Committee on the Elimination of Discrimination against Women considers the report of Italy

Committee on Elimination of Discrimination 
against Women 

4 July 2017

The Committee on the Elimination of Discrimination against Women today considered the seventh periodic report of Italy on its implementation of the provisions of the Convention on the Elimination of All Forms of Discrimination against Women.

Maurizio Enrico Serra, Permanent Representative of Italy to the United Nations Office at Geneva, said at the outset that the main goal of the Government of Italy was to ensure the same opportunities for women and men and to combat all forms of gender-based discrimination in the country.

Introducing the report, Fabrizio Petri, President of Italy’s Inter-Ministerial Committee for Human Rights, explained that the law on the national human rights institution was currently being discussed in the Senate, and that the new national plan against gender-based violence would be adopted this summer; it would be fully in line with the main national and international standards, including the Istanbul Convention and the G7 Roadmap for a Gender-Responsive Economic Environment.  Roma women were particularly disadvantaged, said Mr. Petri and reiterated Italy’s firm commitment to their integration, including through the recently launched National Roma Platform in which Roma and Sinti communities were represented.  Massive efforts to save human beings were being employed in the context of the dramatic situation in the Mediterranean sea; the system of protection of asylum-seekers and refugees had been put in place and a Special Unit for the Reception of Foreign Unaccompanied Minors had been established in 2014.

Committee Experts noted that austerity measures had hit women disproportionately and asked whether Italy planned to revise those measures and reinstate proper financing to welfare, social, health and educational services mostly used by women for themselves and other persons they cared for.  Experts commended the humanity and courageous efforts of Italian people to rescue tens of thousands of people at sea, and provide them with shelter, services and support, and expressed concern about insufficient conditions in migrant reception centres and a planned ban for non-governmental organizations’ rescue vessels to land in Italian ports.  Experts also raised the questions of the deficit in the implementation of anti-discrimination laws, particularly in the area of racial and sex and gender-based discrimination; multiple and intersecting forms of discrimination against Roma and Sinti women; regional disparities in the realization of women’s rights; the lack of a mechanism to analyse the gender impact of arms transfers and ensure that its arms were not being used for gender-based violence; and the inadequate analysis of the structural nature of stereotypes and gender-based violence which meant they were not adequately addressed.

In his concluding remarks, Mr. Petri said that Italy would use the review by the Committee and its recommendations to improve and to try to implement the provisions of the Convention in the best way that Italy could.

The delegation of Italy included representatives of the Inter-Ministerial Committee for Human Rights, Department for Equal Opportunities of the Presidency of the Council of Ministers, Department for Family Policies of the Presidency of the Council of Ministers, Ministry of Foreign Affairs and International Cooperation, Ministry of Interior, Ministry of Justice, Ministry of Labour and Social Policies, Ministry of Education, University and Research, Ministry of Health, ISTAT, National Authority on Communication and the Permanent Mission of Italy to the United Nations Office at Geneva.

The Committee will reconvene in public on Wednesday, 5 July, at 10 a.m. to consider the combined sixth and seventh periodic reports of Thailand (CEDAW/C/THA/6-7).

Report

The seventh periodic report of Italy can be read here: CEDAW/C/ITA/7.

Presentation of the Report

MAURIZIO ENRICO SERRA, Permanent Representative of Italy to the United Nations Office at Geneva, introduced the delegation and said that the main goal of the Government of Italy was to ensure the same opportunities for women and men and to combat all forms of gender-based discrimination in the country.

FABRIZIO PETRI, President of Italy’s Inter-Ministerial Committee for Human Rights, introducing the report, explained that the Inter-Ministerial Committee for Human Rights, which carried out many functions in the absence of a national human rights institution, had been reinforced since January 2017 with a person dedicated to liaising with civil society organizations.  In May 2017, the legislation on smart working and the act against cyber bullying had entered into force.  Turning to the establishment of a national human rights institution, Mr. Petri explained that cooperation had been developed with a number of non-governmental organizations on this issue and that a law was being discussed in the Senate, where a consensus had already been reached and it was expected that the law would soon be approved by the Senate.  With regard to gender-based discrimination, Italy had amended the Equal Opportunities Code, and its articles 12 to 20 were devoted to the equality councillors who received complaints of discrimination at the workplace.  In July 2015, the Extraordinary National Action Plan against Sexual and Gender-Based Violence had been adopted and a National Observatory on Violence had been set up, made up of three working groups, on legislation, protection paths and a strategic framework.  The new national action plan against gender-based violence was being developed and was expected to be adopted this summer; it would be fully in line with the main national and international standards, including the Istanbul Convention and the G7 Roadmap for a Gender-Responsive Economic Environment. 

In December 2016, Italy had adopted the third National Action Plan on Women, Peace and Security, which contained seven objectives and 44 actions, and reflected the key role to be played by civil society organizations and the specific focus on development cooperation and defence.  With regard to the participation of women in top decision-making positions, the head of the delegation said that it was an ongoing process; 29 women were members of the European Parliament and 30 per cent of the parliament were women, which was above the European Union average.  Roma women were particularly disadvantaged and Italy remained firmly committed to addressing their integration and had recently launched the National Roma Platform with representatives of Roma and Sinti communities.  Mr. Petri stressed the massive effort of Italy to save human beings in the context of the dramatic situation in the Mediterranean sea, and called the attention of the Committee to the SPRAR system (system of protection of asylum-seekers and refugees) across the country, aimed at taking care of asylum seekers, including women.  A special unit for the reception of foreign unaccompanied minors had been established in 2014 to coordinate the setting up of a dedicated comprehensive reception system.  Last January, the decree implementing the 2016 legislation on civil unions for same sex couples had been adopted, and it represented an important step toward the fight against discrimination and the protection of the rights of lesbian, gay, bisexual, transgender and intersex persons.  Italy had also adopted the decree on gender budgeting, and established the compulsory paternity leave; the Department for Equal Opportunities had been promoting the 2010 agreement on reconciliation between work and private life, and had supported 65 regional projects involving over 27,000 women, while under the European Social Fund actions to support Sicily, Puglia, Calabria and Campania regions in this regard were being elaborated.

Questions from the Experts
 
A Committee Expert noted the disproportionate impact of austerity measures on the situation of women and asked about measures taken to mitigate those negative impacts.  She commended the courageous efforts of Italy to rescue tens of thousands of people at sea, and provide them with shelter, services and support; expressed respect for and appreciation of the humanity of Italy; and recognized the insufficient support by the European Union in this domain.  Still, there were concerns about insufficient conditions in migrant reception centres and about a possible ban for non-governmental organizations’ rescue vessels to land on Italian shores.

A number of anti-discrimination laws were in place but there was implementation deficit, particularly in the area of combatting racial discrimination and gender-based discrimination, including discrimination on the basis of sexual orientation and gender identity.  It seemed that the Convention on the Elimination of Discrimination against Women was not sufficiently known by women and authorities.  What was being done to expand the fight against gender-based discrimination and ensure the equal implementation of laws and policies in the regions?  What measures would be taken to expand the definition and grounds of discrimination in the law?

Was legal aid sufficient, adequate and swift for women suffering various forms of discrimination and was it also available to women going through tough divorce proceedings, even if they did not involve violence?

What measures were being taken to ensure that Roma and Sinti women did not suffer multiple and intersecting forms of discrimination and were treated equally by the judicial and police officers, as well as by social and health workers?

Responses by the Delegation

The delegation recognized the importance of gender budgeting and said that since 2000, many experiments had been conducted from which much had been learned, and they had been followed by the adoption of the decree on gender budgeting in State budgets in June 2017.  All State budgets would be reclassified in terms of their gender impact, and a common work system for all agencies would be put in place within a year.  The coordination would be done by the Inter-Ministerial Committee for Human Rights, and the first progress report was expected in September 2017.

Since 2013, Italy had financed a number of courses in several regions to ensure multicultural training in the provision of health services to migrants and refugees, and special attention had been given to the development of appropriate guidelines for the health treatment of migrants, including victims of torture, women and children.  All the population of Italy had access to universal health system, which carried an annual budget of € 111 billion in 2017 and would be increased to € 113 next year.

Italy was doing its best to show solidarity with migrants, but it was not easy to identify trafficking victims among the migrants, and that was why a new mechanism to identify victims had been put in place, while a project was being developed by the authorities to create centres for victims of trafficking.  Italy was also significantly contributing to the preparations to establish a Global Compact on Migration within the United Nations framework, as the migration problem could not be solved by one country alone but required the cooperation of countries of origin, transit and destination.

Explaining the constitutional anti-discrimination rule, the delegate said that the entire sector of discrimination was covered and it was thus largely interpreted by judges.  Based on this rule, a number of laws had been declared unconstitutional as they did not guarantee full equality.

In their follow-up questions, Committee Experts asked the delegation to explain how gender budgeting worked at regional levels and what system was in place to ensure that the decisions made at the State level were adequately implemented at the level of regions and that regional disparities in the realization of women’s rights were overcome.  With regard to extraterritorial obligations, Italy had ratified the Arms Trade Treaty, but contrary to the provisions of that Treaty and the provisions of the European Union Code of Conduct on Arms Exports, it had not yet established a mechanism to analyse the gender impact of its arms transfers and ensure that its arms were not being used for gender-based violence.

The delegation was asked whether Italy would be able to consolidate the work of civil society organizations and United Nations agencies with regard to migrants and asylum seekers, about the legal mechanisms being developed to draw the distinction between categories of refugees and victims of trafficking, and about policy initiatives to address the migratory flows at the source.  What specific mechanisms would be set up to ensure national and universal participation to achieve the goals of the 2030 Agenda for Sustainable Development?

Responding, the delegation said that Italy was one of the few countries which had created a very important mechanism for cooperation with civil society, the so-called Cartello, which was pushing for the implementation of the Sustainable Development Goals and was advocating for voluntary revision in light of the 2030 Agenda.

With regard to regionalization, the delegation explained that the State did not have the power to impose policies on regions and added that several regions had already adopted gender budgeting on their own accord.  The regions had their own role to play, but there was no one size fits all system: each region monitored its own activities following its own rules and regulations.  With regard to funding for the shelters, a monitoring system was in place to ensure that the central indications by the State were respected.  The funding that the Ministry of Health provided to the regions was being monitored and there were various tools to fight against regional inequalities, including some which carried legal sanctions. 

The authorisation for arms sales was issued on a case-by-case basis and the process was very rigorous.  A law had been adopted to harmonize the legislation with international obligations.  The bulk of arms transfers went to non-North Atlantic Treaty Organization countries, and Italy was in constant communication with other European Union countries to align procedures.

The Constitution reaffirmed the equality of all citizens regardless of sex.

Questions from the Experts
 
With regard to the national gender machinery, a Committee Expert commended the efforts of Italy to strengthen and expand its national machinery and took note of the impressive number of laws and decrees adopted over the past two years.  What had been the impact of those laws and decrees?  The Department of Equality was the key part of the national gender machinery, but there seemed to be a gap in putting a systematic and integrated machinery in place, and gender mainstreaming was not adequately taken into consideration in the passing of laws, policies and budgets.  For example, there was no special consideration being given to single mothers and single parent families that were most at risk. 

What was being done to ensure that the family law did not contravene the provisions of the Convention and what was the system in place to ensure cooperation between the Department of Equality and the Department for Family Policies?

There was no systematic and institutional collaboration between the State and civil society organizations – what was being done to strengthen the involvement of civil society at all levels?

Responses by the Delegation

Responding to questions raised on cooperation with civil society, the delegation said that it was aware that more needed to be done to put in place a more consistent approach to a dialogue and cooperation with civil society organizations.  A big effort had already been made to develop cooperation with civil society on the matters of the National Action Plan on Women, Peace and Security, where an open working group had been set up which would meet three times a year.

In terms of the coordination mechanisms, the delegate explained that the working method of the Government was to be systematic, through meetings and seminars with other departments and a continued dialogue with civil society.  It was not possible to have a dialogue with everyone, so dialogue was established with representatives of  organizations and those representing interest groups, for example in the areas of trafficking or violence, where the cooperation was established with associations.

The Ministry of Family had a special observatory dedicated to the family that involved central and regional authorities and civil society organizations.  The third national conference on the family would bring together various segments of the Government and the society, to assess measures taken to date in favour of families, and would define future policies for the next two years, for children, women and the elderly.

Committee Experts then asked a number of follow-up questions, noting that arms exports had an impact on gender-based violence in recipient countries but this had not been reflected in the National Action Plan on Women, Peace and Security.  What was the plan to involve vulnerable groups such as migrants, asylum-seekers, Roma and Sinti, and others in the drafting of indicators for the local-level implementation of the 2030 Agenda?  Which role did Italy play in controlling arms smuggling?  Could the delegation explain why, after all this time, Italy still did not have a national law which dealt with and protected women’s rights and gender equality, and was a domestic counterpart of the Convention?  In a similar vein, why was Italy taking this long to establish a national human rights institution?

Responding, the delegation said that Italy had ratified the Convention on the Elimination of All Forms of Discrimination against Women which meant that the legal system already contained its provisions.  The domestic legal system was very complex and it could not address specific situations of specific persons, but was based on the principle of equality.  Italy was planning to add to its core document a specific page which would explain entry into force of international treaties, and this would allow Committee Experts to better understand the legal order in the country.  The Code of Equal Opportunities was a State law, it was a single text which included all sectorial provisions which referred to women’s lives.  In its article 1 for example, it banned discrimination of any kind between women and men.  Italy also had a global anti-discrimination law, which also banned discrimination; it was being constantly updated, and was a point of reference in all matters of equality and non-discrimination. 

Questions from the Experts
 
On temporary special measures, a Committee Expert noted that Italy practiced their broad implementation in many fields, including in the political participation of women, and their participation in decision-making bodies, including in boards of companies.  The law on public financing for political parties provided funding for initiatives to ensure gender balance. 

What plans were in place to promote the positive transformation of unequal gender relations and apply temporary special measures in the fields where major discrimination against women remained?  Would it extend the application of temporary special measures on disadvantaged groups of women, including women with disabilities, Roma and Sinti, and in particular support the economic and social integration of migrant and refugee women?

Responses by the Delegation

The delegation explained that Italy gave high attention to political representation and participation of women.  For example, law N° 7 had set the 40 per cent quota on the participation of women in the elected bodies in municipalities with 3,000 or more inhabitants.  The authorities monitored the implementation of temporary special measures adopted to promote the participation of women in boards of companies.

The Anti-Discrimination Office paid due attention to the situation of lesbian, gay, bisexual, transgender and intersex persons; some of the activities it implemented included the support for start-ups to facilitate economic and social integration.

In follow-up questions, the Experts asked which temporary special measures would be adopted for the next elections for the European Parliament.  The delegation said that it would send a written reply as it did not have the information at the moment, and recalled that the quota of women in the European Parliament had been increased from 20 to 40 per cent between 2009 and 2016.

Questions from the Experts
 
A Committee Expert noted that a lot had been done in Italy, but there was a question whether the structural nature of stereotypes and gender-based violence was properly analysed, understood and addressed.  The obligations of the State to modify and eliminate stereotypes must be a priority.

What were the intentions concerning the prohibition of the use of stereotypes and violence against women in the media and advertising?  How did Italy make sure that reproductive health education, which put an emphasis on fertility, did not further strengthen the stereotype of women as a mother and prioritize motherhood above everything else?  What percentage of professionals in different lines of work – social, health and judiciary - had been trained on gender issues?

The delegation was asked to inform about shelters for victims of violence, who were the clients, whether they included migrants and refugees, the support provided to victims, and also the number of migrants and refugees accepted on the grounds of gender-based violence and discrimination.

Another Expert noted that experience had shown the crucial importance of a possibility for a woman who was a victim of violence to either press charges or request restraining orders and other protection orders.  The system in Italy preferred the criminal path, so what was being done to ensure that women victims of domestic violence were informed of all the options they had.  The Committee was concerned about the increasing use of alternative dispute resolution mechanisms, even in cases involving domestic violence and gender-based violence.  Would Italy clearly legislate against this practice and prohibit the use of alternative dispute resolutions in cases involving violence?

Responses by the Delegation

The delegation said that there were 501 anti-violence centres funded by the State to the tune of about € 10 million.  Those were spread throughout the country, and there was clearly a need to increase their number in the southern regions.  The centres had been put in place for victims of violence, and the State funded regions for psychological support and cultural mediation.  There was a need to map the initiatives to fight violence in the regions.

Fighting stereotypes was essential, agreed the delegation, particularly through education in schools, and repression of sexist advertisement.  The National Agency for Communication was in charge to ensure that all human dignity of all individuals was preserved, and that they were protected from discrimination, hatred or incitement to violence, in broadcasts, advertisements and entertainment programmes.

The Ministry of Health had launched in 2015 the National Fertility Day to promote fair representation and fair information for women to make an informed decision.  The aim was also to raise awareness about the issue.  The campaign had been unfairly received and interpreted even through it was equally addressed to both women and men.

In October 2016, a teacher training programme had been launched which contained several topics, including recognition of diversity as a richness, prevention of cyberbullying, prevention of violence in school, and the obligation to teach boys and girls that they were all equal before the law.  The aim of the training was to foster equality.  As for the training of magistrates, that focused not only on the Convention on the Elimination of All Forms of Discrimination against Women, but on a whole variety of topics dealing with equality and discrimination.  The courses were organized in the judicial training facility in Florence in which some 800 magistrates were trained annually.  There were also courses on psychology of judging to foster greater impartiality and address unconscious bias by judges.

Committee Experts took the floor to ask follow-up questions, and inquired about data and reporting on femicide, the number of cases prosecuted, sentenced or dismissed and whether there were any regional differences in the data.  How did Italy reconcile the fact that the National Fertility Day urged people to have more children with the fact that Italy was no longer a child-friendly place where women with children faced serious structural obstacles?  How did Italy ensure that measures to promote and strengthen the family did not negatively impact women’s human rights?

The delegation said that the National Institute for Statistics had just issued the data on femicide, which had shown that more than 90 per cent of the perpetrators were condemned.  Legal aid was available for any kind of procedure, and it was possible for a woman to request a restraining order against the perpetrator of violence. 

With regard to measures to protect the family nucleus, the delegation said that they always took into account the needs of women and men, and aimed to equally divide family obligations between women and men.  The jobs act of 2015 had introduced a possibility for women to take leave of absence to raise children until they reached the age of 12, and compulsory paternity leave of five days had been introduced.

The national plan for fertility tried to put in place health and education policies to protect fertility and improve the knowledge of citizens on preserving their fertility in the face of diseases, tobacco and other risks.

Questions from the Experts

Human trafficking was not a new phenomenon in Italy, noted a Committee Expert, but stressed the increased complexity of the issue in the context of large migratory flows.  Italy’s commitment to combatting human trafficking was remarkable, but there were a number of gaps in the form of victim identification and criminalization, lack of support programmes and others.  The first national action plan had been adopted, which was commendable, but it was not clear whether it was sufficiently resourced and funded.

Was there a systematic mechanism to include gender considerations in all anti-trafficking actions and what was being done to enlarge the focus on trafficking for purposes of sexual exploitation to all other forms of trafficking, including for labour exploitation? 

The delegation was asked to explain the victim identification procedures in place, particularly those designed to identify women and child victims.  Would Italy appoint a national anti-trafficking coordinator for purposes of coordination of protection efforts in the regions and by all actors, including civil society organizations?  Had Italy taken steps to implement the recommendation by the Special Rapporteur on trafficking in persons to remove from the law the provisions establishing criminal responsibility for acts committed by victims of trafficking while being trafficked?

Replies by the Delegation

Responding to the questions and comments made by the Committee Experts, the delegation said that each administration reinforced its commitment to anti-trafficking efforts with their own funds, and that was why there was no central fund for the implementation of the national anti-trafficking and anti-exploitation plan of action.  The Italian system of victim protection was mainly aimed at women victims, but also men victims of trafficking were protected.  There was a referral mechanism which accompanied the various agencies through the identification process. 

Italy had recently agreed with the Organization for Security and Cooperation in Europe Guidelines and the International Organization for Migration to set up a victim identification mechanism.  A national help line was in place which supported victim identification efforts. There were 1,500 minors who were receiving protection, and some of those were victims of trafficking.  There was no anti-trafficking coordinator, but the coordination of efforts and activities was being done by the Department of Equal Opportunities.

Resident permits for victims of human trafficking were at the core of the humanitarian approach that Italy applied in dealing with victims of trafficking.  Over the past several years, some 25,000 victims of trafficking had been identified, and more than half used humanitarian resident permits.

The delegation explained, on the situation of women sexually exploited in Ragusa, that they were not Roma women but women who were Romanian citizens.  The problem was well known by the Government and resources dedicated to support the victims of sexual and labour exploitation had been doubled.  Prostitution was not a crime in Italy, but pimping was.  Civil society organizations were pushing for the adoption of measures to punish those who purchased sex, but Italy did not consider this an effective measure.

Questions from the Experts
 
With regard to the participation of women in political and public life, Committee Experts asked about strategies in place to increase the participation of women in elected posts, particularly in Parliament, municipal councils, the Government and in diplomatic services.  How would the implementation of those strategies be monitored?

Experts also took note about disrespectful language in the media and sexist attacks on women in politics and female magistrates – what measures were being taken to address this problem?

How was Italy increasing the representation of women in regional parliaments and ensuring gender balance in regional institutions?

Responses by the Delegation

With regard to the participation of women in the judiciary, the delegation said that according to the 2017 figures, women made up 52 per cent of the magistrates and 73 per cent of ordinary magistrates-in-training.  High-level officers could also be nominated by the Government and the number of women holding higher judiciary positions was on the increase.  A draft bill focused on achieving gender balance within the judicial system and in particular within the Superior Council of Magistrates was currently being discussed.  The Constitution stated that one-third of the Superior Council must be elected by the magistrates themselves.

The law on the participation of women in the boards of publicly owned companies was a positive step, and it carried an implementation table which would ensure that by 2022, 33 per cent of the board members would be women.

Asked about the upcoming reform of the Electoral Law and whether it would ensure equal participation of women in the electoral lists for both chambers of parliament, the delegation explained that the Constitution was very clear in guaranteeing equal rights of all citizens to participate in the political and public life.  Progress was being made in the participation of women in the public administration and the judiciary, where a huge cultural change was underway.

Questions from the Experts
 
In the next round of questions, a Committee Expert commended Italy for its egalitarian approach to nationality and asked whether Italy had implemented the recommendations made by the Committee on the Rights of the Child to ensure by law the obligation of birth registration of all children born and living in Italy, regardless of whether the parents could or not show a residence permit.

The national framework for the identification of stateless persons had some cultural gaps, as status determination procedures were impeded by restrictive access criteria to the procedures, as procedures were lengthy and costly.  Italy recognized about 700 stateless persons, while non-governmental organizations estimated that some 4,000 to 15,000 persons were stateless.  The nationality law applied only to children whose parents were officially recognized as stateless while all other children remained stateless.

Responses by the Delegation

In response to the issues raised by the Experts, the delegation explained that 99 per cent of births happened in hospitals, and new-borns were released from the hospital after the declaration of birth.  Minors were entitled to full social assistance, including national health services, regardless of their nationality, and regardless of the residency status of their parents.

Statelessness in Italy was linked to the situation of Roma, said the delegation, adding that judicial and administrative procedures for the recognition of statelessness were in place.

Questions from the Experts
 
A Committee Expert took note of a plethora of pilot projects and initiatives to ensure gender balance in schools, curricula and textbooks, and asked the delegation to inform about the implementation of those projects, and how they were measured and monitored, particularly the project for the inclusion of Roma, Sinti and Caminanti communities.

Few measures had been adopted to address vertical and occupational gender segregation in studies and consequently in occupations, with women hugely under-represented in science, technology, engineering and maths fields of education and careers.  What measures were being taken to address the issue?  

Responses by the Delegation

The so-called “Good Schools Law” introduced equality of opportunities in schools and there had been a public call of interest addressed to various associations to submit their projects to be implemented in schools. 

There were 13 cities which had joined the experimental programme to facilitate access to schools for Roma children, supported by the National Fund for Social Policies and the European Social Fund. To date, 400 children had joined schools and there were plans for another 500 to join next year.

The Department for Equal Opportunities had put in place two projects for the advancement of careers of women in scientific careers worth over € 10 million.  One of the reasons for which women did not choose to study science was culture, and efforts were being taken to promote the interests of girls in science, technology, engineering and mathematics subjects, for example, € 2 million had been allocated to fund summer science camps for girls in which 200 schools had participated.

Questions from the Experts
 
Committee Experts expressed concern about the economic situation of women in Italy, their low level of employment, the lack of employment opportunities, and the gender pay gap and gender pension gap, particularly in the south of the country where more than 32 per cent of women were unemployed. 

What was being done to ensure that women received equal pay for equal work?

Deficiencies in the public welfare system led many in Italy to resort to migrant workers for domestic and care work, often in precarious conditions.  What was being done to address this issue?  Would Italy ratify the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families?

The delegation was also asked to explain how Italy ensured legal access to abortion to all women in Italy who needed it.

Responses by the Delegation

Responding, the delegation explained the new law on reconciliation of family and work life which introduced compulsory parental leave and said that an awareness campaign was being put in place to entice new fathers to take advantage of the new law.  The law had also introduced other benefits for parents, such as a one off new-born payment.  Italy was undertaking huge efforts to change child-care services, especially in the south of the country, and over the next few years, more than 10,000 new places in local kindergartens would be available.

The new jobs act and the new provisions to fight discrimination at work offered greater protection to women during the resignation process, and also greater protection during pregnancy and the first three years of the life of the child.

The number of abortions carried out corresponded to the number of requests for abortions.  Voluntary terminations of pregnancy involved an interview with a medical doctor, following which, if the woman decided to carry out the termination, a certificate was drawn up and the medical intervention would take place a week later.  According to data, 92 per cent of terminations occurred in regions where women lived, and more than 70 per cent in the city where they lived, so women were able to rely on their local hospitals for voluntary terminations of pregnancy.

Questions from the Experts
 
Gender inequality in work and in the family translated also into inequality in accessing social services, including welfare, particularly in the context of austerity-driven cuts to social services budgets at the municipal levels.  This had particularly affected women with children, and women who cared for other members of the family. 

What was being done to support women engaged in non-remunerated care work and to support early childhood?  Compulsory parental leave was a commendable initiative, but at five days it remained largely symbolic; optional parental leave carried with it a 30 per cent salary decrease which served as a deterrent to more fathers taking that option.

What were the outstanding challenges in ensuring social inclusion and reducing poverty of rural women, and ensuring their full access to land and property?  What support was being provided to women caring for persons with disabilities, and what access to services did persons with disabilities have, and also access to employment?

Responses by the Delegation

The delegation said that a national fund was in place to complement various regional funds in providing support to non-self-sufficient persons, such as persons with disabilities.  Last year, a new fund had been set up to provide support to persons with serious disabilities without parents or primary caretakers.  Special measures were in place to support children with chronic diseases who could not attend regular crèches.     

The Bangkok Rules (the United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders) had been disseminated in all penitentiary facilities and were well known by all detainees.  Precautionary measures could not be applied to women who had children under the age of six, except in extraordinary circumstances.  There were some institutes where female detainees could be housed with their children.

Questions from the Experts
 
A Committee Expert commended Italy for legal reforms which had reduced the lengthy divorce proceedings and raised concern about the confusion, including among the judiciary, between physical and legal custody, and the ignoring of harmful consequences of shared physical custody, particularly of small children. 

The Expert asked whether any studies had been conducted into the phenomenon of shared physical custody, if the usage of the parental alienation syndrome theory in divorce proceedings and child custody cases would be prohibited, and how custody was awarded in cases where domestic violence or violence against women were involved.     

Responses by the Delegation

The delegation said the Government had already clarified the point concerning parental alienation syndrome and it was not included in any guidelines.  The Superior Institute for Health had declared that such a syndrome was indeed a controversial one, while the Court of Cassation in its judgement had stated that there was no legal recognition of the syndrome.  A law had been adopted to guarantee that working women and women who cared for others in the family had the equal right to the common assets.

Concluding Remarks

FABRIZIO PETRI, President of Italy’s Inter-Ministerial Committee for Human Rights, in his concluding remarks said that Italy would use the review by the Committee and its recommendations to improve and to try to implement the provisions of the Convention in the best way that Italy could.

DALIA LEINARTE, Committee Chairperson, commended Italy for its efforts and encouraged it to address various recommendations which the Committee would issue with the purpose of more comprehensive implementation of the Convention throughout the State party.

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