Italian Yearbook of Human Rights 2012 (Human Right Studies)

Description

The Italian Yearbook of Human Rights 2012 confirms and consolidates the structure and aims already set forth in the 2011 edition. Year by year, this series examines the steps that Italy has made to adapt its legislation and policies to international human rights law and to comply with commitments voluntarily assumed by the Italian Government at the international level. The 2012 issue surveys the activities of the relevant national and local Italian actors, including governmental bodies, civil society organisations and university. It also presents reports and recommendations that have been addressed to Italy by international monitoring bodies within the framework of the United Nations, the Council of Europe or the European Union. Finally, the Yearbook provides a selection of international and national case-law that casts light on Italy’s position vis-à-vis international obligations. The Italian Agenda of Human Rights that is set out in the volume focuses on immediate and long-term measures that should be taken to ensure human rights for all. The Yearbook is edited by the Interdepartmental Centre for Human Rights and the Rights of Peoples at the University of Padua, in cooperation with the UNESCO Chair in Human Rights, Democracy and Peace at the same University. The Centre, established in 1982 with the support of the Region of Veneto, carries out research and education following a global and interdisciplinary approach. It hosts the Jean Monnet Centre of Excellence on intercultural dialogue and human rights. Cover Table of Contents List of Acronyms Italy and Human Rights in 2011 Toward an Italian Agenda of Human Rights PART I. IMPLEMENTATION OF INTERNATIONAL HUMAN RIGHTS LAW IN ITALY International Human Rights Law I. Legal Instruments of the United Nations II. Legal Instruments on Disarmament and Non-proliferation III. Legal Instruments of the Council of Europe IV. European Union Law Italian Law I. The Constitution of the Italian Republic II. National Legislation III. Municipal, Provincial and Regional Statutes IV. Regional Laws PART II. THE HUMAN RIGHTS INFRASTRUCTURE IN ITALY National Bodies with Jurisdiction over Human Rights I. Parliamentary Bodies II. Prime Minister’s Office (Presidency) III. Ministry of Foreign Affairs IV. Ministry of Labour and Social Policies V. Ministry of Justice VI. Judicial Authorities VII. National Economy and Labour Council (CNEL) VIII. Independent Authorities IX. Non-governmental Organisations X. Human Rights Teaching and Research in Italian Universities Sub-national Human Rights Structures I. Peace Human Rights Offices in Municipalities, Provinces and Regions II. Ombudspersons III. National Coordinating Body of Ombudspersons IV. Network of Ombudspersons for Children and Adolescents V. National Coordinating Body of Local Authorities for Peace and Human Rights VI. Archives and Other Regional Projects for the Promotion of a Culture of Peace and Human Rights Region of Veneto I. Regional Department for International Relations II. Committee for Human Rights and the Culture of Peace III. Regional Archive “Peace Human Rights” IV. Venice for Peace Research Foundation V. Ombudsperson for Children and Adolescents VI. Ombudsperson VII. Regional Commission for Equal Opportunities between Men and Women VIII. Regional Observatory on Social Policies IX. Regional Observatory on Immigration PART III. ITALY IN DIALOGUE WITH INTERNATIONAL HUMAN RIGHTS INSTITUTIONS The United Nations System I. General Assembly II. Human Rights Council III. High Commissioner for Human Rights (OHCHR) IV. High Commissioner for Refugees (UNHCR) V. Human Rights Treaty Bodies VI. Specialised United Nations Agencies, Programmes and Funds VII. International Organisations with Permanent Observer Status at the General Assembly Council of Europe I. Parliamentary Assembly II. Committee of Ministers III. European Court of Human Rights IV. Committee for the Prevention of Torture V. European Committee of Social Rights VI. Group of Experts on Action against Trafficking in Human Beings VII. Commissioner for Human Rights VIII. European Commission against Racism and Intolerance IX. Advisory Committee on the Framework Convention for the Protection of National Minorities X. European Commission for Democracy through Law XI. Group of States against Corruption European Union I. European Parliament II. European Commission III. Council of the European Union IV. Court of Justice of the European Union V. European External Action Service VI. Fundamental Rights Agency VII. European Ombudsman Organisation for Security and Cooperation in Europe I. Office for Democratic Institutions and Human Rights (ODIHR) II. High Commissioner on National Minorities III. OSCE Representative on Freedom of the Media IV. Special Representative and Co-ordinator for Combating Trafficking in Human Beings International Humanitarian and Criminal Law I. Adapting to International Humanitarian and Criminal Law II. The Italian Contribution to Peace-keeping and Other International Missions PART IV. NATIONAL AND INTERNATIONAL CASE-LAW Human Rights in Italian Case-law I. The “Communitarisation” of International Human Rights Standards: Issues Concerning Public Hearings and Statute of Limitations II. Authentic Interpretation Affecting in pejus Settled Case-law, and the Principle of Fair Trial III. Human Dignity, Informed Consent to Health Care Treatment, Medically Assisted Procreation IV. Asylum, International Protection V. Discrimination VI. Workers’ Rights VII. Immigrants’ Rights VII. Criminal Procedure and Enforcement of the Sentence IX. Children’s Rights X. The Rights of Persons with Disabilities and of Non-autonomous Persons XI. Expropriations and the Right to Peaceful Enjoyment of Property XII. The Reasonable Length of Judicial Proceedings, Mediation in Civil Disputes XIII. Human Rights, the Rule of Law and Mayoral Orders XIV. International Crimes and the Immunity of Foreign States from National Jurisdiction Italy in the Case-law of the European Court of Human Rights I. Judgements of the Grand Chamber II. Interpretative Laws Affecting Ongoing Proceedings III. The Right to Life and Not to Be Subject to Inhuman Treatment IV. Unlawful Detention and Prisoners’ Rights V. Protection of Rights by the Courts VI. The Right to Family Life VII. Property Rights, “Indirect Expropriations”, Fair Compensation Italy in the Case-law of the Court of Justice of the European Union I. Application of the “Return Directive” II. Means of Obtaining Evidence during Criminal Proceedings from Minors who are Victims of Crime III. Salary Treatment of Workers in the Event of a Transfer IV. Liability of Member States for Infringements of European Union Law by One of their Courts Adjudicating at Last Instance Index Table of Cases Research and Editorial Committee