RED Network

Yes.

Qualitative Info

The Italian Constitution, in its article 3, guarantees the “equal dignity” of all citizens and the principle of equality before the law “without distinction based on sex, race,language, religion, political opinion, or personal and social conditions.” Italy’s Constitutional Court has repeatedly interpreted article 3 as applicable to all persons within Italian territory.

Italy has robust anti-discrimination legislation. While specific norms existed before, comprehensive legislation was adopted in 2003 when Italy transposed EU Directives 43 (on equal treatment between persons irrespective of racial or ethnic origin) and 78 (one qual treatment in employment and occupation) in Legislative Decrees 215 and 216 of July 9, 2003.

The most important instrument in Italian law for prosecuting racist and other hateviolence is the penalty enhancement provision contained in Law no. 205 of 1993, commonly referred to as the “Mancino Law”. Its article 3 allows judges to increase the sentence to be imposed for acrime, by up to half, if it was committed “with the purpose of discrimination or hatred based on ethnicity, nationality, race, or religion, or in order to facilitate the activity of organizations, associations, movements, or groups that have this purpose among their objectives.” (Judges in Italy have discretion with respect to sentencing within the parameters established by law. A sentence for a racially-motivated offense can be increased by any amount of time up to one half again the minimum sentence for the offense in question). The aggravating circumstance of racist or other hate purpose can be applied to any crime, except those punishable by life in prison (the harshest penalty under Italian criminal law). The Mancino Law also makes it a crime to “instigate in any way or commit violence or acts of provocation to violence for racist, ethnic, national or religious motives,”punishable by six months to four years in prison, and to “propagate ideas based on racial superiority or racial or ethnic hatred, or to instigate to commit or commit acts of discrimination for racial, ethnic, national or religious motives,” punishable by up to one year and six months in prison or a € 6,000 fine.

After that in January 2006 the Parliament adopted an act, requested by the xenophobic party Lega Nord, which significantly weakens the penal­ties against hate speech and instigation to racial discrimination, the Mancino Law was modified by Law 85 of 24 February 2006, that substituted the word “instigate” for the original “incite”.

---

Source:

Human Rights Watch – Everyday Intolerance. Racist and Xenophobic Violence in Italy, 2011 - /resources/toolip/doc/2011/10/21/hrw---racist-and-xenophobic-violence-in-italy-2011.pdf

External Url http://www.non-discrimination.net/content/media/2009-IT-Country%20Report%20LN_final.pdf

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Yes.

Qualitative Info

In order to transpose Directives 2000/43/EC and 2000/78/EC in Italian law, the government (on the basis of the lawmaking power previously delegated for this purpose by the parliament) approved in July 2003 two decrees, decree 215/2003 (transposing directive 43/2000) and decree 216/2003 (transposing directive 78/2000).

The Decrees reproduce the text of each Directive. Decree 215/2000 is thus applicable, within all fields mentioned in directive 43/2000, to discrimination on ground of race and ethnic origin, while decree 216/2003 applies within the field of employment to discrimination based on religion and belief, sexual orientation, disability and age. Both decrees are basically aimed at transplanting the Directives into the legal system as they are, without attempting to coordinate between them or with other existing Italian legal rules. Some formal mistakes which occurred in the drafting work have been corrected by a later decree, and legislation of early 2008 amended some of the major discrepancies with the directives.

One criticism addressed (also in parliament) at this transposition technique concerns the fact that, since it does not abolish the pre-existing anti-discrimination rules nor attempts unification, it adds a further legal regime, creating a complex situation which could lead to litigation involving many legalistic arguments. The coordination in a single text of all rules on equal opportunities (all grounds, included gender) has been discussed, but until now the government did not take action in that sense.

---

Source:

European Network of Legal Experts in the Non-Discrimination Field – Italy – Main Legislation - http://www.non-discrimination.net/content/main-legislation-13 (Date of access: 2.12.2011)

External Url http://www.non-discrimination.net/content/media/2009-IT-Country%20Report%20LN_final.pdf

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Yes.

Qualitative Info

If one puts together the Immigration Act (1998) and the Decrees (2003), the grounds of discrimination prohibited by statute law (beyond the equal treatment provisions contained in the Constitution) coincide with those covered by the Directives, with the relevant addendum of discrimination on ground of nationality.

---

Source:

http://www.non-discrimination.net/content/media/2009-IT-Country%20Report%20LN_final.pdf

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Yes.

Qualitative Info

The most important instrument in Italian law for prosecuting racist and other hate violence is the penalty enhancement provision contained in Law no. 205 of 1993, commonly referred to as the “Mancino Law”. Its article 3 allows judges to increase the sentence to be imposed for a crime, by up to half, if it was committed “with the purpose of discrimination or hatred based on ethnicity, nationality, race, or religion, or in order to facilitate the activity of organizations, associations, movements, or groups that have this purpose among their objectives.” The aggravating circumstance of racist or other hate purpose can be applied to any crime, except those punishable by life in prison (the harshest penalty under Italian criminal law). The Mancino Law also makes it a crime to “instigate in any way or commit violence or acts of provocation to violence for racist, ethnic, national or religious motives” and to “propagate ideas based on racial superiority or racial or ethnic hatred, or to instigate to commit or commit acts of discrimination for racial, ethnic, national or religious motives”.

---

Source:

Human Rights Watch – Everyday Intolerance. Racist and Xenophobic Violence in Italy, 2011 - /resources/toolip/doc/2011/10/21/hrw---racist-and-xenophobic-violence-in-italy-2011.pdf

 

External Url http://www.non-discrimination.net/content/media/2009-IT-Country%20Report%20LN_final.pdf

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No.

Qualitative Info

In Italian criminal code there is not a clear legal definition of racist-hate crime. The Immigration Act contains a “black list” of discriminatory acts, roughly corresponding to the scope of application of the Race Directive (although the list in the Immigration Act is a non-exhaustive one), providing remedies from the realm of civil law. Besides these rules, existed (and are still in force) some criminal law provisions contained in the 1993 act (Mancino’s Law) aimed at sanctioning the diffusion of “hate speech” and racist propaganda, which provide harsh punishments for “acts of discrimination on racial, ethnic, national or religious grounds”.

---

Source:

European Network of Legal Experts in the Non-Discrimination Field – Report on measures to combat discrimination. Directives 2000/43/ec and 2000/78/ec. Country report 2009 Italy - /resources/toolip/doc/2011/12/05/2009-it-country-report-by-european-network-in-non-discrimination.pdf

External Url www.diritto.it/materiali/immigrazione/legge_mancino_205.pdf

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No.

Qualitative Info

The Immigration Act contains a “black list” of discriminatory acts, roughly corresponding to the scope of application of the Race Directive (although the list in the Immigration Act is a non-exhaustive one), providing remedies from the realm of civil law. Besides these rules, existed (and are still in force) some criminal law provisions contained in the 1993 act aimed at sanctioning the diffusion of “hate speech” and racist propaganda, which provide harsh punishments for “acts of discrimination on racial, ethnic, national or religious grounds”. Since the government did not abolish the pre-existing statutes, these antidiscrimination rules coexist with the provisions aimed at implementing the Directives.

---

Source:

Report on Measures to Combat Discrimination, Directives 2000/43/EC and 2000/78/EC, Country Report -Italy by Alessandro Simoni - http://www.non-discrimination.net/content/media/2007-IT-Country%20Report%20Final.pdf

External Url http://www.non-discrimination.net/content/media/2007-IT-Country%20Report%20Final.pdf

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No.

Qualitative Info

There is not a legal definition of racist incident. In the so called "Mancino's Law" there are some references to racist violence and racist incident, but there are not specific.

---

Source:

Analytical Report on Legislation, RAXEN National Focal Point Italy by F. Vassallo Paleologo, Vienna, 2004.

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Yes.

Qualitative Info

The Mancino Law (1993) establishes that is prohibited "any organization, association, movement or group that has among its purposes the incitement to discrimination or violence for racial, ethnic, national or religious. Who participates in these organizations, associations, movements or groups is punished for the mere fact of participation or assistance, with imprisonment from six months to four years. Those who promote or direct such organizations, associations, movements and groups are punished for that reason alone, with imprisonment from one to six years".

---

Source:

http://www.governo.it/Presidenza/USRI/confessioni/norme/dl_122_1993.pdf

 

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Yes

Qualitative Info

In Italy ASGi, an indipendent association composed by lawyers, judges, professors with a specific interest on migration and discrimination issues, publishes a quarterly journal and an update website where ASGI informs and discuss the impacts of anti-racist legislation. ASGI is member of European Network against Racism and national coordinator of European Legal Network on Asylum (ELENA)

---

Source: http://www.asgi.it

External Url www.asgi.it

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Yes

Qualitative Info

In 2009 142 cases of hate crimes have been recorded by police. Most crimes go unreported and are seldom labelled as racist crimes by the law enforcement authorities and by the media. In 2008 Italian police recorded 112 hate crimes, 3 less than 2007, yet none of them were prosecuted.
In 2009, UNAR highlighted an increase in the cases of racism reported to the contact centre and has at the same time noted that most cases of racism are still unreported. A crossed- monitoring exercise of cases of racism reported in the media with cases of racism denounced by victims will hopefully lead to an increase of awareness of this crime and to a better system of protection of the rights of the victims of hate crimes.
 

---

Sources:

ENAR Shadow Report 2009/2010. Racism and discrimination in Italy
Hate crimes in the OSCE Region. Incidents and responsed. Annual report for 2009.
 

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no

Qualitative Info

"Undoubtedly, the disturbing Italian climate of racism and xenophobia, also strong at the institutional level, go against the call to national governments for responses to racist crimes, expressed by the EU Framework Decision on Racism and Xenophobia 2008/ 913/ JHA of November 2008. Thus, as racism inflames the rhetoric of elected leaders, it is not surprising to find out that the national Italian government has not focused on the prevention of racism and xenophobia. The only positive development of 2009 is the greater commitment of UNAR to combating racism as a crime. However, the lack of participation of UNAR at a judicial level is still an area of concern".

---

source: ENAR Shadow Report 2009/2010. Racism and discrimination in Italy, p. 35.

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No.

Qualitative Info

The first enactment of advanced anti-discrimination rules took place with the 1998 Immigration Act. This law provides a good set of remedies against racial, ethnic and religious discrimination, and in many respects anticipated the requirements of Directives 2000/43/EC and 2000/78/EC on these grounds. The 1998 Act forbids, through private law rules, direct and indirect discrimination by individuals and public authorities, with definitions roughly corresponding to those of the Directives, but with a list of fields of application which is open-ended. Protection extends to discrimination on ground of nationality. The same act contains also special procedural rules for anti-discrimination cases, in order to make them especially swift and effective, as well as providing the possibility for compensation of non-pecuniary losses, that in Italian law is otherwise restricted to criminal offences. There are not many reported judicial decisions based on the 1998 Act. However, some of the reported decisions attracted significant interest because of their application to public bodies (for instance, quashing a regulation on public housing of the town of Milan) or because of the sanctioning of discriminatory activities other than those foreseen in the non-exhaustive “black list”.

---

Source:

http://www.non-discrimination.net/content/main-legislation-13

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Yes.

Qualitative Info

The Criminal Code of Italy contains provisions that expressly enable the racist or other bias motives of the offender to be taken into account by the courts as an aggravating circumstance when sentencing. In particular, Section 3(1)(b) of Law 654/1975, as amended by Section 3 of the Law 205/1993 (which defines racial discrimination as both a crime in itself and as an aggravating factor in other criminal acts) introduces a general aggravating circumstance for all offences committed with a view to discrimination on racial, ethnic, national or religious ground or in order to help organizations with such purposes.

---

Source:

http://www.ohchr.org/Documents/Issues/Expression/ICCPR/Vienna/Annexes/Italy.pdf

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Yes.

Qualitative Info

Italian law provides for increased prison sentences for crimes aggravated by racial motivation, but the statute has yet to live up to its promise, Human Rights Watch said. The 1993 statute has often been interpreted by prosecutors and the courts only to apply to cases where racial hatred was the sole motivation, leaving serious racist crimes prosecuted as though they were ordinary offences. The state prosecuted Abdoul Guiebre's murder as an ordinary crime, for example, despite the racist insults uttered by the perpetrators during the attack.

---

Source:

http://www.hrw.org/news/2011/03/21/italy-act-swiftly-end-racist-violence

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No.

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yes

Qualitative Info

As also reported by media, there are different cases of racist violence and hate crimes perpetrated by public servants. For example there are cases of teacher involved in such situations: in Turin a teacher wrote in a site that he wanted to carry out a massacre in the synagogue of the city. Also the italian police is involved in such cases. "The percentage of negative evaluations of police treatment during checks by migrants living in Italy is the highest among all migrant communities in all the EU countries. Fuelled by a violent and xenophobic political discourse, identity checks are often carried out with methods that are against the law and violate persons human rights, especially in northern regions with elected representatives of the anti- immigrant party, the Northern League. (Enar Shadow report 2009-2010, p.21). Moreover "in 2009, the association of South Asian immigrants Dhuumcatu denounced the lack of intervention by the police in an incident involving an undocumented Italians. The police (Carabinieri), went to the spot where the incident was taking place, but after some questioning, did not intervene, leaving the man to be assaulted. The absurd explanations given by the law enforcement authorities was that the Bangladeshi admitted that he was an undocumented migrant, which warranted them not interfering in the attack.(Enar Shadow report 2009-2010, p.22).

---

Source: Enar Shadow report 2009-2010

External Url http://tg24.sky.it/tg24/cronaca/2012/01/06/indagato_professore_negazionista_renato_pallavidini_odio_razziale_facebook_sinagoga_torino.html

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Yes.

Qualitative Info

In Italian political system Lega Nord party (North League) espresses xenophobic discourses and promote an explicit anti-migrants agenda. Born as a federation of separatist movements in the Eighties, the League Nord was motivated, like other secessionist European parties, by the refusal to pay the bill for fiscal transfers to less developed ‘parasitic’ Regions. Firmly established in central government, the Northern League had to reorient the focus of its hostility from Southern Italians towards immigrants and Muslim minorities, who offered convenient targets, being non-voters. Some excessive Northern League behaviours were considered politically dangerous and inappropriate even by their allies. On 15 February 2006 Northern League Minister Calderoli, during an interview on television, showed an underwear T-shirt with Christ scolding Mohamed for his lack of sense humour about Danish cartoons. He was forced to resign, but his career was not hampered by this or similar gestures. In recent years pig’s urine was spread by Northern League militants on grounds assigned to the building of a Muslim cemetery. In 2000, the then Mayor of Treviso, a North-East town, suggested disguising immigrants as leverets to allow hunters to practice their sport.

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Source:

G. Zincone, Citizenship Policy Making in Mediterranean EU States: Italy, EUDO Citizenship Observatory, 2010 - http://eudo-citizenship.eu/docs/EUDOcom-Italy.pdf

 

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Forza Nuova neo-fascist party.

Qualitative Info

Forza Nuova was founded in 1997 by Roberto Fiore and Massimo Morsello, already condemned for seditious association, the former for belonging to Terza Posizione and the latter to FUAN-NAR ("black" terrorist organization). The new group distinguished by its strong ties to the historical fascism and traditionalist Catholicism, unites the dissenting youth group of Fiamma Tricolore, fringe groups of skinheads and far right independent groups. Forza Nuova thas an eight-point platform including stopping all immigration and activating humanitarian returns of immigrants in Italy, as well as the repeal of the Mancino law against discrimination and racism . The party has not a strong electoral and political power at national level. In the last election (2008) received less than 0,5%. It has promoted different initiative and public manifestation  against migration group, irregular migrants, muslim communities and gay and lesbian communities.

---

Source:

http://it.wikipedia.org/wiki/Forza_Nuova

http://fra.europa.eu/fraWebsite/attachments/CS-RV-NR-IT.pdf

 

 

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Yes.

Qualitative Info

Openly racist and xenophobic discourses are a consolidated aspect of mainstream political parties‟ propaganda. Populism is more and more characterizing political proposals of both right and left wing parties. Schematically the mechanism is simple; real events, often not particularly relevant ones, are selected and misrepresented by the media and shown to be an alarming chain, creating an „emergency‟. Sensationalist campaigns are launched about the ‟immigrant crime problem‟, the ‟Roma problem‟, and the ‟Muslim problem‟, the underlying message being that the presence or even the existence of a certain group of ‟aliens‟ is menacing to our own security. Political parties fuel these alarming campaigns to build a consensus among the voters pretending to be the defenders of citizens‟ security against the alien menace.

---

Source:

Luciano Scagliotti, Report - European Network against Racism (ENAR) - CIE Centro d'Iniziativa per l'Europa - http://cms.horus.be/files/99935/MediaArchive/Racist%20Violence%20Report%20Italy%20-%20online.pdf

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yes

Qualitative Info

In January 2006 the Parliament adopted an act, requested by the xenophobic party Lega Nord, which significantly weakens the penalties against hate speech and instigation to racial discrimination. As regards specific anti discrimination legislation, the main development has been (2004) the opening of the new Bureau for the promotion of equal treatment (UNAR) mandated to receive complaints of cases of discrimination, analysing them and giving qualified assistance to victims and to promote studies, research, training awareness raising and disseminating information on the struggle against racism.

The Lega Nord (Northern League), a prominent political party in Italy, frequently uses racist and anti-Romani language in public statements. Mr Umberto Bossi, leader of the Lega Nord, distributed fliers during the campaign for regional elections that stated, "If you don't want Gypsies, Moroccans and delinquents in your house, be the master of your own home in a liveable city and vote Lega Nord." In the town of Voghera, centre-right candidate Aurelio Torriani distributed fliers intended to discredit centre-left candidate Antonella Dagradi with the slogan: "The Gypsies will certainly vote for Antonella Dagradi. Do you want to do the same?" Lega Nord supporters recited what they termed the "Gypsy Prayer" at a rally led by Lega Nord Member of Parliament Mario Borghezio in the same town: "Give us a million a month, the city doesn't have other expenses, put us at the top of the list for a house, because we are nomads, but we are sticking around; but we wouldn't want to be gassed by angry Voghero inhabitants."

---

Source: Enar, Responding to racism in Italy

http://www.errc.org/article/hate-speech-and-literature-in-italy/1040

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yes

Qualitative Info

Italy gave its residents full protection against discrimination following threats from the European Commission to take legal action. In order to tackle existing discrimination and continuously improve the law, the government responded to the points set out in the infringement proceeding 2005/2358 by implementing the Anti-Discrimination Law on 6 June 2008. Now more victims are protected from harassment and victimisation, while they do not have to shoulder the whole burden of proof throughout the legal proceedings.
The State did create a diversity charter for business, similar to FR and DE, but has no positive duty to promote equality in its own actions. The Prime Minister controls the Office for Racial Discrimination, Europe’s 2nd weakest equality body (after ES). It cannot instigate or engage in proceedings, unlike in 13 countries.
The main positive development at a national level in the field of anti-discrimination is that UNAR (the Italian National Office for the Promotion of Equality of Treatment and the Contrast to Discrimination based on Race and Ethnic Origin) has made greater efforts to increase its capacity and extend its activities to combat discrimination. For instance an information system for the contact centre has been created and data on the cases of discrimination reported to the office during the year will be more accurate and comprehensive than those currently available.

---

Source: ENAR, Shadow Report 2009 – 2010. Racism and discrimination in Italy
Migrant Integration Policy INdex III, http://www.mipex.eu/italy


 

External Url http://www.mipex.eu/italy

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Yes there are some attempts

Qualitative Info

In partnership with civil society and local authorities, UNAR has developed a network of anti-discrimination centres throughout Italy and has made formal agreements with many regional governments. Thus the regional authorities of Puglia, Emilia Romagna, Liguria, Lombardia, Piemonte and Sicily are now part of the national UNAR anti-discrimination network

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Source: ENAR, Shadow Report 2009 – 2010. Racism and discrimination in Italy http://cms.horus.be/files/99935/MediaArchive/ENAR%20Ethnic%20Profiling%20Supplement%20Italy.pdf

External Url http://cms.horus.be/files/99935/MediaArchive/ENAR%20Ethnic%20Profiling%20Supplement%20Italy.pdf

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Yes.

Qualitative Info

Italy is characterised by the presence, in almost every sector of social life, of a strong web of associations across the whole nation. This is also the case in the field of the protection of human rights and the fight against racism and xenophobia: there are thousands of NGOs active in every part of the country. It is, of course, impossible to describe them all; we can only say that civil society action has been decisive in guaranteeing the social, cultural, political and legal protection of the victims of racism. A web of church-based organisations, trade unions and NGOs today constitute the main barrier which challenges racism and xenophobia, achieving relevant though still insufficient success.

---

Source:

Enar Italy, Responding to racism in Italy - http://cms.horus.be/files/99935/MediaArchive/pdf/italy_en.pdf

 

External Url www.arci.it

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Yes.

Qualitative Info

As regards legal protection we recall the crucial role of the lawyers and magistrates member of ASGI (Associazione Studi Giuridici sull’Immigrazione); as regards policy every year since 1995 ARCI organises the International Anti-Racist Meeting, a week of ini­tiatives, where public and private bodies working in the fight against racism and exclusion across Europe, can meet and exchange ideas and opinions, share information on good practice and organise train­ing workshops. The Migrants’ Social Forum and the Coordination of Immigrants in Ita­ly lead a daily struggle, which has deep roots all over Italy, defending third country nationals against institutional and social discriminations, including entry and residence regulations and detention centres, a struggle which is shared and actively supported by hundreds of NGOs. This is also the case of the struggle for civil and political rights, includ­ing the right to EU citizenship or residence, for social rights (housing, employment, health) and for equal treatment and opportunities.

---

Source:

Enar Italy, Responding to racism in Italy - http://cms.horus.be/files/99935/MediaArchive/pdf/italy_en.pdf

External Url www.asgi.it

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Yes

Qualitative Info

There are many examples of good practices in this field, but one o f the most representative is the national campaign "no reporting" launched by Medici Senza Frontiere, ASGI, Società Italiana Medicina delle Migrazioni, OISG. The campaign states that the Italian Constitution (Article 32 (1)) includes the right to sanitary treatments as a universal right, for all human beings, regardless of their legal status. Following pressure from civil society and associations, a representative of the Home Ministry has sent an official letter to all public doctors stating that that public officials working in health centres have to respect their obligation not to report their patients, foreseen by Article 35 of the decree 286/98.

---

Source:
EENAR, Shadow Report 2009 – 2010. Racism and discrimination in Italy
ENAR SHADOW REPORT 2007. Racism in Italy, Camilla Bencini - Sara Cerretelli



 

External Url www.divietodisegnalazione.medicisenzafrontiere.it

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Yes.

Qualitative Info

Some anti-racist organizations advocate changes regarding the implementation of EU directives into national legislation. Moreover some NGOs and trade unions interested in immigration advocate an asylum law above all: in Italy there isn’t a regulation as regards asylum seekers. NGOs and trade unions may become involved in proposals for legislative change in a range of areas such as anti-discrimination, asylum and immigration. They work on national as well as local level. Normally the institutions try to have a good relationship with NGOs and trade unions, although they keep strong autonomously when they have different positions. There has been also cooperation and joint projects between NGOs and regional governments and municipalities and trade unions and regional governments.

---

Source:

Associazione ARCI, National Activity Report Italy, Anti-Discrimination and Diversity Training, May 2008 - http://www.idm-diversity.org/files/EU0708-Italy-it.pdf

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Yes.

Qualitative Info

In cases of judicial or administrative action, UNAR can propose an appropriate association on the National Register provides support to the victim (the National Register, as provided by Art. 6 Italy/decreto legislativo 215/2003, includes associations and entities belonging to civil society, e.g. NGOs, voluntary sector associations, private social organisations). These entities enrolled in the National Register, have the right to provide legal assistance and representation before the courts in discrimination cases. NGOs are heavily involved in supporting complainants in judicial and administrative procedures, in particular in explaining the legislation and bringing the victim into contact with the defending counsel. These registered associations also have legal standing before the courts in ‘collective discrimination’ actions in the event that an individual who has experienced discrimination cannot be immediately identified. In other cases they must have legal authorisation from the victims. In such cases registered associations can engage autonomously in proceedings on behalf of or in support of the victims (Art. 5 Italy/decreto legislativo 215/2003). Moreover, trade unions provide individual and collective assistance as well as support to workers who have been discriminated against, and to this end they are active at local level. In recent years, the role of the unions in prevention and monitoring of racial and ethnic discrimination has steadily increased, both independently and in conjunction with NGOs and the regional authorities

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Source:

http://fra.europa.eu/fraWebsite/attachments/access-to-justice-2011-country-IT.pdf

External Url www.asgi.it

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Yes.

Qualitative Info

Several courses on human rights have been addressed to the Italian Police forces. In particular, the Ministry of the Interior has included human rights law in the training curricula for police staff at all ranks. The courses deal with a wide range of topics including vulnerable groups and minorities, namely the social segments of the most exposed to discrimination and to exploitation by criminal groups. Since 2001 human rights law has been included into the continuous training programs for Police personnel. This training focuses on those aspects that relate to the identification of the “mission” of the Police service in a democratic society, from the fight against all forms of discrimination to specific Guidelines concerning the protection of the right to life, the prohibition of torture, and the use of force. As far as the relationship between Police and vulnerable groups is concerned, it should be noted that the Department of Public Security coordinated an EU project (Building A Police Service Within a Multi-ethnic Community) involving the Italian Roma community and inviting Mr. Demir Mustafa – an outstanding representative of the relevant community - among the stakeholders, representing ethnic groups at risk of discrimination. In this context it should be noted that also the Carabinieri Corps attaches the utmost importance to the study of Human Rights and Humanitarian Law in the academic and training curricula.

---

Source:

Report by Thomas Hammarberg, Commissioner for Human Rights of the Council of Europe, following his visit to Italy on 13-15 January 2009. CommDH(2009)16 - https://wcd.coe.int/ViewDoc.jsp?id=1428427&Site=CommDH&BackColorInternet=FEC65B

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No.

Qualitative Info

The data available show episodes of racial profiling and events of violence against migrants and Roma people, but the are not evidences of any police associations or unions that promote anti-migrant discourse or agenda.

---

Source:

http://fra.europa.eu/fraWebsite/attachments/EU-MIDIS-police_IT.pdf

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No.

Qualitative Info

Notwithstanding international condemnation, Italy does not recognize anti-immigrant policy and ethnic profiling as a problem. No legislation specifically sanctions ethnic profiling. However, discrimination by law enforcement officials is actually sanctioned in all circumstances by the anti discrimination norms stated 1998 T.U on migration (d.lgs. n. 286/98 and subsequent modifications).The lack of available data on ethnic profiling as well as the lack of knowledge and awareness about the issue among law enforcement authorities are a proof of this.

---

Source:

Enar Shadow Report 2009/2010, Supplemental report: Ethnic Profiling in Italy, by Laura Di Pasquale, ENAR - http://cms.horus.be/files/99935/MediaArchive/ENAR%20Ethnic%20Profiling%20Supplement%20Italy.pdf

External Url http://www.errc.org/cms/upload/media/03/B8/m000003B8.pdf

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Yes.

Qualitative Info

Little research or data is available on the situation of ethnic profiling in Italy in the period 2009-2010. An exception is the 2010 EU MIDIS report on racism and discrimination.The perceptions of ethnic profiling in Italy is quite high among all three migrant minorities surveyed: 67% of Albanians, 45% of Romanians and 55% North Africans believe that the last time they were stopped by the police; they were stopped due to their ethnic background. The survey also explores casual police stops in the street which are extremely frequent in Italy for migrants. In fact, one of out of three respondents (of migrant origin) has been stopped by the police at least four times in the last 12 months. Only half of the respondents from Albania and Romania and one third North Africans in Italy evaluated the police conduct during stops positively. Migrants from North Africa had the worst experience with the police, 41% believed that the police were disrespectful to them during the checks while only 21% of Romanian and 18% of Albanians claimed that the conduct of the police during checks was fairly to very disrespectful. The percentage of negative evaluations of police treatment during checks by migrants living in Italy is the highest among all migrant communities in all the EU countries included in the study, suggesting that the conduct of the police should be monitored.
While in the aftermath of September 11th, discriminatory treatment by the police was especially directed to Muslim citizens within their anti-terrorism operations, lately ethnic profiling seem to occur as an excuse to enforce migration policies. As noted by the Open Society Justice Initiative in relation to anti-terrorist police operations post September 2001, in Italy, ethnic profiling practices are driven by policy making.

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Source:

ENAR SHADOW REPORT 2009/2010 - Racism and Discrimination in Italy by Laura Di Pasquale - http://cms.horus.be/files/99935/MediaArchive/Italy.pdf.

EU-Midis, Relazione "dati in breve". Fermi di poliizia e minoranze, FRA, 2010.

 

 

 

External Url http://fra.europa.eu/fraWebsite/attachments/EU-MIDIS-police_IT.pdf

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No.

Qualitative Info

As reported in the Enar Shadow Report 2009-2010 and in the EU-MIDIS European Union Minorities and Discrimination Survey, FRA 2009, there are reported cases of ethnic profiling but they regard the police (e.g. In Milan, since September 2009, a special corps of the municipal police conducted mass checks on all non Italian passengers of public transport to spot irregular migrants.), municipalities operators (e.g. In the small town of Coccaglio , the operation called “White Christmas” implied a sort of ethnic cleansing before the 25th of December: all irregular migrants should leave by that date, so the town would be clean and white. Controls were carried out on the legal status of all non Italians living in Coccaglio). There is no case reported regarding immigration services.

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Source:

European Union Agency on Fundamental Rights, EU-MIDIS European Union Minorities and Discrimination Survey, FRA 2009.

ENAR SHADOW REPORT 2009/2010 - Racism and Discrimination in Italy by Laura Di Pasquale - http://cms.horus.be/files/99935/MediaArchive/Italy.pdf

ENAR SHADOW REPORT 2008 - Racism and Discrimination in Italy by Camilla Bencini, Sara Cerretelli, Laura Di Pasquale - http://cms.horus.be/files/99935/MediaArchive/national/Italy%20-%20SR%202008.pdf

External Url http://fra.europa.eu/fraWebsite/attachments/EU-MIDIS-police_IT.pdf

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Probably, according to victimisation surveys.

Qualitative Info

Very probably, in italian context there are significant disparities between the racist incidents and crimes reported and/or recorded by police authorities.The main reason is the lack of complaints by migrants, in particular who are in irregular status for fear of being expelled or in the condition of exclusion as Roma and Sinti People.

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Source:

EU-MIdis, Relazione Dati in breve. Fermi di polizia e minoranze, FRA, 2010.

External Url http://fra.europa.eu/fraWebsite/attachments/EU-MIDIS-police_IT.pdf

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Yes.

Qualitative Info

In 2010 the Milan municipality establishes, through ordinances in the area of via Padova, via Paolo Sarpi (Chinatown) and in the Corvetto neighbourhood, stricter controls on rents and limitations on opening hours of same (ethnic) business categories (massage parlours, phone centres, bars and takeaways). The ordinances which have been defined "measures against degradation" by politicians and "a curfew" by the press, focus on areas with a high rate of immigration where some episodes, sometimes sensational, had been a sign of uneasiness and malaise.

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Source:

Fondazione ISmu, The Sixteenth Italian Report on Migrations 2010, McGraw-Hill, Milan, 2011.

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Yes.

Qualitative Info

Many examples reported in the news, highlight that seeking justice about violent and abusive conduct by law enforcement authorities is a tricky issue. Organizations such as Amnesty International have often pointed out that the conduct of law enforcement authorities in Italy is an issue of concern. The abusive conduct of the police forces towards Italian citizens has been rarely legally punished as in most occasions it remains unpunished or unreported. This is all the more true for citizens in weaker socio political conditions and legal status as migrant citizens. One of the most important event regarding violence in custody took place in Parma when a 22 years-old boy of Ghanaian origin was beaten outside his school by some Municipal Police officers in Parma because they thought he was a drug pusher. After having run after him and beaten him, the officers took him to the municipal police headquarters. He was released some hours after with an envelope containing the minutes of his interrogation with the sentence ‘Emmanuel, nigger’ written on it.

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Source:

Enar Shadow Report 2009/2010, Supplemental report: Ethnic Profiling in Italy, by Laura Di Pasquale, ENAR - http://cms.horus.be/files/99935/MediaArchive/ENAR%20Ethnic%20Profiling%20Supplement%20Italy.pdf

 

 

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No.

Qualitative Info

The right of access to justice recognized by Article 24 of Constitution is an inviolable and non disposable right and a fundamental principle of Constitution. No relevant restriction can limit the right to access to justice in discrimination cases, as a matter of law. But, for many sociological and demographics reasons the access to justice can be difficult, for example lack of information on anti-discrimination law, irregular status, poor italian language skill.

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Source:

http://fra.europa.eu/fraWebsite/attachments/access-to-justice-2011-country-IT.pdf

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Yes.

Qualitative Info

A number of the measures introduced as part of the so-called “security package” adopted in May 2008, in the wake of an election campaign dominated by the law and order agenda and by criticism of migrants and Roma people by members of the coalition led by Berlusconi, have been quashed in a series of recent decisions by the Italian Constitutional Court and the European Court of Justice in Luxembourg. Three key issues that the rulings highlighted include the discrimination that introducing longer sentences for the same criminal offences in cases involving “illegal” immigrants entails, that the imprisonment under criminal law of immigrants who have been caught while their status is illegal and have not complied with an order to leave the country contravenes the so-called Returns Directive, and the unconstitutionality of the wideranging expansion of local councils’ powers (in particular mayors) to issue ordinances on matters pertaining to policies on security and public order.

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Source:

Maccanico Yasha, Statewatch Analysis Italy, Series of defeats in court for the “security package”, July 2011 - http://www.statewatch.org/analyses/no-137-italy-security-package.pdf

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Yes.

Qualitative Info

The main Italian trade union Confederazione Generale Italiana del Lavoro (CGIL - Italian General Confederation of Labour) has promotes legal action against the government while also campaigning for an effective transposition of the equality directives. Much of its work is on awareness raising thug campaigns such as ‘Same blood, same rights’, based on the principle that all are equal, regardless of ethnic origin. The union reports an increasing number of migrants and young workers in its membership. The large number of events organised jointly with NGO organisations and civil associations throughout the years has contributed to the development and consolidation of local networks that have organised against renewed attacks on minority ethnic workers.

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Source:

Social Europe, Trade union practices on anti-discrimination and diversity. Summary, European Union, 2010 – http://ec.europa.eu/progress

 

External Url www.cgil.it

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Yes.

Qualitative Info

In 2010 in Italy, over 1 million of migrants (1.137.238)  are registered in the trade unions. This means that they represent 7.8% of the total union members.
Moreover, in 2009, 50% of the occupied migrants has a union card, a percentage higher than data regarding Italian workers. Among them only 30% is an union member.
Actually, trade unions are generally engaged in defending migrants’ rights in the labour market. At the local level, in the companies, trade unions address specific issues like, for example, time for religious events, specific food rules

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Source:

Caritas/Migrantes, Immigrazione. Dossier Statistico 2010, XX rapporto. Idos Edizioni, Roma

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No.

Qualitative Info

There are not evidences of migrant segregation in Italy. It's possible to find in metropolitan areas (as Milan or Rome) significant levels of concentration of migrant groups in the popular neighbourhoods but thery are not segregated from majority of population.  

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Source:

Agustoni A., Alietti A., Migrazioni, politiche urbane e abitative: dalla dimensione europea alla dimensione locale, Fondazione Ismu, Milano, 2011

External Url http://www.orimregionelombardia.it/index.php?c=512

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There is not a specific higly segregated migrant group.

Qualitative Info

In the metropolitan context as Milan and/or Rome there are some popular neighbourhoods with a high concentration (up to 30%) of different nationalities of migrants, but are not segregated.  A different situation affects seasonal workers from African countries in the agricultural sector, especially in Southern Italy, who live segregated and in inhuman conditions. 

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Source:

Agustoni A., Alietti A. (eds.), Migrazioni, politiche urbane e abitative: dalla dimensione europea alla dimensione locale, Fondazione Ismu, Milan, 2011.

ENAR SHADOW REPORT 2009/2010 - Racism and Discrimination in Italy by Laura Di Pasquale - http://ENAR SHADOW REPORT 2009/2010 - Racism and Discrimination in Italy by Laura Di Pasquale

 

External Url http://www.orimregionelombardia.it/index.php?c=512

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Yes.

Qualitative Info

The housing situation of Roma and Sinti people has been highly criticised for years as they live segregated in camps frequently located far away from the city centres, often close to motorways or railways, to industrial areas, or even on former waste dump sites. A research carried out by the NGO COSPE for FRA has confirmed that they live in substandard conditions in segregated structures, often overcrowded lacking in services and basic infrastructure. While some of the settlements are authorized, others are not. Both types of settlements are often targets of social alarm and hostility from residents. Unauthorized settlements are often subject to eviction orders and the inhabitants of the settlements are moved out without alternative accommodation by law enforcement authorities. The only solution for most of the families evicted from camps is to find a barrack or some shelter and create another non authorized settlement in another segregated area.

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Source:

ENAR SHADOW REPORT 2009/2010 - Racism and Discrimination in Italy by Laura Di Pasquale - http://cms.horus.be/files/99935/MediaArchive/Italy.pdf

RAXEN Thematic Study, Housing Conditions of Roma and Travellers - Italy, March 2009, by Udo C. Enwereuzor and Laura Di Pasquale - http://www.cirdi.org/wp/wp-content/uploads/2011/01/roma_housing_final.pdf

 

 

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Yes, Roma and Sinti

Qualitative Info

The housing situation of Roma and Sinti people has been highly criticised for years as they live segregated in camps frequently located far away from the city centres, often close to motorways or railways, to industrial areas, or even on former waste dump sites. A research carried out by the NGO COSPE for FRA has confirmed that they live in substandard conditions in segregated structures, often overcrowded lacking in services and basic infrastructure. While some of the settlements are authorized, others are not. Both types of settlements are often targets of social alarm and hostility from residents. Unauthorized settlements are often subject to eviction orders and the inhabitants of the settlements are moved out without alternative accommodation by law enforcement authorities. The only solution for most of the families evicted from camps is to find a barrack or some shelter and create another non authorized settlement in another segregated area.

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ENAR SHADOW REPORT 2009/2010 - Racism and Discrimination in Italy by Laura Di Pasquale - http://cms.horus.be/files/99935/MediaArchive/Italy.pdf

RAXEN Thematic Study, Housing Conditions of Roma and Travellers - Italy, March 2009, by Udo C. Enwereuzor and Laura Di Pasquale - http://www.cirdi.org/wp/wp-content/uploads/2011/01/roma_housing_final.pdf

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Yes.

Qualitative Info

On 21 June 2004, the European Roma Rights Center (ERRC) lodged a collective complaint under the Revised European Social Charter against Italy for persistent and systematic violations of the fundamental rights of Roma to adequate housing. This collective complaint alleges that as a result of the construction and maintenance, by policy and practice, of substandard and racially segregated camps for Roma (as well as in light of policies and practices of forced eviction of Roma, threats of forced eviction of Roma, sistemi destruction of property belonging to Roma, and the systemic invasion of Romani dwellings without due regard to Italy's international law obligations), Italy is in violation of Article 31(1) of the Revised European Social Charter. On 21 December 2005, the European Committee of Social Rights, the body overseeing implementation of the Social Charter, unanimously ruled that ‘Italy had violated Article 31 (right to housing) of the Revised European Social Charter taken together with Article E (ban on discrimination), with respect to the insufficiency and inadequacy of camping sites for Roma in Italy; the recurrent forced eviction of Roma by Italian authorities; and the lack of permanent dwellings made available for Roma’. This decision was later adepte by the Council of Europe Committee of Ministers as Resolution ResChS(2006)4 on 3 May 2006. The submitting organisations added that ‘in spite of the decision against Italy by the European Committee of Social Rights, the authorities have not taken effective measures at the national level to counter the segregation of Roma’.

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Source:

Enwereuzor Udo and Laura Di Pasquale (COSPE), RAXEN Thematic Study - Housing Conditions of Roma and Travellers – Italy, March 2009 - http://fra.europa.eu/fraWebsite/attachments/RAXEN-Roma%20Housing-Italy_en.pdf

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No

Qualitative Info

In order to avoid the school segregation, the Circular Letter (CM) n. 2 dated 8th January 2010, issued by the MIUR (Ministry of Education, Universities and Research) offers guidelines for the management of the enrolment process for students who do not have Italian citizenship: ensuring an adequate distribution among different schools and setting the limit of foreign students with limited Italian linguistic skills to 30% per each class. The issue raised by the limit on the ethnic omposition of classes, over and above other issues, has received attention in the mass media and has been bject of debate in the public sphere. Like previous Ministry circular letters and directives, it has taken into account the need to maintain a certain level of heterogeneity among schools, as an ndispensable condition for a good level of integration and intercultural dialogue (Council of Europe, 2008).

Nonetheless, a recent document produced by the MIUR Statistical Service offered an in-depth, albeit partial, analysis of the percentage of foreigners in different primary and lower secondary schools and in single classes for a.y. 2009/2010. The analysis aimed at offering a quantitative picture of the phenomenon in light of the application of the CM n. 2/2010. In total the census was conducted on 619 schools, of which 477 were primary schools, that is to say 3.08% of the total number of primaries in the country, and 142 lower secondary schools (2.04% of the Italian total) where the percentage of foreign students exceeded 30%. What emerged was that ¼ of such primary schools are located in Lombardia and 65.5% in Lombardia, Veneto, Emilia Romagna and Piemonte. The data for lower secondary schools, on the other hand, indicated that 38% are in Lombardia and 65.5% is the three regions of Lombardia, Emila Romagna and Veneto. In the South and in the Islands only 21 schools host a foreign student population greater than 30%.

Moreover, recently, some national newspapers reported that the Invalisi test, recently added to the lower secondary school final exam (i.e., the Licenza media), might be  discriminatory towards foreign students. Among the different motivations on which this statement is founded, according to the teachers interviewed, is the fact that the use of a dictionary is not allowed and the test completion time is the same for all students (60 minutes for the Italian exam and 60 minutes for the Maths exam), independently of students’ level of Italian. In fact, exam results from the 2008/2009 a.y. have shown that foreign students really are disadvantaged: in Italian the percentage difference of correct answers is of 11% in favour of Italian students, whereas in Maths Italian students’ results are significantly lower than foreign students.

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Source: Cesareo (ed.), The Sixteenth Italian Report on Migrations 2010, McGraw-Hill             

Miur, Focus in breve sulla scuola. La presenza degli alunni stranieri nelle scuole statali, Roma 2010

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No, but there are some problems.

Qualitative Info

In order to avoid school segregation of minorities, as emerge in the report published by the Ministry of Education, University and Research (MIUR) on the population of non-Italian students in the school year 2007 / 2008, the Ministry intends to continue with the policy of signing agreements with various organisations throughout the country, 'aimed at pursuing the shared objective of education for Roma minors'. As part of this policy, the Ministry renewed its protocol of agreement with Opera Nomadi, 'a historic partner of the ministry in pursuing the education of all Roma, Sinti and Traveller minors'.

The participation of Roma and Sinti to the school is still low. The Ministry of Education, University and Research (MIUR) published a  report
on the population of non-Italian students in the school year 2007 / 2008. In the 2007-2008 school year, there were 12,342 registered Roma students in State and 1,043 in non-State schools and in all, they accounted for 0.14 percent of total school population in same school year. Roma and Traveller students were concentrated in five main regions where Roma populations have settled for hundreds of years. The highest number of students is in Lazio region (2,331) followed by Lombardia (1,939), Veneto (1,186), Calabria (1,167) and Piemonte
(1,162). Regarding distribution at the different school levels, 2,061 minors were registered in nurseries, 6,801 in primary schools, 3,299 in lower secondary and only 181 in upper secondary schools.

It is important to underline that Roma, Sinti and Travellers who live in all regions across the country are not recognised as a linguistic minority and are not included in the protection offered by the framework law regulating the protection of recognised minority languages.

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Source: Italy / MIUR (2009): Alunni con cittadinanza non italiana. Scuole statali e non statali. Anno scolastico 2007 - 2008. Aprile 2009. Available at: http://www.pubblica.istruzione.it/mpi/pubblicazioni/index.shtml

Cospe, Contribution to the FRA Annual Report 2010 Italy, October 2009

http://www.cirdi.org/studi-e-ricerche/raxen-rapporto-annuale-2010

Accogliere bambini e ragazzi rom e sinti. Vademecum per le scuole , Fondazione ISMU, Milano, 2010

External Url http://www.pubblica.istruzione.it/mpi/pubblicazioni/index.shtml; http://www.cirdi.org/studi-e-ricerche/raxen-rapporto-annuale-2010

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No

Qualitative Info

In the more recent annual report of Unar regarding discrimination, there are no reported cases of forced intervention practices.

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Source: UNAR. Parità di trattamento e uguaglianza in Italia. Un anno di attività contro ogni forma e causa di discriminazione, Armando editore, Roma, 2011

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No

Qualitative Info

The voice of migrants is absent in newspapers and on TV.
"After the Chart of Rome in 2008, another step towards a fairer representation of migrants in the media has been made in 2010 with the creation of ANSI, the national association of intercultural media. Acknowledged by the National Federation of Press, the association was born after a long process taken forward by multicultural journalists, experts, trade unions and the national order of journalists. The NGO Cospe, actively working for the promotion of cultural diversity in the media for over 10 years, had a crucial role in facilitating and supporting the process, still allowing multicultural journalists to be the protagonists . The main objectives of ANSI are to promote multiculturalism as a key element of journalism in Italy, promote policies on diversity in the media, and facilitate the access to the professional order for non Italian journalists defending their rights. ANSI intend to promote exchange of good practices at the international level".
 

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Source: ENAR Shadow Report 2009/2010. Racism and discrimination in Italy, p.28

External Url www.cospe-fi.it

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Yes.

Qualitative Info

In Italy the media fuelled the xenophobic rhetoric based on the criminalization of migrants. A study conducted by Sapienza University of Rome during the first half of 2008 found that only 26 out of 5,684 television news stories about immigrants did not relate to crime or security issues. Television is the main source of news for 80 percent of the Italian population. The study, which analyzed seven evening television news programs and seven newspapers, concluded that the media presents a virtually one-dimensional image of immigrants in Italy: a male (almost 80 percent of the time) criminal whose personality “is reduced to a detail about nationality or ‘ethnic’ origin, often mentioned in the headline of the news item.” Roma and Romanians are the ethnic group and nationality most often mentioned in television news headlines All the media present a static and negative image of migrants, pointing out the darkest and most violent aspects. They use incorrect language and terminology and the voice of migrants is absent in newspapers and on TV. In addition, journalists reporting on migrants tend to break their code of ethics more often than reporting on Italians. About 40% of TV news which reported on violent crimes included images or description which could lead to the identification of the person, if migrants were involved.

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Source:

ENAR SHADOW REPORT 2009/2010 - Racism and Discrimination in Italy by Laura Di Pasquale - http://cms.horus.be/files/99935/MediaArchive/Italy.pdf.

Human Right Watch, Everiday Intolerance. Racist and Xenophobic Violence in ITaly, 2011 - http://www.hrw.org/sites/default/files/reports/italy0311WebRevised.pdf

 

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Yes.

Qualitative Info

The problem of racism in sports is a serious one that risks being under-estimated because of lack or paucity of data. Yet, no data is collected and made publicly available on the subject by official bodies and the availability of unofficial data is scarce and discontinuous. A National Observatory of Sport Events was set up about ten years ago following a series of violent and deadly incidents during football matches. However, the Observatory does not include racist violence among its scope and thus, does not provide specific data on racist violence, nor has it put in place any positive initiative to counter it. Thus, the main sources of information for this section are two monitoring reports on racism and anti-racism in football published by the association Panafrica, media articles on racism in football, semi-structured interviews with key actors or observers and results from queries in national online media archives. Information from the above sources indicates that the most common targets of racist acts by supporters and athletes or players during sports events are Black athletes while indirect discrimination deriving from regulatory provisions affect non-EU citizens as a whole. Manifestations of anti-Semitism by elements of the political extreme right and neo-Nazi groups are not completely absent and in line with current upsurge in xenophobic attitudes and hostility towards the Roma, Sinti and Traveller populations and Rumanians, athletes and players identified as being of any one of these origins have come under severe stigmatisation during football matches.

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Source:

RAXEN Italy, ‘Preventing racism, xenophobia and related intolerance in sport across the European Union’ COSPE by Udo C. Enwereuzor and L. Di Pasquale March 2009 - http://www.cirdi.org/wp/wp-content/uploads/2011/01/ITRacism-in-Sports.pdf

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Yes.

Qualitative Info

With specific respect to phenomena of discrimination and violence on racial grounds during sports events, and in particular football matches, a relevant co-ordination has been promoted also by UNAR (Ufficio Nazionale Antidiscriminazioni Razziali) with National Federation on Football to increase awareness-raising on racist behaviours among sport societies and football team supporters and to suggest adequate measures against discrimination among both the general public and football players themselves. An ad hoc Working Group has been created, composed by all the concerned institutions, to verify or to adopt directives and regulations relating to combat racist violence in stadiums and to raise the awareness of football teams supporters in preventing this phenomenon. UNAR has supported some initiatives aiming at spreading legislative measures and sanctions for those ones who have racist behaviours (for example the duty of sport societies to alert the public before the game starts about eventual sanctions for slogans or banners of racist nature, or to give this message on the tickets) and at financing projects for the prevention of racist episodes.

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Source:

http://hudoc.ecri.coe.int/XMLEcri/ENGLISH/Cycle_03/03_CbC_eng/ITA-CbC-III-2006-19-ENG.pdf

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