| For a summary of Italy’s review at the first cycle please click here. |
20th UPR session
Date of review: 27 October 2014
Date of report adoption: 10 December 2014
Document number: A/HRC/28/4
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SUMMARY SOGIESC issues during Italy’s 2nd UPR review |
I. SOGIESC issues/recommendations identified by NGOs
Institutional and human rights infrastructure and policy measures
12. […] The Joint Submission 2 (JS2) stated that the mandate of UNAR had been extended to deal with the elimination of discrimination on grounds of sexual orientation and gender identity, however, this was not included in legislation.
Equality and non-discrimination
25. ICAAD and JS4 stated that discriminatory attitudes with respect to sexual orientation and gender identity were prevalent. ICAAD indicated that these attitudes inhibited the access of lesbian, gay, bisexual and transsexual (LGBT) persons to equal employment and led to bias-motivated crimes. Furthermore, same-sex couples were not provided with legal recognition. The absence of a prohibition on discrimination based on sexual orientation or gender identity in the Constitution perpetuated these problems. JS2 raised similar concerns.
26. ICAAD noted that public awareness campaigns launched by the Government did not include information to address transphobia and did not combat discriminatory attitudes against the entire LGBT population.
27. ICAAD indicated that the protection of the LGBT community was gravely impeded by provisions in Italy’s Criminal Code. Prohibitions on hate speech did not cover homophobia. According to JS9, the Government and Parliament had fiercely opposed the approval of a rule against acts of discrimination against LGBT persons. AI, the European Union Agency for Fundamental Rights (EU-FRA), and JS2 raised similar concerns.
II. Excerpts on SOGIESC issues from the national report
Recommendation 16
31. The National Office against Discrimination (UNAR) has been strengthened and its role expanded. Since 2013 it is responsible for the protection against all forms of discrimination, whether by race, ethnic origin, religion, personal opinions, disability, age, sexual orientation or gender identity. UNAR is engaged in contrasting racism, promoting the integration of Roma, Sinti and Travellers and of the most vulnerable social groups (such as the elderly and the disabled), and in fighting homophobia and transphobia, with particular attention to multiple discrimination.
53. In 2012 Italy joined the CoE programme “Combating discrimination on the grounds of sexual orientation and gender identity”, with UNAR acting as the national focal point and tasked with the development the LGBT National Strategy adopted in 2013 (see Section V).
54. In 2013 the UNAR contact center recorded 114 cases of discrimination based on sexual orientation and gender identity (10% of the total), of which 102 of direct discrimination and 12 of indirect discrimination. One third of the reports came from victims or witnesses and 10% from organizations. Most of the investigations (60%) were initiated by UNAR through media monitoring. The reports were mainly recorded in: public life (44, of which 22 cases of assault), mass media (37, 25 cases on Facebook and blogs), school (12).
91. The LGBT National Strategy was officially adopted by Ministerial Decree in 2013, having UNAR as national focal point. LGBT associations, national, regional and local authorities, social actors and other relevant stakeholders were involved in elaborating the National Strategy. Four main areas of intervention were identified: education and training; employment; security and prisons; media and communication. For each area goals were specified to promote equality and combat discrimination against LGBT persons. The 2011 ISTAT Survey on “Discriminations based on gender, sexual orientation and ethnic origin” is linked to the National Strategy: it helped monitor and evaluate quantitatively discriminatory conducts against several categories of victims (women, migrants, homosexuals and transsexuals) and enabled a first estimate of homosexual population in Italy. On 16 May 2014, the Ministry of Foreign Affairs and UNAR, with the support of FRA and UN, organized a Conference in Rome on the Status of LGBTI people.
100. The drafting of the National Report is the result of a wide consultative process which has highlighted the following priority action areas: discrimination based on race, gender, age, ethnicity, sexual orientation, faith and language.
III. Excerpts on SOGIESC issues by UN agencies
No references.
IV. References to SOGIESC issues during the Working Group review
21. The Italian Government was also committed to gender equality and to preventing and eliminating discrimination based directly or indirectly on sex, racial or ethnic origin, religion or belief, age or gender identity.
23. Concerning the promotion of the rights of lesbian, gay, bisexual and transgender (LGBT) persons, the LGBT National Strategy 2013–2015 had been adopted. The four main areas of intervention were education and training; employment; security and prisons; media and communication. Each area included goals to promote equality and combat discrimination against LGBT persons.
134. Canada requested an update on improved protection against all forms of discrimination. Canada was concerned about the social inclusion of women and lesbian, gay, bisexual, transgender and intersex (LGBTI) persons and urged continued action to prevent violent acts against women and girls.
V. Conclusions and/or recommendations
Italy accepted the following recommendations:
145.94 Allocate the necessary resources to the fight against discrimination on the basis of gender and sexual orientation, so as to accelerate progress on this matter (Spain);
145.95 Accelerate and strengthen legislative and educational actions to combat discrimination in all its forms, particularly discrimination on the basis of sex and sexual orientation (Canada);
145.96 Include sexual orientation as grounds for protection against hate speech (Canada);
145.97 Take concrete steps to adopt the legislation necessary to follow up to Prime Minister Renzi’s announcement to work on the recognition of same-sex relationships in Italy, as part of Italy’s efforts to further strengthen measures to combat discrimination and violence based on sexual orientation and gender identity (Netherlands);
145.98 Ensure the equal rights of lesbian, gay, bisexual and transgender (LGBT) people by legally recognizing same-sex marriage and civil partnerships (United Kingdom of Great Britain and Northern Ireland).
VI. Further information
You will find all documents relating to Italy’s second review at UPR-Info and OHCHR’s websites.