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Is the judiciary reported to be adequately and effectively combating racist violence/hate crime?

Code:
RED28
Key Area:
Anti-racist Crime Legislation & Implementation
Strand(s):
Racism
03/02/2012 - 19:39
Short Answer

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

Groups affected/interested Migrants, Ethnic minorities
Type (R/D) Extremism - organised Racist Violence, Anti-migrant/xenophobia, Anti-semitism
Key socio-economic / Institutional Areas Anti-discrimination, Anti-racism
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Situation(s)
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