Committee on Economic, Social and Cultural Rights
F ifty-sixth session
21 September-9 October 2015
Item 6 (a) of the provisional agenda
Consideration of reports: reports submitted by State s parties in accordance with articles 16 and 17 of the Covenant
List of issues in relation to the fifth periodic report of Italy
Addendum
Replies of Italy to the list of issues * , **
[Date received:17 September 2015]
I.General information
Reply to the issues raised in paragraph 1 of the list of issues (E/C.12/ITA/Q/5)
1.For the time being the provisions of the Covenant have not yet been invoked nor applied by national courts. Italy ratified the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights in October 2014, by Act No. 152 and confirmed its commitment under the UPR framework between October 2014-March 2015, while the National Action Plan on Business and Human Rights was being drafted.
Reply to the issues raised in paragraph 2 of the list of issues
2.As for the establishment of an independent national human rights institution in conformity with the Paris Principles, during the current Legislature (XVII) six draft laws have been submitted to the Chamber of Deputies and to the Senate: they are currently under examination.
3.In 2014 the Inter-ministerial Committee for Human Rights (CIDU) has promoted a public consultation with civil society, creating an ad hoc Working Group within the Italian Ministry of Foreign Affairs and International Cooperation.
4.More recently, on July 22, 2015, the CIDU organized the conference “To protect and promote human rights. The creation of an independent national institution”, with the participation of international experts, Parliamentarians and CSOs and the intervention of the Minister of Foreign Affairs and International Cooperation, the Hon. Paolo Gentiloni.
5.Furthermore, mention has to be made of the establishment of: the National Observatory on the promotion and protection of the rights of persons with disabilities; the National Ombudsman on the Rights of the Child; and, more recently, by Law-Decree 146/2013, the National Authority for the Rights of Detainees and Prisoners.
II.Issues relating to general provisions of the Covenant (arts. 1-5)
Article 2, paragraph 1 – Maximum available resources
Reply to the issues raised in paragraph 3 of the list of issues
6.Italy adopted the European Food Aid Program, approved within the Common Agricultural Policy (CAP). This is an excellent example of how to meet people’s basic needs through a combined action between public Institutions and private sectors. This measure has two main purposes: a social goal (to significantly reduce the vulnerable conditions of poor people) and a market target (to stabilize the markets of agricultural products through the reduction of intervention stocks).
7.The adoption of this Program underlines the capacity of Italy to face the dramatic social crisis affecting Europe today, due to the financial and economic problems of recent years.
8.The Rural Development Programs have financed diversification through Measure 3.1.1 “Diversification into non-agricultural activities”. The number of women among the beneficiaries of this measure is quite positive (32% of the total number of beneficiaries).
9.Taking into account the relevance that more comfortable transfers indirectly have on women’s participation in work life, the institutional representatives of rural areas have bet on the implementation of services for the improvement of transportation in rural areas. Measures for the mobility services have represented a challenge, particularly in some Regions (Puglia, Sardegna, Marche), that have included in their Rural Development Programs the attribution of a bonus for projects dealing with this issue.
10.The Italian Ministry of Agriculture has contributed to the creation of specific financial implements aimed at reducing the negative impact deriving from these problems, including the “Guarantee Fund” and the “National Fund for Credit.”
Article 2 – Non-discrimination
Reply to the issues raised in paragraph 4 of the list of issues
11.The Italian legal system aims at ensuring an effective framework of guarantees, to fully and extensively guarantee the fundamental rights of the individuals, providing them with a wide range of protection means which have, as their core, the principle of non-discrimination as set out at Art. 3 of the Italian Constitution: “All citizens possess an equal social status and are equal before the law, without distinction as to sex, race, language, religion, political opinions, and personal or social conditions”. The main scope of the Basic Law emerges by its second paragraph that, in addition to establishing the autonomous principle of the so-called “substantial” equality and equal opportunities for all citizens in social, economic and political life, expresses a rule of interpretation to be reflected in the implementation of the principle of the so-called “formal” equality. In fact paragraph 2 describes the guarantee of non-discrimination vis-à-vis the results produced or to be produced in the concrete life relations, thanks to the primary constitutional imperative of removing the “de facto” limits to equality and to pursue the ultimate goal of the “full” self-determination of the individual along with the “effective” participation in community life.
12.In addition, art. 43 of Act No. 40/1998 — Legislative Decree No. 286/1998 (the so called “Consolidation act on immigration”), concerns discrimination on the grounds of race, skin colour, descent, national or ethnic origin, personal and religious belief, and language.
13.Moreover, the implementation of the principle of equal treatment by the European Commission resulted in the promulgation of two Directives for the protection of rights against all forms of discrimination: the Directive 2000/43/EC, which prohibits all forms of discrimination based on race or ethnic origin, in any area or sector, both private and public; the Directive 2000/78/EC, that regulates the prohibition of discrimination on grounds of religion or belief, disability, age or sexual orientation, as regards employment and occupation.
14.According to the guiding principles included in Art. 29 of EU Law No. 39/2002, the Italian Government promptly transposed the contents of the first Directive through the adoption of the Legislative Decree No. 215 of 9 July 2003. By means of this Decree the national regulations were provided with important regulatory and administrative provisions ensuring the implementation of effective instruments of protection against all forms of discrimination on grounds of race or ethnic origin, according to a comprehensive approach based on the principle of equal treatment in the public and private sectors, with respect to access to employment, occupation, guidance and vocational training, membership of workers’ or employers’ organisations, social protection, healthcare, social benefits, education, goods and services, judicial protection of victims by civil actions against discrimination, including presumptive proof in favour of the victim and awarding compensation for damage.
15.Taking into account these national instruments but also the relevant international ones, in March 2015 the second Action Plan against Racism, Racial Discrimination, Xenophobia and Related Intolerance was finalised, and on April 8, 2015 approved by the State-Region Conference. This will be a strategic policy and action-oriented document covering the next three-year term (2015-2017), in line with relevant Minister’s Directives dated 2012 and 2013, respectively.
16.In terms of target group and scope, this Plan will cover both foreign citizens who live in Italy and Italian citizens of foreign origin, including those belonging to religious and ethnic and linguistic minorities. From a substantial standpoint, this Plan includes eight thematic areas/priorities, including matters of concern, actions, and objectives to be achieved, inter alia, by affirmative actions, in line with the legislation in force. Main thematic areas include: Work and Employment; Housing; Education; Health; Contacts with Public Administration; Law Enforcement; Sport; Media and Communication; Collecting Data; Legislative Framework.
17.Once approved by the Council of Ministers, ten Working Groups will be set up with the aim of monitoring the implementation of this comprehensive Plan by a 6-month sectorial plan relating to each Working Group.
18.It is also worth mentioning that in November 2014, the DPO set up an ad hoc Fund to support victims of discrimination during relevant judicial proceedings.
Reply to the issues raised in paragraph 5 of the list of issues
19.In accordance with Article 3 of the Italian Constitution, devoted to the principles of “formal and substantial” equality, Italy is firmly committed to eliminating all forms of discrimination, including those against non-citizens.
20.The Constitutional Court stressed the equality between Italian citizens and Non Italian citizens in the enjoyment of basic human rights (Verdict 187/10); and that the solely criterion of citizenship cannot be reasonable in itself. In fact, when the Public Administration detects a need, this cannot be limited to the minimum stay duration criterion (Verdict 2/2013).
Reply to the issues raised in paragraph 6 of the list of issues
21.Since 2010, within the Ministry of Interior-Department of Public Security-Central Directorate of Criminal Police, an “Observatory for security against acts of discrimination” (OSCAD) was set up, for preventing and combating hate crimes.
22.With regard to persons with disabilities, ensuring their non-discrimination means working in a mainstreaming way. For this purpose the Directorate General for Development Cooperation of the Italian Ministry of Foreign Affairs and International Cooperation (DGDC) adopted in July 2015 the “Accessibility Standard Guidelines for buildings funded by DGDC” in the framework of the activities foreseen by the Italian Disability Action Plan.
23.These guidelines provide that persons with disabilities, on an equal basis with the other persons, can access buildings, services and facilities, and, at the same time, have equal job opportunities. This includes the right of persons with disabilities to earn a living through working in an open, inclusive and accessible environment.
24.Moreover, in pursuing non-discrimination, the projects funded by DGDC in collaboration with partners in developing countries, offer access to training opportunities in several fields to the persons with disabilities, often deprived of employment opportunities (a best practice was implemented in Kosovo with the project “Support the implementation of the Kosovo Disability Action Plan”).
Reply to the issues raised in paragraph 7 of the list of issues
25.Regarding the implementation of the “National Strategy for the Inclusion of Roma, Sinti and Travellers Communities in Italy, 2012-2020”, in November 2014 was adopted the “Plan of Action for and with the Roma, Sinti and Travellers Communities”. It focuses on three main areas: ad hoc training for socio-healthcare workers; information and access to services for RSC; prevention, diagnosis and care. Specific attention is paid to women and children in line with Objective 3.1. of the National Strategy. Further, it envisages various actions to promote women’s empowerment, a key factor to Roma inclusion. In terms of specific actions, mention has to be made of the following: Actions 1.1, 1.2, 1.3 envisage training for health-care providers from both the territorial and hospital-related services, training for general physicians and paediatricians, and training for other social-care providers; with the aim of covering the Italian territory on its whole, Actions 2.1, 2.2, 2.3 envisage mapping of the territorial health-care services, information and orientation, respectively; and, finally, Macro-area 3 is devoted to prevention, diagnosis and care services.
26.The Ministry of Health published the RSC National Strategy at the end of 2012, set up a Political Control Room made up by the National Office against Racial Discriminations (UNAR), representatives of Central Institutions, Regions and Local Authorities, including Mayors of large urban areas and representatives of the Roma, Sinti and Travellers Communities. In order to implement the RSC National Strategy, and in the framework of the Technical Discussion Group on Health, initially coordinated by the National Institute for the promotion of Migrant populations’ Health to combat Poverty-related diseases (INMP), and later by the General Directorate, the Ministry of Health drafted “the Action Plan on Health for and with the Roma, Sinti and Travellers communities”.
27.This Action Plan is based on a shared approach and sets out actions for the promotion and protection of the health of RSC communities.
28.The positive experiences of research and actions undertaken in the field over the last few years (best practices) have been incorporated as an integral part of the Plan to be usefully implemented in other territorial conditions (i.e. Information material).
29.The Plan is developed with a view to a systemic mediation. Faced with difficult, multifaceted conditions as it is the case for RSC health, it is necessary to “think in terms of systemic mediation” i.e. to start a process of organizational change to ensure that correct communication and relations with users are always guaranteed: users must have equal opportunities of access; the policies and services must play an active role in identifying the relevant course of action and methodologies; the communities should be involved in the definition and implementation of appropriate measures and granted equal dignity in this process.
30.In order to ensure a thorough implementation of the health goals set out in the National Strategy for the Roma, Sinti and Travellers (RSC) on the whole of the Italian territory, the “Health Action Plan for and with the Roma, Sinti and Travellers Communities” will be forwarded to the Health Authorities of the Regions and the Autonomous Provinces for disseminating it to the social and health services at territorial level, in order to implement the actions targeted to the objectives identified in the three macro-areas of intervention.
Reply to the issues raised in paragraph 8 of the list of issues
31.The Italian reception system consists, at the first level, of 14 Reception Centres and Centres of first aid and reception. The Presidential Decree 394/1999, Article 21.2, states that detention Centres should provide detainees essential health services, activities for their socialization and freedom of worship.
32.Following identification, asylum-seekers are hosted for an initial period in specific Reception Centres for asylum seekers (CARA), which provide: legal assistance, Italian language teaching, healthcare services, and the supply of food and other essential services.
33.After the initial period in CARA Centres, refugees and asylum-seekers are hosted in the Asylum-seekers and Refugees Protection System Network (acronym, SPRAR), which provides additional services: linguistic and cultural mediation, job orientation, multicultural activities, and legal aid.
34.Unaccompanied minors are housed in Reception Centres. They are entitled to a residence permit, until they reach the age of 18. Upon coming of age, they can obtain a residence permit either for study or working reasons.
35.Within the school system, specific attention is paid to migrant students and a national Observatory for foreign students’ integration has been established. In 2014, the new Guidelines for the reception and integration of foreign students have been adopted.
Article 3 – Equal rights of men and women
Reply to the issues raised in paragraph 9 of the list of issues
36.Over the last years, the percentage of women in top economic and political decision-making positions has considerably increased in Italy due to the elaboration and implementation of several specific positive actions and best practices, which have led Italy to become one of the most advanced countries in Europe.
37.Following the entry into force of Law No. 120 of 12 July 2011 on “Equal access to Boards of Directors and Boards of Statutory Auditors of publicly listed companies”, the percentage of women in publicly listed companies is currently equal to 25.5%.
38.The percentage of women in the Boards of Directors of publicly listed companies has substantially increased as a consequence of the implementation of the above mentioned Law, considering that in 2010 women’s representation in Italian publicly listed companies was equal to about 6%.
39.The current percentage of 25.5 is above the European average, which, according to the data published by the European Commission in October 2014, is equal to 20.2%.
40.Following the entry into force of the Decree of the President of the Italian Republic No. 251-30 November 2012, a substantial increase in women’s representation in the Boards of Directors and Boards of Statutory Auditors of State-owned companies has been recorded: the percentage is currently equal to 25.8%.
41.Numerous are the measures taken at the national level to improve gender equality in political decision-making issues. As a result, the number of women working in the Italian political institutions has considerably increased. In particular, according to the Organisation for Economic Cooperation and Development (OECD) Report “Government at a glance 2015”, the percentage of women parliamentarians has increased from 10% in 2002 to 31% in 2015, thus overcoming the OECD member countries’ average (27.8%). Within the Government, in 2005 the percentage of women ministers was equal to 8%, whereas in the current Government women represent 44% of all ministers.
42.As for legislative measures recently taken to improve the equal participation of women and men in political decision-making, the following are worth mentioning:
Law No. 52-6 May 2015 establishing “Provisions concerning the Elections of the Chamber of Deputies”. This law provides for that: 1) candidates must be registered in each political party’s list in alternating order according to gender; 2) the heads of the lists of the same gender may not make up more than 60% of all the candidates in each jurisdiction; 3) voters may cast their vote for up to two preferences for candidates among those candidates who are not heads of lists. Voters who choose to vote for a second candidate within a list must have to opt for a candidate of the gender other than that of their first choice candidate. Currently, the Italian Senate is composed of 230 men Senators (71.7%) and 91 women Senators (28.3%). In the Italian Chamber of Deputies, the percentage of women is equal to 31.1% (196), whereas men represent 68,9% (434) of all seats.
Law No. 56-7 April 2014 establishing “Provisions on metropolitan cities, provinces, unions and fusions of municipalities”, which provides for that in the councils of municipalities with population larger than 3,000 inhabitants, neither sex can be represented by under 40%, rounded off to the nearest whole number. Currently, 1,080 women are majors in Italy, representing 13.4% of all majors. Also the representation of women among aldermen has significantly increased.
Law No. 215-23 November 2012 establishing “Provisions to promote gender balance in local governments’ and regional councils. Provisions on equal opportunities in the composition of selection boards for competitions in the public administrations”, which provides, for municipalities with more than 5,000 inhabitants: 1) the so-called “list quota” (neither of the two sexes may represent more than two-thirds of the candidates on electoral lists. Moreover, only in municipalities with more than 15,000 inhabitants which do respect the quota, the annulment of the list is applied); 2) the introduction of the so-called “double gender preference” allowing the voter to express two preferences (instead of one as envisaged by the previous legislation), provided that the preferences concern candidates of different sex; if not, the second preference is annulled. Before the entry into force of the law the percentage of women in local governments’ councils was 11.2%. After the 2013 election, the percentage has increased to 27.9%.
43.On a positive note, following last domestic general parliamentary elections, 31% of the Parliament’s members are women — besides being the youngest Parliament ever. Further, at the last EU Parliament elections-2014, the increase in women amounts to 39,7%.
Reply to the issues raised in paragraph 10 of the list of issues
44.As for gender stereotypes preventing women to access or advance in certain sectors traditionally dominated by men, over the past years, Italy has carried out several actions to improve the role of women in the scientific field and fight against the discrimination that women suffer in this strategic sector.
45.In particular, through the Department for Equal Opportunities of the Italian Presidency of the Council of Ministers, the Italian Government coordinated and co-funded the following projects:
PRA.G.E.S. (2009) — “PRActising Gender Equality in Science”- The project consisted of a coordination action aimed at comparing the various strategies implemented for promoting the presence of women in decision-making positions relating to scientific research in public institutions. All the outcomes of the project have been collected in the “Guidelines for Gender Equality Programmes in Science”;
WHIST (2009) — “Women Careers Hitting the Target” was devised with the aim of better understanding the problem of the under-representation of women in science, through the implementation of experimental activities concerning gender diversity management policies in the organisations involved in the project;
STAGES (2012) — “Structural Changes to Achieve Gender Equality in Science” was designed with the general aim of launching structural change strategies addressing the many and interconnected layers of the problem of gender inequality in science from an integrated perspective, deeply involving human resources management in research institutions, modifying its basic tenets to a gender-oriented direction;
TRIGGER (2013-present) — “TRansforming Institutions by Gendering contents and Gaining Equality in Research” — aims at promoting systemic interventions designed to have deep, long-lasting and widespread impacts at all the different levels in 5 research organisations. The project is carried out with the assistance of an institute specialised in gender and science and involves as co-founders 5 universities from different EU countries.
46.Building on the results of previous projects, integrated actions are being implemented in each university addressing different aspects of gender inequality in science.
47.The projects above have involved, among the EU partners, 3 Italian Universities, and following their implementation, the then Minister for Equal Opportunities of Italy signed, in September 2010, a Memorandum of Understanding with the Ministry of Education, University and Research, aimed at promoting equal opportunities in science, thus creating, for the first time in Italy, a national strategy to increase the participation of women and girls in science and technology education, training, research and employment. It provided for the establishment of a Consultation Panel composed of experts from public administrations, Universities and the civil society, with a view to elaborating concrete measures to achieve gender equality in science, fighting the under-representation of women in the scientific fields, facilitating the advancement of female careers, and improving the presence of women in the labour market and, in particular, in decision making positions.
48.In addition, Italy has been carrying on several positive actions for the improvement of women condition also into the agricultural sector, since there are 532,000 active farms run by women (ISTAT, 2010), in all productive sectors.
49.At the Ministry of Agriculture, Food and Forestry Policies, a Thematic Working Group (Equal Opportunities) has been instituted within the National Rural Network with the aim both of providing technical and methodological support and promoting informative actions.
50.This Ministry has also financed services supporting the entrepreneurs with a temporary replacement for women when they cannot be in the farm for specific reasons such as maternity.
III.Issues relating to the specific provisions of the Covenant (arts. 6-15)
Article 6 – The right to work
Reply to the issues raised in paragraph 11 of the list of issues
51.Employment policies in recent years have been aimed at strengthening the public employment services (PES) and private (employment agencies and other bodies authorized to provide services into the labor market), with particular attention to the disadvantaged, women and young people. Since 2011, the Government, in the context of the European Strategy EU 2020, issued three labour market reforms (Law No. 92/2012; Law No. 99/2013, Law No. 78/2014 and Law No. 183/2014) to tackle the deep employment crisis which affected especially young people, with youth unemployment rates that have reached 40%, and to face the problem of Neets, that are young people who are not in employment, education or training. The measures adopted with the reform of the labour market, the so called Legge Fornero (Law No. 92/2012), were aimed at: encouraging the establishment of labor relations more stable for young people, enhancing the training and combating the misuse of certain types of contracts; overcoming the rigidity in going out from the labor market; promoting labor/private life conciliation and streamlining processes related to labor disputes; strengthening the protections for youth and women. The Decree-Law No. 76/2013, coordinated with the conversion Law dated 9th August 2013, No. 99, the so called “Plan for the Youth”, was developed on three main directives: the acceleration of job creation both through permanent and temporary contracts, with particular regard to young and unemployed people; the implementation of the Youth Guarantee; interventions related to social security and social policies; the strengthening of protections for workers and companies. The main actions of the decree-law regarded the introduction of extraordinary measures to promote employment, especially for young people: the institution of a “Mission structure”; the allocation of a fund of 15 million Euros for the curricular traineeships, as well as a subsidy for universities that activate traineeships lasting a minimum of three months with public or private bodies; the possibility for the social partners and the most representative organizations of employers to agree on initiatives and extraordinary measures, by encouraging job on call contracts, contracts with a training program of no more than 120 hours; raising the payment for accessory work from 2,000 to 5,000 euro; the creation of the “database of active and passive policies” that collects and provides information on workers to be placed in the labor market, the services provided and the existing opportunities; provisions on labor contracts, employment and social security. The most recent reform of the labour market is called “Jobs Act” and aims at promoting the increase of the employment and at reforming the labour market and social protection system. The reform has been implemented through several legislative acts, such as the Decree Law No. 34/2014, converted into the Law No. 78/2014, and the Law No. 183/2014, followed by the adoption of several legislative decrees that implement the principles highlighted in the Law No. 183/2014. In order to facilitate the transition between school and work, to overcome the mismatch between labor market demand and supply, and to tackle the problem of NEETs, it has been empowered a network of operators, authorized or accredited to provide services into the labor market. The importance of the apprenticeship contract has been strongly highlighted, as an important tool for placement, based on the integration between education and training system and the labour market, that allows young people to enter into the labour market, in a quick and stable way.
52.In 2012 the Department for Equal Opportunities — National Office Against Racial Discriminations dealt with 120 cases of ethnic-racial discrimination inside the labour framework (18.2% of cases out of a total of 659).
Reply to the issues raised in paragraph 12 of the list of issues
53.The institutional body responsible for the prevention of gender-based discrimination at the workplace is the Councillor for Equality. In this regard, the Code on Equal Opportunities (Lgs. Decree 198/2006) provides under Article 46 the obligation for both public and private companies, with more than 100 employees, to submit every two years a report on the staff situation highlighting quantitative gender-related differences. In case of failure to transmit it, the Regional Directorate of Labour will apply administrative sanctions and, in the most serious cases, it can also come to the suspension of all contributory benefits — if enjoyed by the company — for a period of one year.
54.According to the latest report-June 2015 by the Ministry of Labour (Inspection Division), jointly with the National Equality Councillor, monitoring cases of both resignation and consensual resolution of job contracts for father and mother workers in the year 2014 pursuant to Art.55, Lgs. Decree 151/2001 and Act 92/2012, indicates that the overall figure amounted to 26,333, of which 24,319 (+3%) resignation-related cases and 2014 consensual-resolution ones, of which 85% (=22,480) referred to mother workers: compared to 2013, a slight reduction should be noted (20,774 in 2014 vs. 21,282 in 2013), whereas resignation cases by father workers are marked by an increase (3,545 vs 2,384 in 2013). By examining motivation behind the resignation, it emerges: the difficulty to reconcile job and family. Additional resignation-figures indicate the increase in cases of transfer to other enterprise (6,414), prevailing in the North and Centre of Italy (6,195) — owing to the local market situation. Additional motivation refers to: no part-time, no flexible working hours granting (1,465 vs. 1,541 in 2013); personal choice to exclusively take care of their children (4,690 vs. 5,031 in 2013); excessive distance from workplace (1,383 vs. 1,719); enterprise bankruptcy (491 vs. 1,169 in 2013). To counter such a situation, Italy is carrying out several actions, especially to promote work and family care reconciliation: Art.1, paras. 8-9, of Act 183/2014 (“Jobs Act”), amending Legislative Decree 151/2001, has just been enacted by Legislative Decree 80/2015, which extends the parental leave applicable to parents, both women and men, with children, including those who are adopted or with disabilities, up to the age of 12. Further, by Act 81/2015, both women and men are entitled to choose to shift the full-time into a part-time contract (Art. 8, para. 7).
55.From a statistical standpoint, the National Office of Statistics (ISTAT) indicates that 25.7% of the population (11,300,000 people) states that while at school or at workplace or when searching a job has been discriminated against or has been “treated in a less favourable way, due to some physical, mental or other personal characteristics of no relevance at all for the activity to be carried out”. In terms of results, no gender difference emerges: 25.6% of men and 25.8% of women had similar experiences. Nevertheless, among victims of discrimination, women are those who most often report that discrimination occurred on the gender ground.
Article 7 – The right to just and favourable conditions of work
Reply to the issues raised in paragraph 13 of the list of issues
56.Law No. 183/2014, art. 1, VII, letter g, introduces experimentally in Italy the hourly minimum wage institute. The implementation Decree, which is currently under examination, provides for the application of the hourly wage to all the relationship of work with subordinate nature or to coordinated and continued collaborations, in sectors not covered by collective contract agreed by major representatives national unions of employers and workers. This constitutes the minimum essential performance, which must be guaranteed in Italy and which cannot be derogated from employer.
Reply to the issues raised in paragraph 14 of the list of issues
57.The introduction in Italy of the hourly minimum wage strengthens the economic protection of whom is not guaranteed by the sectorial collective contract and reduces the disparity of wage between man and woman in compliance with the equality principle (Law No. 903/1977).
Reply to the issues raised in paragraph 15 of the list of issues
58.In Italy legal migrants at work are fully protected and benefit — by working contract — from equal rights as Italian workers. According to our legislation, the national collective contract of employment signed with organizations representing workers and associations of employers, aims at jointly pre-regulate the minimum economic and regulatory issues applicable to all workers.
Reply to the issues raised in paragraph 16 of the list of issues
59.The Ministry of Labour is active in fighting against the illegal exploitation of those migrant workers lacking valid residence permits. It also increased the number of job inspections. In 2013 only, out of 139,624 companies inspected, the total amount of informal workers amounted to 44,652, of whom 1,091 EU workers lacking residence permits. By Act 9/2014, it added 250 more units to the inspection sector.
60.The Italian Government, as reported in a Statement (Atto di Indirizzo) made by the Minister for Labour and Social Policies for the period 2014-2016, stressed the paramount importance to be committed on a permanent basis to raise safety standards in working places, by strengthening controls against informal economy, source of social dumping, job insecurity and violation of human dignity.
61.Therefore the top priority, according to the goals set by the last reform of the labour market (as stated by Decree-Law No. 34/2014 and Law No. 78/2014, and in particular by Law No. 183/2014, the so called Jobs Act), is to achieve an inclusive and dynamic labour market, by increasing measures of protection for people who have signed unusual job contracts, in order to restrict their number and modalities and to stress the pivotal role of persons employed with permanent contracts as the general way of work relationship.
62.Furthermore, we underline the future establishment of an Inspecting Agency, as stated by Law No. 183/2014. This Agency will be tasked with unifying inside a single structure the monitoring activities which are currently carried out by the Ministry of Labour and Social Policies, the National Institute for Public Welfare and the National Institute for Insurance against Work Related Injuries, thus overcoming the problems ascertained over the years with regard to monitoring activities in the field of employment and social legislation.
63.As to the fight against black market labour we have to underline the “Resolution of the European Parliament, 14 January 2014 (2013/2112(INI)) on inspection activities as a strategy to really improve work conditions in Europe”.
64.On this subject the Italian Authorities welcomed an initiative taken by the European Commission, aimed at establishing, inside Eurofound (European Foundation for the Improvement of Living and Working Conditions) a “Platform on the Undeclared Work” for workplace supervisors in the EU Member States, in order to ease, also with the help of representatives of political institutions, business world and working classes, exchange of information and good practices and to implement a larger cooperation in the European Union to fight the undeclared work, according to the goals set by “Strategy for Europe 2020”.
65.During specific inspections made in 2014 by supervisors of the Ministry for Labour and Social Policies, 73508 non regular workers have been checked, in service sector (49,941 out of 78,815 firms checked), in industry sector (10,234 out of 15,379 controls made) and construction industry (9,613 out of 40,545 controls made), while people not working in a regular way in agricultural sector are 3,720 (out of total of 5,434 controls made).
66.People found to work in black labour market are 56% (1,018 of them are non EU workers): employers who hire clandestine manpower can be punished by a special sanction for illegal labour (pursuant to art. 3 Decree Law No. 12/2002, Law No. 73/2002 and other Laws) up to 15,600 euros for each worker employed, with an extra-charge of 195 euros for each illegal working day.
67.On this subject, in 2014 a specific, nation-wide watch plan against illegal labour has been started, in order to allow, at regional and local level, supervisors of the Ministry of Labour and Social Policies to impose 41,030 special sanctions for illegal labour which, in addition to those imposed by the National Institute for Public Welfare and the National Institute for Insurance against Work Related Injuries, total 77,387 special sanctions for illegal labour.
68.On the whole, special sanctions for illegal labour are subdivided as follows: 26,679 in service sector, 6,221 in construction industry, 5,652 in industry sector and 2,478 in agricultural sector.
69.Therefore, on a percentage basis, the illegal employment of one person on average has been ascertained, in 15.34% of controls made in construction industry, in 33.85% of controls made in service sector, in 36.75% of controls made in industry sector and in 45.60% of controls made in agricultural sector.
70.For this purpose the Arma dei Carabinieri gave a substantial contribution, given that their activities are particularly important inside difficult backgrounds, marked by heavy problems and hard exploitation of manpower, often when non EU workers are involved.
71.During ordinary inspections made in 2014, 6,836 measures of suspension have been issued, when undeclared manpower is around 20% out of the total amount of people employed in the workplace.
72.Monitoring activities for protection of safety and security in workplaces in 2014 found 26,998 violations as to prevention measures.
73.Moreover, we have to mention extraordinary monitoring activities, aimed at combating more specific ways of illegally employing people, for example in the fields of culture, trade, logistics and transport.
74.Finally, in addition to the usual function of monitoring activities and in order to integrate containment activities, we underline the importance of the special commitment of supervisors to activities of crime prevention and legality promotion, pursuant to art. 8, Legislative Decree No. 124/2004.
Article 9 – The right to social security
Reply to the issues raised in paragraph 17 of the list of issues
75.The rapid change of the rule of eligibility conditions for old age pensions/early retirement determines, for workers that had previously agreed with employers on a contracted exit pathway, the actual risk of remaining with no job and no pension for relatively long periods due to the new age and contribution requirements introduced by the 2011 reform.
76.The Italian Government takes in consideration also this category of workers, known as “salvaguardati”: between mid-2012 and 2015, 6 subsequent adjustments have been agreed in order to tackle the challenge by means of special derogation to ordinary rules.
77.The Monti-Fornero labour market reform (Art. 24 of the conversion Law No. 214/2011, amending the decree-law No. 201/2011) introduced new previsions with the aim to respect international and EU obligations, budget constraints, economic and financial stability, as well as to strengthen the long-term sustainability of the pension system with regard to the incidence of the social expenditure on the gross domestic product.
Reply to the issues raised in paragraph 18 of the list of issues
78.Social services have been a shelter against the economic crisis Italy is facing in this period characterized by the reduction of the income, in order to avoid the marginalization of disadvantaged individuals and groups.
79.The welfare benefits delivered by the National Institute of Social Security (Istituto Nazionale di Previdenza Sociale — INPS) passed from 3,560,179 in 2012 to 3,731,626 in 2015: they are constituted of retirement funds and social allowances (22.7%), pensions and/or benefits (77.3%) for persons who are unable to work for health reasons.
Reply to the issues raised in paragraph 19 of the list of issues
80.As far as income support benefits are concerned, the assistance measures provided by Italian laws, not linked to contributory requirements, concern support measures for family unit (the Family Unit Allowance [ANF] for households with at least three under-age children, accorded by Municipalities, the Childbirth Allowance [so-called bonus bebé] and the Maternity Allowance, accorded by Municipalities) and maternity support.
81.The access to the increasing assistance benefits is currently linked to a measure called “ISEE” (External Sign of Wealth Criterion), quantified according to the household composition and the required benefit.
Reply to the issues raised in paragraph 20 of the list of issues
82.In January 2013 the unemployment insurance reform law (Law No. 92 of 28 June 2012) entered into force, aimed at rationalizing the previous unemployment scheme, by introducing the new Employment Social Insurance, so called ASpI, which replaces some kinds of benefits so far granted to cover the risk of unemployment, also widening its scope. The new unemployment insurance coverage is, in fact, granted to all employees, including apprentices or members of cooperatives, who involuntarily lost their jobs after maturing at least two-year work insurance, one of which matured in the two years prior to the onset of unemployment.
83.The amount of the benefit is calculated as a percentage of the gross income earned by the worker in the last two years prior to dismissal and is equal to 75% of the monthly reference earnings up to a monthly earning ceiling of € 1,180 for the year 2013, and 75% of € 1,180 plus 25% of the difference between the worker’s monthly pay and the said ceiling, if the monthly pay is higher than the said amount. The maximum payable amount is equal to € 1,119.32 per month.
84.The amount of the benefit gets reduced to 60% of the monthly reference earnings after six months and to 45% after twelve months.
85.According to the year in which the worker became unemployed as well as to his/her age, the benefit shall have two different statutory durations:
For workers under 50 years of age
In the year 2015 it will be granted for 10 months
For workers between the age of 50 and 54
In the year 2015 it will be granted for a period of 12 months
For workers aged 55 and over
In the year 2015 it will be granted for a period of 16 months.
86.As from January 2016, in case of unemployment occurring as from the same date, the ASpI shall be granted to:
Workers aged less than 55, for a period of 12 months at most
Workers aged 55 and over, for a period of 18 months at most
87.As to unemployed workers who do not qualify for the Aspi, they can be eligible to the “mini ASpI” if they have matured at least thirteen weeks of contributions having worked for twelve months prior to dismissal.
88.The amount paid for the “mini ASpI” is equal to that paid for the ASpI, but the former can be granted for a number of weeks which is half the number of weekly contributions paid during the last year. The weeks during which the unemployed person was receiving the ASpI or “mini ASpI” count as deemed contributions and are taken into consideration in view of both pension entitlement and calculation.
Article 11 – The right to an adequate standard of living
Reply to the issues raised in paragraph 21 of the list of issues
89.The Italian National Statistical Institute yearly disseminates three main indicators of poverty, one referred to an absolute approach and two to a relative approach.
The absolute poverty indicator is based on the definition of a minimum basket of goods and services and represents the whole goods and services considered essential for a household to avoid extreme condition of social exclusion (basic needs). The basket monetary value is a standard reference expenditure on consumption for a household that guarantees for an adequate nourishment, a decent dwelling and the fulfilment of other main needs (as for example health, education, transport and clothing expenses). The main principle underlining the basket is that the basic needs are homogenous all over the nation (despite few differences due to external factors as the climate on determining the heating need), but their costs differ. Therefore, the basket monetary value and the poverty threshold vary by geographical area and residence municipality size. Moreover, the poverty thresholds are calculated for each single household, depending on number and age of its components. Finally, the basket monetary value is yearly updated taking into account the single good and service price dynamics by geographical area. Accordingly with the latest estimate (based on 2013 Households Budget Survey data) the absolute poverty incidence in 2013 is equal to 9.9% among persons (with a relative sampling error of 3.8%).
The relative poverty indicators differ both for the methodology and the analysis of variable considered.
The first measure, harmonised at the European level, is the so called at risk of poverty measure and depends on the distribution of disposable income in the population; all the households (and their members) with an equalized income (the equivalence scales is the modified OECD scale) less than or equal to 60% of the median equalized income are considered at risk of poverty. It refers to the concept of inequality and the relative poverty line moves from year to year as a result of the variation of the median disposable income. Accordingly with the latest estimate (based on 2013 Eu-Silc data), the at risk of poverty incidence in 2013 (2012 income) is equal to 19.1% among persons (with a relative sampling error of 2.4%).
The second relative measure of poverty depends on the distribution of consumption expenditure and all the households (and their members) with an equalized consumption expenditure (the equivalence scales is the Carbonaro’s scale) less than or equal to 60% of the mean per capita expenditure are considered as relative poor. It refers to the concept of inequality and the poverty line moves from year to year as a result of the variation of the mean per capita expenditure. Accordingly with the latest estimate (based on 2013 Households Budget Survey data) the relative poverty incidence in 2013 is equal to 16.6% among persons (with a relative sampling error of 2.7%).
Women present particularly high levels of poverty, both relative and absolute, when they are single mothers, particularly of minor children (18.9% for relative poverty and 13.6% for absolute), or if they live in households with aggregate members (23.5% and 14.7%), partly as a result of the deterioration observed in the crisis years. The return to the original family (household with aggregate members), after separation, divorce or unsuccessful emancipation, and cohabitation with relatives are strategies to combat the economic difficulties, even by implementing major economies of scale.
Besides that, among the economic difficulties are particularly evident among minors women. Children, in fact, in Italy show levels of poverty higher than the European average. More than a quarter (26%) of children live in households at risk of poverty and 13.8% in absolutely poor households; absolute poverty of children has also shown a marked deterioration, from 4.7% in 2007 to 13.8% in 2013, coming to affect about 1,434,000 thousand minors. In the Southern Italy the rate (about 1 in 5) is double than in the Centre-North (about 1 in 10); more severe are the conditions of households where there are three or more children (21.3%).
90.According to a survey conducted by ISTAT in November and December 2011 as part of a research project about the conditions of people living in extreme poverty (the follow up survey was conducted in November-December 2014 and data are not yet available), an estimated 47,648 homeless people (minors are excluded) used a canteen or night-time accommodation service at least once in the main 158 Italian municipalities (even if this group may include individuals not officially resident, it approximately corresponds to 0.2% of the population regularly registered in the municipalities covered by the survey).
91.Less than 1% of the population lives in places not fitted for habitation (such as shop, office, boat, garage or other); a specific study conducted in 2012 on the housing conditions of residents also shows that only 0.04% of the population lives in a house without electricity, but in 10% of cases the system is insecure and not compliant with legal standards and in a further 14% the power is not appropriate to the household needs. Finally, about 7% of the population complains discontinuity in the electricity supply.
92.Nearly 2% of the population lives in houses without heating and a further 4% has only mobile devices; 16% of the population declares to live in a house not sufficiently heated during the winter.
93.3% of the population lives in houses where the water is not drinkable (but rises to 16% the proportion of those complaining about delivery irregularities ) and a very similar share (4%) lives in housing with inefficient piping system; finally almost 7% lives in houses without drains.
94.In 2013, the share of people who have problems of overcrowding is 27.3%, 23.1% lives in houses with a leaking roof, 7.3% in dwelling considered too dark and drops to less than 1% the share of those who have neither a bath, nor a shower, nor an indoor flushing toilet. The share of those who combine problems of overcrowding with at least one of the above housing deprivation measures (European indicator of severe housing deprivation) is equal to 9%, exceeding the average of the Euro Area (3.4%) and the European Union (5.1%).
95.The presence of a growing multinational population in Italian cities is bringing huge change in the cultural, economic and social meaning of eating in society. External immigrants and internal minorities, through their demands, are gaining space on — and progressively changing — the food industry and market. Moreover, economic crisis is hitting the purchasing power of disadvantaged and poor portions of the population. In order to develop projects and intervention that can accompany this process and crisis, many actions have been set up.
96.The EXPO 2015, focusing on food and global nutrition, is addressing this issue, engaging people, civil society and states on a shared platform, where every stakeholder will present its visions and propositions. Although economic crisis and the lack of shared objectives have weakened the general influence of the event, EXPO 2015 is still playing a major role in aggregating considerations and discussions about the right to food and multicultural aspects of nutrition.
97.EXPO 2015 has offered plenty of opportunities to discuss right to food and to adequate standard of living. The city of Milan — one of the centres where multicultural tensions against immigrants and Roma-Sinti communities are stronger — has launched multiple initiatives, i.e. the Milan Center for Food Law and Policy, created by a partnership among State, Universities and civil society, is developing an international project “Urban food policies and right to food”, having as main task to raise awareness among stakeholders on the multifaceted aspects of nutrition and right to food (in particular, acceptability and affordability).
Reply to the issues raised in paragraph 22 of the list of issues
98.In the belief that ensuring decent housing conditions is necessary, including combating certain forms of discrimination, the Ministry of Labour and Social Policies has promoted the access to housing through actions for recovery of degraded areas and neighbourhoods, for renovation of abandoned housings, for construction of transitional housings, for strengthening the practice of public-private partnership aimed at increasing housing supply, for fight discrimination, for raising public awareness, and for reception, information and guidance initiatives.
99.With reference to the access to housing for Roma, Sinti and Camminanti Communities, within the process aimed at elaborating the National Strategy for the Inclusion of Roma, Sinti and Travellers Communities in Italy 2012-22, a Working Group on Housing (Tavolo Politiche Abitative) has been established on 18 November 2013. Furthermore, as far as the Regional Working Groups, UNAR held a meeting with the State-Regions Conference on December 3, 2012. In terms of follow-up, the latter requested all Italian Regions to proceed with the establishment of regional Tables in their respective Regions, by 28 February 2013. Accordingly, eight Regions (Emilia-Romagna, Liguria, Toscana, Lazio, Umbria, Molise, Marche and Calabria) promptly did so. It is worthy of mention that in 2013 UNAR prepared and disseminated among relevant regional and local Administrations, a specific publication on housing-related issues, including also a focus on the UN guidelines on forced evictions.
Article 12 – The right to physical and mental health
Reply to the issues raised in paragraph 23 of the list of issues
100.The Italian Health System is based on universality and identifies services which represent the essential Levels of care to be granted to all citizens irrespective of their income and geographical location. To guarantee the provision of the Essential Levels of Care, a key feature of the new constitutional framework, a number of evaluation tools were developed. Such evaluation tools were designed to detect the inequality and lack of uniformity of demand and supply, in light of the differences in the demographic, social and economic conditions of the population of each Region, the level of development of the different regional systems and the impact of such differences on demand. Major differences were recorded, which were linked to the differences in the regional services available. Regions are not all capable of responding in the same manner to the needs of their territory.
101.On the other hand, even macroeconomic data show a difference in the regional cost for the Essential Levels of Care, which highlights the need to promote and guarantee a system which is equitable and does away with social and territorial inequalities. A priority axis of the national Healthcare planning is designed to do away with the structural and qualitative gap in terms of health care delivery in the different regions.
102.In order to fill such a gap in the quality of care delivered at regional level the following measures were put in place in Italy:
“Rules for the revision of the accreditation system” agreed upon at the level of the Standing Conference for the relations between the State and the Regions and the Autonomous Provinces on December 20, 2012. The Rules provide for the setting up of a National Discussion Group established by M.D. of February 6, 2013.
The overhaul of the healthcare delivery covers both hospital facilities and territorial services, on the basis of a Regulation shared by the P.A. and the Regions, laying down structural, technological and organizational standards.
Reply to the issues raised in paragraph 24 of the list of issues
103.Insofar as the Voluntary Termination of Pregnancy (VTP) is concerned, the Ministry monitors jointly with the ISS the application of Act 194/78 and found a steady decrease of recourse to VTP, in light of all standard indicators (absolute number, rate and ratio of abortion) from 1982 to date. This is partly due to the proper enforcement of the first part of Act 194, providing for prevention measures for VTP through counselling.
104.With regard to Conscientious Objection, as shown in the latest report to Parliament on the application of ACT 194, there are no difficulties at regional level in getting access to the relevant services, the wait times for women are going down; a thorough monitoring at territorial level focusing on individual hospitals where VTP is performed shows that VTP is performed in 64% of hospital facilities with a satisfactory provision of service except for two very small regions.
Reply to the issues raised in paragraph 25 of the list of issues
105.The prevention of the major risk factors in Italy is a priority that needs an approach that should not be only health-related but requires cooperation and coordination with many organizations and several Institutions/Administrations.
106.Italy has adopted a national strategy: “Gaining health: making healthy choices easier”, which promotes a cross-sector approach in line with the principles of the “Health in All Policies”, develops inter-sectorial actions to promote health and to make healthy life-styles and healthy life environments easier for people. This is an ethical program to reduce health inequalities, to promote better social conditions, to protect vulnerable people (children, old people and poor people) and to make healthy choices easier for people. The program involves different stakeholders and a lot of partners, such as Ministries, Regions, Public Health Services, and also Food Industries, Consumers Associations, Trade Unions, etc. These partners also participate in a National Platform on nutrition, physical activity and tobacco, set up at the Ministry of Health.
107.The Platform, consisting of representatives from different Institutions and involving also other fundamental stakeholders such as representatives of civil society, food-related associations (producers, processing companies, distributors), as well as voluntary and consumer associations, constitutes an important element for achieving the goals and implementing interventions in areas other than the health sector. The Platform has identified several actions for developing measures and processes to encourage healthy behaviours and choices, for promoting good nutrition, physical activity, reduction of tobacco smoke and reduction of alcohol consumption.
108.An effective inter-sectorial approach in promoting health requires a strong partnership between the health and education sectors with the aim of raising health awareness and training both school and health workers. In this connection, educational interventions are being carried out both at school and in other contexts concerning some of the main areas (healthy diet, physical activity, smoking and drug addiction, oral hygiene), which use the teaching and information materials produced on the basis of the data collected through the monitoring systems.
109.In recent years, Italy has set up national monitoring systems for gathering the data required to plan and assess the actions taken, particularly on lifestyles of children between the ages of 11 and 15 which are being gathered through the international HBSC (Health Behaviour in School-aged Children) study, and the Global Youth Tobacco Survey (GYTS), promoted by WHO and by CDC-USA.
110.The complex Italy’s strategy is also backed by a National Prevention Plan 2014-2018 (NPP) that is not limited to promoting actions in specific health areas, but involves also environmental, social and economic sectors that significantly influence individual behaviour and the quality of living and working environments. More particularly, the Plan focuses on the: implementation of programmes promoting fruit and vegetables consumption in the general population, promotion of breastfeeding, improvement and control of nutritional quality of food served at school and at workplaces’ cafeterias, promotion of physical activity, through inter-sectorial and multidisciplinary interventions.
111.Since 2007, Italy is actively engaged in the fight against childhood overweight and obesity. The Italian strategy is based on the two above mentioned main programs, strongly inter-linked, the Program “Gaining health: making healthy choices easier” and the “National Prevention Plan”.
112.Thanks to the Gaining Health Program, several Regions developed interventions through a “Network of Health Promoting Schools”, which have implemented a skills-based approach to health education in order to creating or maintaining healthy lifestyles.
113.The Ministry of Health also issued the “National Guidelines on nutritional quality of canteen menus at school” to improve the quality of school menus and use the lunchtime at school to promote healthy eating habits.
114.Since the high prevalence of childhood and adults obesity is also closely related to the lack of physical activity, the Ministry of Health has also been actively working with many sport organizations (e.g.: Italian Olympic Committee, Sports clubs, Foundations, etc.) in the promotion of an active lifestyle, both for school based children and young people and for people living in a disadvantaged socio-economic situation, also with the aim of achieving a more comprehensive promotion of health and mental well-being of the whole population.
115.All these efforts might — at least in part — explain the slight but definite decline of the overweight/obesity prevalence among 8-9 years aged children (20.9% and 9.8%, in 2014 compared to 23,2% and 12% in 2008) recorded by the recent update of OKkio alla Salute (Keep an eye on Health) survey.
116.The Ministry of Health promotes a greater engagement of food industry, asking for an active role for population health by responding to the consumers’ emerging demand for healthy diet, through a process of food reformulation in terms of salt, fats and portion size.
117.The Ministry of Health also promotes the role of the pediatricians who represent a reference both for children and families, not only regarding the diagnostic and therapeutic aspects, but also for educational aspects.
118.In the Italian strategy the health system plays a fundamental role of “advocacy” and leadership and works to integrate prevention and clinical interventions for obese individuals, so that “prevention” and obesity “care” would no longer be considered distinct strategies, but could operate in close connection and continuity.
Articles 13 and 14 – The right to education
Reply to the issues raised in paragraphs 26 and 27 of the list of issues
119.Art. 9 of the National Collective Agreement for School Sector Workers 2007/2009 (Incentive measures for projects related to areas at risk with high migratory process and against school exclusion) grants resources for schools in areas at risk with high migratory process, providing for allocations devoted to actions to contrast school drop-out and social exclusion.
120.The actions are intended to realize projects both in curricular and extra-curricular time, calling for didactical and organizational models different from traditional school learning models, favoring workshop activities, use of technologies and tutoring techniques. Such activities shall be of different kinds, orientation and/or re-orientation, joined-social, playful-recreational, enforcing motivation and competences as well as raising awareness on disadvantage issues towards families and, at last, teachers’ training activities.
121.The available resources were 42,060,000 euros for school year 2012/2013, 29,730,000 euros for school year 2013/2014 and about 18,000,000 euros for school year 2014/2015.
122.Decree Law No. 104/2013 (Urgent measures regarding education, university and research), converted into Law No. 128/2013, allows to intervene with more attention in areas characterized by high levels of school drop-out and by situations of socio-educational risk, often bringing to poorly effective educational paths for a considerable number of students, with the aim of reaching the definition of a new educational model of intervention that could achieve full social inclusion and equal educational opportunities.
123.Art. 7 provides for the launch, in experimental way, of a program of integrative didactic considering, above other things and if possible, the extension of school time for groups of students, referring in particular to primary school (available resources: 3.6 million euros for year 2013 and 1.4 million euros for year 2014).
124.Art. 16 provides for compulsory training and refresher activities for school personnel, also in the matter of strengthening the competences in areas with high socio-educational risk and high concentration of immigrants, enforcing in particular the competences related to scholastic integration, to cross-cultural didactic, to bilingualism and to Italian as second language (available resources: 10 million euros for year 2014).
125.Project “Integration of Roma, Sinti and Travellers minors” is an action towards integration of Roma children and boys of primary and lower-secondary schools in 13 cities (Turin, Milan, Genoa, Bologna, Rome, Naples, Reggio Calabria, Bari, Palermo, Catania, Cagliari), in collaboration with the Ministry of Labour and Social Policy and with Local Authorities (funding of 600,000 euros).
126.The project “Growing in cohesion” is aimed to fight against school drop-out in highly disadvantaged areas, in the regions Campania, Calabria, Apulia and Sicily: 26 school nets have received a funding of 200,000 euros. At least one school of each net is involved in the integration of Roma minors (the project has been active since 2013).
127.The project “School leading in multi-cultural contexts” is a training plan addressed to school heads. Since year 2007 the Ministry for Education, University and Research (MIUR) has invested in school heads training in schools with higher presence of foreign pupils. 7 annual training seminars were realized, involving 1,400 school heads, at a cost of 400,000 euros.
128.In the current school year 2015/2016 two action plans have been activated by the MIUR making 500,000 euros available to enforce Italian as a second language, with a particular interest for recent immigration students and 500,000 euros more for plans of reception, linguistic and psychological support devoted to unaccompanied foreign minors.
129.With Note No. 4233 of February 19, 2014 of the General Direction for Student, Integration and Participation, the new “Guidelines for the reception and the integration of foreign pupils” were issued. The document enforces the former Guidelines (2006) to meet the different context that has changed in the course of time, both as size of the phenomena (foreign pupils in Italian schools have almost doubled: from about 430,000 in 2008 to about 830,000 in 2014) and as distribution in the various school levels, that has gradually moved from primary school to lower and upper secondary school, with a particular interest for professional and technical institutes. Moreover, in the Guidelines the particular problems related to Roma, Sinti and Travellers children are also faced.
130.The D. M. No. 718 of September 5, 2014 has started up again the “National Observatory for the integration of foreign pupils and cross-cultural education” which plays a consulting and monitoring role, with purposeful duties regarding school policies in the field of cross-cultural integration and on their carrying out.
131.Law No. 107/2015 (Reform of the national system of education and training and mandate for reorganization of current regulations) has in its inspiring principles and main priorities the opposition to socio-cultural and territorial inequalities to prevent and recover school drop-out, in order to guarantee the right to education, equal opportunities of educational success and of continuing education for all citizens. 1 million euros for 2015 and 3 million euros for 2016 have been allocated, in order to implement the provisions of Law No. 107/2015.
132.3 data files on school drop-out are enclosed (source: ISTAT).
Article 15 – The Right to Culture and to the Benefits of Scientific Progress
Reply to the issues raised in paragraphs 28 and 29 of the list of issues
133.Article 9 of the Italian Constitution provides that “The Republic promotes the development of culture and scientific and technical research. Protects the landscape and the historical and artistic heritage of the Nation”. The Ministry of Cultural Heritage and Activities and Tourism (MIBACT) promotes many programs for a wide access to culture such as the free entrance to museums, monuments and sites in the first Sunday each month (DM, 27 June 2014, No. 94). The Ministry manages also a central service on Education to the Cultural Heritage to give coordination and guidelines for the educational services operating in the local museums, monuments, galleries and archaeological sites, devoted to offer special visit experiences for schools and publics who need a particular attention.
134.In some Institutes the MIBACT offers also particular projects to facilitate the access to culture for immigrate people such as the “Brera un’altra storia” in Milan and, in Rome, at the National Museum for Oriental Art (MNAO) and Pigorini Museum the project “Al Museo con … / To the Museum with …”, to help visiting museum by the use of tablet and smart-phone. The visit’s path and the cultural heritage are illustrated with contents created by a special editorial committee composed by experts, both Italian and immigrants.
135.As to the access of the handicapped people to the cultural heritage, the MIBACT has issued a Ministerial decree with the Guidelines for the elimination of architectural barriers in the sites of cultural interest (DM 28 March 2008).
136.The MIBACT and the Ministry of Education, University and Research (MIUR) on 28 May 2014 signed a Memorandum of Understanding to increase knowledge and understanding of cultural heritage for the education of young students.
137.The MIBACT manages the National Contact Point service for the UNESCO 2005 Convention on the Protection and Promotion of Diversity of Cultural Expressions. In the year 2012 Italy delivered to the UNESCO the Quadrennial national Report on the application of the 2005 Convention, illustrating a number of initiatives and measures at the central an local level about the topics of the cultural diversity.
138.In 2014 the MIBACT, in partnership with the Ministry of Labour and Social Policies, implemented a web portal dedicated to the cultural production of immigrants in Italy.
139.The MIBACT manages a very important school of restoration of cultural Heritage, the Istituto Superiore Centrale per il Restauro (Central High School for Restoration), known worldwide, open to the participation of people coming from all countries of the world.
140.During the years 2013 and 2014 the MIBACT promoted two special programmes of professional stages for young people for activities of protection, promotion and valorisation of cultural heritage (Inter-ministerial Decree of 9 July 2014 and Decree Law of 8 August 2013, No. 91 / Law 7 October 2013 No. 112, art. 2).
141.The MIBACT, in partnership with the Ministry of Foreign Affairs and International Cooperation, manages a number of protocols of cultural cooperation with others countries.
142.Taking into consideration the importance of technological innovations and ICT for the socio-economic development of farms, including women-run farms, and for rural territories, Italy has carried on national and regional policies for bridging the digital divide. The strategic priority for the diffusion of broadband has been linked to the interventions related to the measure “Basic services for economy and population in rural areas” in order to reduce the physical and geographical isolation in the most marginal areas.
143.For this reason both interventions for the creation of public infrastructure of broadband backhaul and actions to support the use of alternative technologies, like satellite, have been foreseen so that technologies are able to guarantee a fast connection in the places where infrastructures cannot be realized due to territorial constraints.
144.Finally, it’s worthy of mention the establishment, within the Ministry of Social Development, of the Media and Minors Committee, with the aim of monitoring the application of the Self-regulation Code “TV and Minors”.