Law 107/2015) with the “Integrated system of education and training from birth to six years” (Legislative Decree 65/2017) aims at increasing coverage and reducing territorial differences.
260.Concerning accessibility, the Government, within family policies’ new reform (so-called Family Act), approved by Ministers’ Council No. 51, on 11 June 2020, launched the single and universal allowance for each dependent child (Child Benefit). As earlier on recalled, this is an economic contribution that the State will offer from January 1, 2022, to families for each dependent child, calibrated to the household’s Indicator of the equivalent economic situation (acronym in Italian, ISEE): benefit will increase as ISEE decreases, thus offering a more substantial contribution for those families in more economic distress, also to reduce child poverty (Q.7).
261.Regarding NRRP, under RRF–NGEU initiative, the investment plan for the 0–6 age group (Mission 4) aims at: construction, upgrading and securing kindergartens to increase educational offer and available places; overcoming dichotomy between early childhood education services and those for the 3–6 age group, through establishment of childcare centres; increasing women in labour market, especially after children’s birth. It is estimated that with this investment plan, around 228,000 places can be created before 2026, of which around 152,000 for children in the 0–3 age bracket and around 76,000 in the 3-6 age bracket.
262.In 2020, the Government also launched the project, REFLEX – “Reconciliation and Flexibility: reconciling new work and care needs”, co-financed by EC. This focuses on gender gaps over life cycle, the work-life balance for women and men, including through a better sharing of care, and in particular supporting men and women to make informed choices throughout their life and to promote good practices in companies. Among main actions, mention has to be made of the following:
•To map direct and indirect services and measures, to reconcile work and family already in place, and classify them in thematic intervention areas;
•To collect data on applied measures to increase their understanding in terms of effectiveness and possible transferability;
•To establish a National Community of companies on work-life balance-related issues;
•To support companies in their decision-making on adoption/reinforcement of company welfare measures to increase work-life balance – thus implementing a system of prediction and assessment of companies’ actions according to their specific characteristics.
Reply to paragraph 20 of the list of issues
263.By recalling previous reporting cycle, by DPCM, dated January 12, 2017, the new Essential Levels of Care (acronym in Italian, LEA) were updated, to provide increase in services to support parenting and children, including under particular circumstances (distress or victims of mistreatment and abuse).
264.They include, inter alia:
•Areas of activity of collective prevention and public health (vaccinations, lifestyle promotion, MALINF and MCT surveillance, nutritional prevention);
•Primary healthcare (care in the first month of life – assistance, treatment, rehabilitation);
•Social and healthcare for children, women, couples and families (pre-conception counseling, courses accompanying birth);
•Specialist outpatient care for pregnant women and maternity’s protection;
•Citizens from Non-EU countries who do not have a valid residence permit (all children are registered with the National Healthcare System).
265.As for access to health services by migrant women and asylum-seekers in recovery and social integration programs, to ensure a more uniform and equal access to services, it should be noted that activities coordinated by Interior Ministry are underway to prepare a new National Integration Plan for international protection holders, in which MoH is participating.
266.In 2018, MoH funded the Project, “HIV and sexually transmitted infections: interventions targeted at Italian and foreign women, in contexts of particular vulnerability, to ensure the care-taking and continuity of care”, entrusted to Milan University.
267.The Guidelines on sexual and reproductive health and rights of women living with HIV infection published in 2017 by WHO recommends a woman-centered approach. This project aims to accompany patients and partners at risk of HIV-positive people in prevention and early diagnosis pathways, considering their clinical and human needs and wishes, and breaking down organizational barriers, through:
•Piloting multi-specialist care pathway of prevention, diagnosis and treatment in the context of an organizational system focused on patients with HIV infection;
•Optimization of the care process, by organizing visits in advance and scheduling them on the same day in order to limit the dispersion of time and personnel while caring for the working hours otherwise lost by the patients;
•Collection of clinical data, within a dedicated computer system;
•Creation of an outpatient space dedicated to counseling of partners at risk or in difficulty of HIV-positive people, in collaboration with NGOs, for the implementation of the objectives of the National AIDS Plan for HIV-negative people who are part of discordant couples (Annex 11).
268.To monitor application of Law 194/1978, MoH has been activating a permanent “Technical Table”, with participation of Regional Departments since 2013, in order to monitor individual hospitals and Family Counseling Centers (FCC) regarding the choice of conscientious objection. To this end, several monitoring indicators have been established, summarized in 2 parameters, in order to verify adequate application of this Law, locally, and to identify any critical issues that may not emerge from the overall picture, regionally:
•Parameter 1 – Offer of services for the Voluntary Interruption of Pregnancy (VIP), in terms of available facilities;
•Parameter 2 – Supply of VIP services and right to conscientious objection of operators: average weekly number of VIPs performed by each non-objecting gynecologist.
269.Analysis of the data concerning each parameter is included annually as an integral part of the Report presented to Parliament by MoH.
270.MoH is engaged in a constant evaluation of working methods, with a view to guaranteeing provision of social and health services to all citizens.
271.Free and direct access to care is ensured through Family Counseling Centers.
272.The Epidemiological Surveillance System of VIPs, being active in Italy since 1980, in addition to monitoring the evolution of voluntary abortion, provides data and related analysis for the annual report of the Minister of Health to Parliament.
273.To date, the level of conscientious objection in Italy does not seem to affect the right of women to terminate a pregnancy. The phenomenon is also balanced by several factors, such as: mobility of personnel; special contracts with specialists in obstetrics and gynecology; the introduction of pharmacological abortion in outpatient facilities and family planning clinics, in line with the guidelines issued following the positive technical opinion by Superior Health Council, in 2020. In 2019, the analysis of the average weekly workload of each non-objecting gynecologist by individual inpatient facility shows that in some Regions there is a facility where there is a workload of more than 10 VIPs per week. The evaluation of this parameter includes the regional organizational capacity to guarantee the service through temporary mobility of non‑objecting personnel in other facilities.
274.Moreover, in the context of Covid-19, MoH issued some organizational guidelines for hospitals and territorial services, aimed at remodeling VIPs-related services, among health services that cannot be postponed in the gynecological field.
275.To enhance monitoring of Guidelines on the voluntary interruption of pregnancy’s application with mifepristone and prostaglandins, Regions were invited, through a joint Note by MoH-ISS-ISTAT addressed on June 23, 2021 to the Regional Departments and Referents of Law 194/1978, to complete a short online questionnaire, aimed at acquiring more detailed information on pharmacological VIP, regionally, for the years 2020 and 2021. The analysis of the results of this second survey is currently ongoing (Annex 12).
276.The epidemiological picture of people with severe limitations is significantly worse than the rest of population; in particular, they suffer more frequently from one or more chronic conditions. The share of people who report being in poor health conditions is at 61% (62.8% among women) against 0.6% in the rest of population. Considering only the elderly population, the differences are even more pronounced: 68.7% versus 1.6%. Women with serious limitations show worse health conditions: 56.4% of those under the age of 64 suffer from at least three serious chronic pathologies, compared with 47.4% of their male peers.
277.Among the elderly, gender differences are less pronounced: 83.4% among women and 80.4% among men. Data on PwDs under Qs.2.7..
Reply to paragraph 21 of the list of issues
278.By recalling earlier on information, as for the reception of refugee, asylum-seeking and migrant women, the latest public data shows an increasing presence of women/girls within the Reception System (SAI). This has been the ongoing trend since 2016, with an increase of 1.3 percentage points between 2019 and 2020. Almost half of these women in 2020 is Nigerian. They are the main victims of trafficking and violence.
279.In general, the main vulnerabilities registered amongst beneficiaries of reception refer to: victims of trafficking and victims of torture/violence, who are mainly women/girls, followed by pregnant women/girls. To respond to these needs, SAI has dedicated places for women, including single mothers. Moreover, SAI hosts women in need of specialised and prolonged health assistance as well as women with mental disorders.
280.As for UAMs, by recalling the 2017 Zampa Law (illustrated to UN CEDAW Committee, in July 2017), SAI network has places dedicated to pregnant girls and girls with children.
281.A Handbook is going to be developed, to promote a governance model to strengthen taking care of vulnerable persons during all reception phases, starting from their early identification following their entry in the national territory. In 2021, it was established an inter-institutional inter-agency WG.
282.GBV suffered by migrant women falls within the broader context of the vulnerabilities of the population with migratory experience: A recent legislative measure (Legislative Decree 142/2015, as amended by Law 173/2020) requires “verification of the existence of special needs and specific situations of vulnerability (…) in accordance with Guidelines issued by MoH, in agreement with Interior Ministry and other administrations that may be concerned”.
283.Under international protection procedure, to provide early identification of potential victims of GBV, National Asylum Commission (CNA), together with UNHCR, developed standard operating procedures (SOPs) on identification of gender-based survivors and referral (Completed in December 2021, this text was co‑financed with European emergency funds, and is currently under publication).
284.As a way of examples, to enhance protection of Afghan families, especially women, at the end of 2021 Interior Ministry established 3000 new places in the Italian Reception System, to be assigned to Afghans evacuated to Italy after Kabul’s fall through ad hoc arrivals and thanks to the joint efforts by MoD, MFA, and Ministry of Interior. On November 4, 2021, Ministry of Foreign Affairs, Ministry of Interior, UNHCR, IOM and several CSOs signed an MOU to establish humanitarian corridors, for Afghan citizens (vulnerable women and girls included), from Pakistan and Iran.
285.The activity of Italian Coast Guard (dependant on the Ministry of sustainable infrastructure and mobility)”, in particular search and rescue at sea, is carried out in compliance with international and domestic legislative framework.
286.Italian “Search and rescue region” (SRR) was identified by Presidential Decree 662/1994, within which, according to the provisions of the SAR Convention, search and rescue services are provided. This area of responsibility does not extend to the whole Central Mediterranean Sea, since other coastal States that have declared their own area of responsibility, are present in this sea area.
287.In any case, the I.M.R.C.C., in compliance with SAR Convention’s provisions (Chapter III and para. 4.2.3 of the Annex), ensures cooperation with the corresponding Maritime Rescue Coordination Centers (MRCC) of the other coastal States, in particular with the neighboring ones, also in order to promptly provide information about possible units or persons in danger of getting lost within their respective areas of responsibility and to allow timely coordination of search and rescue operation by the competent MRCC.
288.In compliance with the above Conventions, the SAR activities performed outside the Italian SAR area and coordinated by the competent MRCC for Area, fall within direct and exclusive responsibility of the States that coordinated such rescue operations and of the flag States of the units that took part in such operations, also with regard to possible issues related to the respect for human rights and the elimination of all forms of discrimination against women.
289.It should be noted that, in any case, the rescue activities coordinated by I.M.R.C.C. and/or carried out by units flying the Italian flag are performed in full compliance with the above-mentioned rules of international and national law, also regarding human rights, without any discrimination on the ground of age, gender, nationality, religion, political opinions, etc. of the persons in need of assistance. These activities are also carried out in liaison with the competent national institutions, based upon the national legal system, and in particular with Interior Ministry (Annex 13).
Reply to paragraphs 22 and 23 of the list of issues
290.Entrepreneurship and women’s empowerment has been at the center of the work of the Italian Presidency of the G20 and to this end the first conference dedicated to women’s empowerment in the G20 context was hosted in Santa Margherita Ligure, on August 26, 2021, thus bringing attention inter alia to the implementation of policies to increase women’s participation in the public and private sphere and the protection of their rights, also to address GBV.
291.Although women’s empowerment is undoubtedly a cross-cutting issue, to encourage a cohesive and participatory debate, two thematic macro-areas have been proposed for debate:
•STEM, financial and digital skills, environment and sustainability;
•Work and economic empowerment and harmonization of lifetimes.
292.The results of this exercise are contained in the Presidency’s final document. This features prominently in the National Strategy for Gender Equality. Moreover, the NRRP envisages a specific investment (around 400 million Euros) to support female entrepreneurship.
293.Recently, many measures have been launched to support gender equality and women empowerment processes. During the current Legislature, the traditional measures launched in support of women entrepreneurship have been strengthened.
294.To cope with economic crisis generated by the pandemic and to develop a renovated culture of gender equality, the Government is implementing credit support and other forms of direct support, together with actions for the dissemination of entrepreneurial culture among women.
295.Ministry of Economic Development (acronym in Italian, MISE) manages several measures:
•Women’s Enterprise Committee established inter alia to formulate relevant legislative-related recommendations and to develop the involvement of women in business and economy;
•Women’s Enterprise Fund, to develop women’s entrepreneurship;
•The 2021 Budget Law (allocating 40 million Euros to MISE, to provide support to women’s investment in business start-up and finance the capital structure of women enterprises, specifically in the high technology sectors);
•Training and orientation programs towards individuals and professions in which the presence of women must be adapted to the indications provided at the European and national levels, with initiatives to promote the value of women enterprises in schools and universities;
•Entrepreneurial culture among women;
•Guidance and training on STEM studies and towards professions typical of the digital economy;
•Communications to spread women business culture and promote funded programs.
296.As mentioned earlier on, NRRP provides 400 million Euros to be dedicated to women entrepreneurship. Moreover, women entrepreneurship benefits from 2 dedicated measures from the Guarantee Fund for small-sized enterprises (SMEs): ON (Oltre Nuove financing women companies at 0 rate) dedicated to young entrepreneurs and women (of all ages); SMART and START (major financement for startup established by women). Information about these measures is available at Invitalia website.
297.Approximately 70% of Italian population lives in rural areas: we are talking about 41.3 million inhabitants. Women represent 51% of the population living in Italian rural areas (Annex 14).
298.A look at the main activity that characterizes rural territories, that is, the agricultural sector, shows how the incidence of work has been progressively reduced over the years and how this reduction has mainly affected women, whose rate has gone from 30.8% in 2008 to 25.9% in 2019 (ISTAT data).
299.The reduction in agricultural businesses run by women in the period 2014–20 was recorded, above all, in the North (-11.9%) and in the Centre (-7.1%), while in the South of the country, where 51.5% of businesses are present, the drop was very limited (-0.7%).
300.It should be noted that the drop in female labour in agriculture has not affected those areas in which women have invested the most in recent years. On the contrary, we are talking about diversification of activities in farms, such as:
•Agritourism, in which the growth rate of the female quota that manages them has risen, from 2010 to 2019 – 3 points higher than those conducted by males (+25.1% against 22%);
•Educational activities. More than 40% is exercised in female farms;
•Social agriculture, of which the leadership of the farms in which it is practiced is 54% in the hands of women.
301.Although the growing share of women in the diversification of farms is mainly due to the strong desire of women to carve out an active role within farming, it is also the result of support from women’s agricultural Associations, supporting their members in the paths towards professional growth, as well as public policies, which, within Rural Development Programs, have strengthened the interventions in support of business diversification, by also increasing the relevant financial resources.
302.As for female entrepreneurship in agriculture, by Budget Law 2020 (with initial 15 million Euros), the Government introduced the measure entitled “Women in the field”, to encourage the development and consolidation of farms run and managed by women. This measure was refinanced in 2021 with an additional 15 million Euros.
303.As for relevant employment, in 2018 in Italy the number of fixed-term contracts in agriculture was more than 986 thousand and a little more than 1/3 of these concerned women (INPS data, 2018).
304.ISTAT statistics on the numbers of labourers indicate how non-EU immigrant female workers in agriculture in the last 10 years have grown by more than 20%, while there has been a gradual decrease in EU foreign workers (-14.5%).
305.Non-EU labourers are mostly employed on seasonal contracts of less than 51 working days. This contributes to an increase in the level of vulnerability in terms of less protection for these workers (Annex B).
306.Since September 2015, the Quality Agricultural Work Network (established by Law-Decree 91/2014) has been active, to include a rewarding element, consisting inter alia in giving visibility to companies standing out for compliance with labour standards.
307.As of July 2019, there were about 3,800 participating farms, about 2% of Italian farms. Most likely, this percentage will face a significant increase over the next five years thanks to the introduction, in the future Common Agricultural Policy, of the social dimension in cross-compliance, which makes EU support conditional on full compliance with standards to safeguard and protect workers. Italy has strongly supported this dimension, which provides for the reduction of support for companies that do not comply with relevant rules.
308.Equality Councillors are organized to ensure protection against gender-based discrimination in every area. They operate not only at a national level, but also on a provincial and regional basis.
Reply to paragraph 24 of the list of issues
309.By recalling previous reporting cycle, MoH clarified that the so-called ‘parental alienation syndrome’, i.e. manipulation of child’s will to distance the other parent, is not recognized as psychopathological disorder by most scientists and is not even included in any of the classifications in use, such as the International Classification of Diseases, given the lack of supporting data (29 May 2020 Note of Health Minister, Mr. Speranza).
310.As for the case-law, under its nomofilactic function, the Supreme Court consistently held that the Tribunal is required to ascertain the de facto conduct of the parties, using the common means of proof, to verify whether one parent is actually excluding the other, from child’s life or is hindering relations with the child (Order 13217/2021 and Court of Cassation, Civ., 6919/2016); thus excluding that theories assumed in their absoluteness, a fortiori when lacking scientific evidence such as PAS, may, even if detected by the consultant appointed by the judge, constitute the exclusive basis for delicate decisions, including those concerning the relationship between parents and children.
311.Moreover, the delegated law reforming civil trial (Chamber Act, A.C.3289, and Senate Act, A.S. 1662), which has just been approved by Parliament envisages that the family judge will be able to undertake summary investigations to ascertain, with immediacy, the causes of child’s refusal to see one of their parents and violence besides adopting possible safeguards and protection measures.
312.Moreover, the above legislation obliges the court-appointed technical consultant to follow ‘the protocols and methodologies recognized by scientific community without making assessments on characteristics and personality profiles that are extraneous to them’. The strengthened dialogue between civil and criminal authorities will allow the civil Court to have comprehensive knowledge of violence in the family setting, to better determine measures to be taken, on a case-by-case basis.
313.Since 2015, divorces have undergone sharp increase (+ 57.5% in just one year) following the entry into force of two laws that have made important changes to rules governing dissolution and termination of marriage’s civil effects:
•Law-Decree 132/2014 to expedite consensual procedures without going to Court;
•Law 55/2015 (the so-called fast-track divorce), greatly reducing the interval between separation and divorce – twelve months for judicial separations and six months for consensual separations, respectively.
314.In 2019, 85.0% of separations ended by consensus: a stable percentage with slight fluctuations, over the last decade. On the other hand, the share of divorces by mutual consent appears to be lower (70.1% in 2019).
315.After the peak of 2016 (78.2%), the proportion of consensual divorces decreases to return to the level of the beginning of the decade (72.4% in 2010).
316.Considering the separations granted by civil Court by the type of judicial separation: in 8 separations out of ten is the intolerable cohabitation; the other reasons are husband responsible for the failure of the marriage (13.7% in 2018) and wife responsible for the failure of the marriage (3.5%).
317.Considering the divorces by spouse who presented the petition for divorce with judicial proceeding are about half from husbands and about half from wives.
318.As for the type of custody, since 2016 there has been a clear reversal of the trend in both separations and divorces, following Law 54/2006 on shared custody of children between the two spouses. Starting in 2006, the share of custody granted to the mother has been greatly reduced to the advantage of shared custody.
319.The real “overtaking” took place in 2007 (72.1% of separations with children in shared custody against 25.6% of those with children in custody exclusively to the mother), and then consolidated further.
320.Today, children in shared custody in separations amounted to about 95% and in divorces to about 92%. The share of custody to the father continues to remain at very low levels.
321.Considering only the judicial component, both separations and divorces that present a joint custody (or mixed custody if considering more children) are more than 85%. This percentage too remains quite stable over time (Annex 15).
Reply to paragraph 25 of the list of issues
322.A Bill, aimed at further fighting discrimination based on sex, gender, sexual orientation, gender identity and disability intervenes on criminal code, to broaden the scope of crimes against equality (contained in Articles 604-bis and 604-ter) to punish discriminatory and instigating discrimination conducts, violent and incitement to violence. The unified text approved by Chamber of Deputies is to be examined by Senate.
323.Published in the Official Gazette, the delegated law on disabilities came into force, on December 31, 2021, to frame a new approach that has at its core PwDs and all life’s aspects, in line with ICRPD.
324.Gender Medicine stems from the idea that differences between men and women in terms of health are linked not only to their biological characterization and reproductive function, but also to environmental, social cultural and relational factors defined by WHO. This new point of view is to be included in all medical specialties with a life-course approach, with the ultimate goal of ensuring each person the best care, besides further strengthening “patient-centeredness” and “personalization of therapies” concepts.
325.Law 3/2018 provides that MoH, having consulted the Unified Conference and making use of ISS-National Reference Center for Gender Medicine, adopts a specific Plan for the application and dissemination of Gender Medicine. This Plan was adopted by Ministerial Decree dated June 13, 2019.
326.By MoH’s Decree of Health dated September 22, 2020, the Observatory on Gender Medicine was established at Superior Health Institute (in Italian, ISS), to monitor implementation of relevant actions, accordingly.
327.By Legislative Decree 123/2018, under Art.19 of prison regulations law, it was introduced the following paragraph 3: “Through the planning of specific initiatives, equal access of women prisoners to cultural and professional training is ensured”. Although vocational training projects have gone through ups and downs, meaningful practices are still operational, such as the farms at Women Rebibbia Prison and CRF Venezia, as well as the coffee roasting plant Lazzarelle in Pozzuoli and production of soap and natural cosmetics organized by Rio Terà dei Pensieri cooperative in Venetian institutions.
328.Article 24 of Circular 0308268-2008 inter alia envisages hairdressing services for female prisoners.
329.Within ICAMs, Law 62/2011 provides for the possible inclusion of pregnant women and parents (mothers and fathers in case of absence/impossibility of the mother) with children under the age of six in pre-trial detention, as well as parents of children up to the age of 10 in the phase of serving their final sentence, even while waiting to be admitted to the so-called special home detention envisaged by Art. 47-quinquies, provided that they are not detained for any of the crimes indicated in Art. 4-bis, Penitentiary Order.
330.Penitentiary Administration has devoted financial resources and planning efforts to the creation of dedicated facilities within which the organization of life is proposed as compatible with the needs and requirements of children.
331.Number of mothers and children hosted in detention facilities has decreased considerably over the last year, as a result of the increasing recourse by the Judicial Authorities to alternative measures, to avoid children a traumatic impact with daily prison life. As of February 22, 2022, at ICAMs there are 16 mothers and 17 children.
332.To allow female prisoners with minor offspring living together, who lack family and housing references, to serve alternative sentences, Law 62/2011, as mentioned in previous reporting cycle, has established protected family homes. By Budget Law 178/2020, the Legislator funded the reception system, earmarking 1.5 million Euros per year, for 2021, 2022, 2023, respectively, to Ministry of Justice.
333.In November 2021, it was published Ministry of Justice’s Decree, on “Repartition among Regions of Fund to receive parent detainees with children at protected family-homes and at those homes for the residential accommodation of mothers with children”.
334.On a different note, the NLI three-year training plan, 2020–2022, provides for specific training on equal opportunities and prevention of harassment at workplace, to be implemented in collaboration with National Equality Councillor and the related Network of equality councillors.