Committee on the Elimination of Racial Discrimination

Eightieth session

13 February – 9 March 2012

Implementation of the International Convention on the Elimination of All Forms of Racial Discrimination

List of themes to be taken up in connection with the consideration of the sixteenth to eighteenth periodic reports of Italy (CERD/C/ITA/16-18)*

The following is a list of themes identified by the Country Rapporteur in connection with the consideration of the sixteenth to eighteenth periodic reports of Italy. The list is meant to guide the dialogue between the State party delegation and the Committee and does not require written replies. This is not an exhaustive list as other issues will be raised in the course of the dialogue.

1.The Convention in domestic law, institutional and policy framework for its implementation (arts. 2, 4, 6 and 7)

(a)Updates on legislative reform to include specific aggravating circumstance for all offences with racial motivation (CERD/C/ITA/16-18, para. 36, CRC/C/ITA/CO/3-4, para. 25 d) and severe penalties for propaganda advocating racial or ethnic superiority;

(b)Information on racist violence, crimes and hate speech directed at ethnic and religious minorities, asylum seekers, refugees and migrants;

(c)Additional measures taken in combating xenophobic attitudes, racial stereotyping and hate speech, by politicians, in the media and on the Internet (CERD/C/ITA/CO/15, para. 22, CERD/C/ITA/16-18, paras. 37, 182);

(d)Remedies for victims of racial discrimination and information on court cases (CERD/C/ITA/CO/15, para. 21, CERD/C/ITA/16-18, paras. 37-39);

(e)Update on efforts to establish an independent human rights institution in accordance with the Paris Principles (CERD/C/ITA/CO/15, para. 13, CERD/C/ITA/16-18, para. 23);

(f)Impact of projects of the National Office against Racial Discrimination in combating racial discrimination and promoting multiculturalism including in sports (CERD/C/ITA/16-18, paras. 40-43);

(g)Efforts to integrate persons belonging to minority groups into the police; impact of human rights training for police officers (CERD/C/ITA/CO/15, para. 19, CERD/C/ITA/16-18, paras. 47-49);

(h)Measures taken to ensure that financial crisis does not have negative impact on efforts made or to be made to fight racial discrimination.

2.Situation of Roma and Sinti communities (arts. 2 to 7)

(a)Measures to adopt comprehensive legislation, strategy and policies to promote economic, social and cultural rights for Roma and Sinti; information on measures taken to eradicate negative attitudes and stereotypes of these communities (CERD/C/ITA/CO/15, paras. 12 and 16, CERD/C/ITA/16-18, para. 135);

(b)Update on remedies provided after the Council of State has ruled to end the “nomad emergency” which led to forced evictions of Roma and Sinti (CERD/C/ITA/CO/15, para. 14, A/HRC/WG.6/7/ITA/3, para. 13);

(c)Promotion and protection of rights to education and health for Roma and Sinti children (CERD/C/ITA/CO/15, para. 20, CERD/C/ITA/16-18, paras. 135-136);

(d)Specific protection provided to Roma and Sinti women (CERD/C/ITA/16-18, para. 148).

(e)Information on statelessness cases affecting Roma.

3.Discrimination against non-citizens including migrants, refugees and asylum-seekers (arts. 5, 6 and 7)

(a)Measures to promote social and economic rights of non-citizens such as right to education, health, employment, adequate housing including private rental housing;

(b)Discrimination against migrants and refugees in the labour market (CERD/C/ITA/CO/15, para. 17, A/HRC/4/19/Add.4, para. 49);

(c)Protection of migrant women against abusive working conditions and trafficking (A/HRC/4/19/Add.4, paras. 49 and 51);

(d)Living conditions in reception centres for migrants and asylum-seekers;

(e)Further information regarding Law No. 94/2009 on public security which criminalizes undocumented entry and stay in Italy (CRC/C/ITA/CO/3-4, para. 68); impact of law 129/2011 on the right to free movement for migrants and on the principle of non-refoulement.