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Italy

For a summary of Italy’s review at the second cycle please click here.

7th UPR session
Date of review: 9 February 2010
Date of report adoption: 18 March 2010
Document number: A/HRC/14/4

SUMMARY

SOGIESC issues during Italy’s 1st UPR review
Civil society submissions: ✓ (1 submission)
National report: ✘
UN information: ✘
Working group discussions: ✓
Recommendations: ✓ (4 accepted)

I. SOGIESC issues/recommendations identified by NGOs
Equality and non-discrimination

19. As indicated by the European Region of the International Lesbian and Gay Federation, in a joint submission with Arcilesbica, Arcigay, Crisalide Azione Trans, International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA Europe and others), legal protection for lesbian, gay and bisexual persons in Italy exists only in the areas of employment and persecution based on sexual orientation is considered as grounds for asylum. ILGA Europe and others recommended that Italy ensure that the outputs of media is pluralistic and non-discriminatory in respect of issues of sexual orientation and gender identity and that speech motivated by homophobia and phobia against transsexuals does not remain unpunished.

Right to life, liberty and security of the person

28. ILGA Europe and others reported on an increase over the past three years in the number of attacks against lesbian, gay and transgender persons, or those who were perceived as having a different sexual orientation or gender identity. It recommended that Italy impose appropriate criminal penalties for such violence, take the necessary measures to prevent it, and ensure that these cases are investigated.

Right to privacy, marriage and family life

34. ILGA Europe and others stated that the Italian legal system did not recognize same-sex marriage or any other form of same-sex partnership, which resulted in discrimination in a number of areas, such as family reunification. In addition, ILGA Europe and others recommended that Italy take all necessary legislative, administrative and other measures to respectfully and legally recognize each person’s self-defined gender identity.

II. Excerpts on SOGIESC issues from the national report
No references.

III. Excerpts on SOGIESC issues by UN agencies
No references.

IV. References to SOGIESC issues during the Working Group review
16. The Government expressed its commitment to gender equality, the human rights of the individual, prevention and removal of discrimination for reasons directly or indirectly based on sex, racial or ethnic origin, religion or belief, age or sexual orientation. Following recent incidents of homophobia, the first national awareness-raising campaign was launched. In this framework, Italy mentioned the Project “Diversity is a value” run by a group of relevant non-governmental organizations. The National Office against Racism has also commissioned Lenford Network, an advocacy organization, to carry out a study. The study will focus on, inter alia, preventing homophobic bullying in schools, combating multiple forms of discrimination, counselling for the families concerned and the promotion of local networks. Along these lines, the Department for Equal Opportunities has commissioned the National Institute of Statistics to carry out the first national multipurpose survey on homophobia by 2011.

38. Norway noted worrying trends of racist violence and rising intolerance towards lesbian, gay, bisexual and transgender people, but expressed appreciation for the campaign against homophobia.

V. Conclusions and/or recommendations
Italy accepted the following recommendations:

84.36a To strengthen measures to prohibit discrimination based on sexual orientation and gender identity and combat hate crimes on these grounds (Netherlands);

84.36b To undertake further campaigns against homophobia (Norway);

84.36c To ensure adequate protection of LGBT people, not only through police forces on the streets, but legally via anti-discrimination law (Norway);

84.36d To give special attention to cases of possible discrimination for reason of sexual identity or orientation, and ensure that cases of violence against such persons are appropriately investigated and prosecuted (Spain).

VI. Further information
You will find all documents relating to Italy’s first review at UPR-Info and OHCHR’s websites.