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Released by the Bureau of Democracy, Human Rights, and Labor, February 26, 1999.
Italy is a longstanding, multiparty parliamentary democracy. Executive
authority is vested in the Council of Ministers, headed by the
president of the council (the Prime Minister). The Head of State
(President of the Republic) nominates the Prime Minister after
consulting with leaders of all political forces in Parliament.
Parliament was elected in free and democratic elections in April
1996. The judiciary is independent, but critics complain that
some judges are politicized.
The armed forces are under the control of the Government and Parliament. Four separate police forces report to different ministerial or local authorities. Under exceptional circumstances, the Government may call on the army to provide internal security. For several years, the army has supported the police in general guard duties in Sicily and in the province of Naples, both of which are areas with high levels of organized crime, to free police officers for investigations and related work. The army left Naples at the end of 1997 and left Sicily by the end of the year. There were a number of credible reports that some members of the security forces committed abuses.
Italy has an advanced, industrialized market economy, and the
standard of living is high. Small and midsized companies employ
from 70 to 80 percent of the work force. Major products include
machinery, textiles, apparel, transportation equipment, and food
and agricultural products. The Government owns a substantial number
of enterprises in finance, communications, industry, transportation,
and services, but privatization is moving forward at a measured
pace.
The Government respects the human rights of its citizens. The
law and the judiciary generally provide effective means of dealing
with instances of individual abuse. However, there were problems
in some areas. There continued to be reports of police abuse of
detainees; such accusations are investigated by the judiciary.
Despite the Government's approval of a law to reduce the number
of inmates and the reform of judicial procedures to speed up trials,
prisons continue to be overcrowded, and the pace of justice remains
slow. Lengthy pretrial detention is a problem. Societal discrimination
against women and discrimination and sporadic violence against
immigrants and other foreigners continue to be problems. The Government
has taken steps to combat child abuse and violence against women.
Child labor persists in the underground economy but is investigated
actively.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom From:
a. Political and Other Extrajudicial Killing
There were no reports of political or other extrajudicial killings.
b. Disappearance
There were no reports of politically motivated disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or
Punishment
The law prohibits torture and cruel or degrading punishment. However,
there were some reports of abuse by police. Amnesty International
(AI), the United Nations Human Rights Commission (UNHRC), the
United Nations Committee Against Torture, the U.N. Special Rapporteur
on Torture, and the Council of Europe's Committee for the Prevention
of Torture (CPT) have reported instances in which police abused
detainees, commonly at the time of arrest or during the first
24 hours in custody, before detainees saw an attorney or a judicial
authority. Examples of mistreatment include insults, particularly
those aimed at aliens or Roma, kicking, punching, beatings with
batons, or deprivation of food. A high proportion of these cases
involved non-European union immigrants (mostly Africans), Roma,
and persons held in connection with drug-related offenses. The
U.N. Committee, the UNHRC, the U.N. Special Rapporteur on Torture,
and Caritas have expressed concern over a possible trend towards
racism. Amnesty International (AI), the UNHRC and the U.N. Committee
have noted that, although authorities routinely investigate complaints
of mistreatment in detention, some of the investigations lack
thoroughness. The U.N Committee and the UNHRC also have questioned
whether appropriate sanctions were imposed on those found guilty.
The CPT and the UNHRC have recommended that the authorities take
more effective steps to safeguard detainees and inmates from mistreatment.
In July the U.N. Human Rights Committee examined Italy's fourth
periodic report on the implementation of the International Covenant
on Civil and Political Rights (ICCPR) and released its findings.
Reporting on action taken against torture and cruel or degrading
punishment, government representatives stated that during the
reporting period, criminal proceedings had been initiated against
several hundred police and Carabinieri officers within the prison
service. Criminal proceedings were initiated against 122 wardens
who were accused of offenses against prisoners, which fall within
a broad definition of torture. Cases currently before the courts
concern accusations of physical injury and abuse of disciplinary
or correctional procedures. The U.N. Committee recommended that
a specific definition of and statement on the illegality of torture
be included in Italian law.
In August 1997, the Gallo Commission released its report on the
1992-93 U.N. peacekeeping operations in Somalia, which found that,
in eight cases, human rights violations had been committed by
rank-and-file soldiers. Midlevel and high-ranking officers were
found remiss in their duties for being unaware of the actions
of soldiers under their command. The Commission urged that military
authorities improve human rights training for conscripts and recommended
that magistrates and experts on international human rights standards
accompany troops during future peacekeeping missions. The Commission
reopened its inquiry when further accusations surfaced concerning
human rights violations by Italian troops in Somalia, accompanied
by claims that high-ranking army officers did not intervene to
prevent them. Its second report was released in late May with
no further findings. However, one Somali witness heard by the
Commission was arrested and charged as a suspect in the 1993 murder
of Italian journalist Ilaria Alpi.
Despite the construction of new facilities, the prison population
continues to exceed planned capacity by over 15 percent. In an
attempt to remedy overcrowding, Parliament passed a law in May
allowing persons sentenced to less than 3 years' imprisonment
to apply for an alternative penalty within a period of 30 days
after final sentencing. Overcrowding creates problems of poor
sanitation and strains medical services. The law allows judges
to release prisoners whose incarceration would prevent their access
to appropriate treatment or endanger the health of other inmates.
AIDS is a major problem. More than 29 percent of the prison population
is addicted to illegal drugs; of those, 13.6 percent are HIV positive.
(A total of 5.8 percent of those who are HIV positive have AIDS).
There were 55 suicides in 1997, compared with 45 in 1996.
Prison conditions meet minimum international standards; however,
the Government permits the independent monitoring of prison conditions
by parliamentarians, local human rights groups, the media, and
other organizations.
d. Arbitrary Arrest, Detention, or Exile
Detainees are allowed prompt and regular access to lawyers of
their choosing (although occasional lapses in this general rule
have been alleged) and to family members. If detainees are indigent,
the State provides a lawyer. Within 24 hours of being detained,
the examining magistrate must decide whether there is enough evidence
to proceed to an arrest. The investigating judge then has 48 hours
in which to confirm the arrest and recommend whether the case
goes to trial. In exceptional circumstances, usually in cases
of organized crime figures, where there is danger that attorneys
may attempt to tamper with evidence, the investigating judge may
take up to 5 days to interrogate the accused before the accused
is allowed to contact an attorney. The U.N. Human Rights Committee
(ICCPR) recommended that this 5-day period be reduced and that
all detainees have access to legal advice immediately upon arrest.
Preventive detention can be imposed only as a last resort, or
if there is clear and convincing evidence of a serious offense,
such as crimes involving the Mafia, or those related to drugs,
arms, or subversion. In these cases, a maximum of 2 years of preliminary
investigation is permitted. Except in extraordinary situations,
preventive custody is not permitted for pregnant women, single
parents of children under 3 years of age, persons over 70 years
of age, or those who are seriously ill. Preventive custody can
be imposed only for crimes punishable by a maximum sentence of
not less than 4 years.
Magistrates' interrogations of persons in custody must be recorded
on audio tape or video tape to be admissible in judicial proceedings.
Prosecutors are required to include all evidence favorable to
the accused in requests for preventive detention. The defense
may present any favorable evidence directly to the court.
There is no provision for bail, but judges may grant provisional
liberty to suspects awaiting trial. As a safeguard against unjustified
detention, panels of judges (liberty tribunals) review cases of
persons awaiting trial and rule whether continued detention is
warranted. Despite these measures, 44 percent of inmates were
awaiting trial or the outcome of appeals, rather than serving
final sentences. The Constitution and law provide for restitution
in cases of unjust detention.
The law prohibits punishment by internal exile or exile abroad.
e. Denial of Fair Public Trial
The Constitution provides for an independent judiciary and the
Government respects this provision in practice. The judiciary
provides citizens with a fair judicial process.
There are three levels of courts. There are three separate lower
courts: The Praetor Court (offenses punishable by monetary fines
or less than 4 years imprisonment); the Court of Assizes (offenses
punishable by more than 24 years' imprisonment); and the Tribunal
Court (offenses that fall between the jurisdiction of the praetor
and assizes courts). The Assizes Court of Appeals hears appeals
from all three lower courts. Decisions of the Assizes Court of
Appeals can be appealed to the highest court, the Court of Cassation
(Supreme Court) in Rome.
The law provides for trials to be fair and public, and the authorities
observe these provisions. The law grants defendants the presumption
of innocence. Defendants have access to an attorney sufficiently
in advance to prepare a defense and can confront witnesses. All
government-held evidence is normally made available to defendants
and their attorneys. Defendants can appeal verdicts to the highest
appellate court.
Cumbersome procedures slow the pace of justice. The National Statistical
Institute (ISTAT) reported the average duration of lower court
trials (civil cases) at 3 years and 4 months. The length of trials
varies by region; those in the north are shorter than those in
the south. The UNHRC report also noted that provisions of the
ICCPR concerning promptness of trials were not always respected,
citing the case of 10 police officers charged in 1990 in connection
with the 1985 death of a man following severe mistreatment in
a police station. Since 1990 the case has been tried, appealed,
and retried several times. In 1997 the Court of Cassation ordered
another retrial and the case is still open.
To speed up judicial proceedings, a decree-law implemented in
February allows cases involving crimes punishable by less than
20 years' imprisonment to be tried before a single judge.
Since 1991 public prosecutors have conducted sweeping investigations
of corruption among the political and economic elites, and in
the judiciary. These inquiries still have considerable public
support. However, critics complain that some investigating magistrates
are influenced by political or other interests in choosing targets
of inquiry, or fail to show adequate respect for the rights of
suspects, for example, making excessive use of preventive detention
(see Section l.d.). The UNHRC report noted that lengthy preventive
detention (which in certain serious offenses is permitted for
up to 6 years) may constitute a violation of the right to a presumption
of innocence and the principle of a prompt and fair trial. However,
a recent decision of the European Court of Human Rights ruled
that the 31-month preventive detention of a person accused of
collusion with an organized crime organization was lawful.
There were no reports of political prisoners.
f. Arbitrary Interference With Privacy, Family, Home, or Correspondence
The law safeguards the privacy of the home, and the authorities
respect this provision. Searches and electronic monitoring may
be carried out only under judicial warrant and in carefully defined
circumstances. Violations are subject to legal sanctions.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The law provides for freedom of speech and the press, and the
Government respects these rights in practice. An independent press,
an effective judiciary, and a functioning democratic political
system combine to ensure freedom of speech and of the press, including
academic freedom.
b. Freedom of Peaceful Assembly and Association
The Government does not restrict the right of peaceful assembly,
including protests against government policies, except in cases
where national security or public safety is at risk. Permits are
not required for meetings, but organizers of public demonstrations
must notify the police in advance. Professional associations organize
and operate freely. While allowing general freedom of association,
the Constitution and law prohibit clandestine associations, those
that pursue political aims through force, that incite racial,
ethnic or religious discrimination, or that advocate fascism.
c. Freedom of Religion
The Constitution provides for freedom of religion and the Government
respects this right. The Government subsidized several religions
through tax revenue collection. Taxpayers who choose to do so
can donate a percentage of their income tax payment to the Roman
Catholic, Adventist, Waldensian, Baptist, and Lutheran churches,
the Assembly of God or the Jewish community. Other religious groups,
including Buddhists and Muslims, have initiated necessary procedures
to obtain this status.
Nontraditional religious groups are free to practice their beliefs
and proselytize, provided that they respect public order and general
moral standards. In August 1997 the Court of Cassation annulled
a lower court decision that Scientology was not a religion, finding
that the lower court was not competent to rule on what constitutes
a religion. The Court of Cassation further found that the issue
of whether Scientology constitutes a religion must be readdressed
by another court of appeal, in accordance with criteria established
by the Constitutional Court.
Roman Catholic religious instruction is offered in public schools
as an optional subject. Students who do not opt to attend can
elect to take an alternative course, or in some schools, have
a free class period.
d. Freedom of Movement Within the Country, Foreign Travel, Emigration,
and Repatriation
The Constitution and law provide for these rights, and the Government
respects them in practice. Citizens who leave are ensured the
right to return. The Constitution forbids deprivation of citizenship
for political reasons.
The Government cooperates with the U.N. High Commissioner for
Refugees and other humanitarian organizations assisting refugees.
It provides first asylum to refugees fleeing hostilities or natural
disasters. Such refugees are granted temporary residence permits,
which must be renewed periodically and do not ensure future permanent
residence.
The Commission on Foreigners in Italy estimates that there are
hundreds of thousands irregular foreigners in Italy. As of August
31, there were 28,612 foreigners temporarily residing in Italy
for humanitarian reasons; 2,780 are in the process of requesting
asylum. As of the same date, 582 persons had been granted political
asylum.
Political asylum is obtained according to the 1951 U.N. Convention
Relating to the Status of Refugees. Amnesty International has
noted that Italy still lacks a specific law on political asylum,
but there is one pending before Parliament. The immigration law
passed in February levies high fines and penalties for land, air,
and sea carriers that board passengers without documentation.
There is also a bill pending before Parliament that would require
asylum seekers to possess identity documents.
After his arrival in Italy in November, PKK leader Abdulan Ocalan
filed a request for political asylum. It is being processed through
normal judicial channels. A decision is expected towards the end
of February 1999.
There were no reports of the forced expulsion of any person having
a valid claim to refugee status.
The Government finished closing the camps that had housed Albanian
refugees. There are 20 processing centers for persons claiming
refugee status.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The Constitution provides citizens with the right to change their
government peacefully, and citizens exercise this right in practice
through periodic, free, and fair elections held on the basis of
universal suffrage.
There are no restrictions on women's participation in government
and politics. However, few women hold elected office: Women hold
6 of 25 cabinet positions, 24 of 325 Senate seats, and 69 of 630
seats in the Chamber of Deputies. A new association for women,
EMILY Italia, was founded recently to promote increased participation
of women in politics.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human Rights
A wide variety of human rights groups operate without government
restriction, investigating and publishing their findings on human
rights cases. Government officials are generally cooperative and
responsive to their views.
Section 5 Discrimination Based on Race, Sex, Religion, Disability,
Language, or Social Status
The law prohibits discrimination on the basis of race, sex (except
with regard to hazardous work), religion, ethnic background, or
political opinion and provides some protection against discrimination
based on disability, language, or social status. However, societal
discrimination persists to some degree.
Women
Legislation to protect women from physical abuse, including by
family members, was updated and strengthened in 1996. The revised
law makes the prosecution of perpetrators of violence against
women easier and shields women who have been objects of attack
from publicity.
The law treats spousal rape the same as any other rape.
Media reports of violence against women are common. An investigation
conducted by the Rome police and the nongovernmental organization
(NGO) Telefono Rosa reported 6,522 cases of domestic violence
against women in Rome in 1997. In its annual report on violence
against women, Telefono Rosa stated that 55.5 percent of the cases
reported nationally included physical violence, an increase of
9.5 percent over the previous 2 years. Law enforcement and judicial
authorities are not reluctant to bring perpetrators of violence
against women to justice, but victims sometimes do not press charges
due to fear, shame or ignorance of the law. The Telefono Rosa
report noted that the entry of more women into the police force
has contributed greatly to increased cooperation by female victims
of violence. The Government provides a hot line through which
abused women can obtain legal, medical and other assistance. Women's
associations also maintain several shelters for battered women.
Telefono Rosa reported that sexual harassment in the workplace
decreased in 1997 and concluded that ad hoc provisions against
sexual harassment in national labor contracts worked as a deterrent
in both the public and private sectors.
The media often report cases of trafficking in foreign women for
the purpose of prostitution. The women (as well as their exploiters)
are usually illegal immigrants and often reluctant to contact
the police. Based on information from NGO's, the Ministry of Equal
Opportunity estimates that 25,000 illegal immigrant women are
engaged in prostitution in Italy, more than 5,000 of whom are
exploited by traffickers. Prostitution itself is not illegal,
but police can make arrests on charges of profiting from or exploiting
the prostitution of others, which are criminal offenses. The February
immigration bill provided an avenue of escape from traffickers
by granting 1-year residence/work permits to women who turn in
their exploiters.
Women enjoy legal equality with men in marriage, property, and
inheritance rights. Males and females enjoy equal access and treatment
with regard to education, health, and other government services.
Many NGO's actively and effectively promote women's rights. Most
are affiliated with labor unions or political parties.
A number of government offices work to ensure women's rights.
The Ministry for Equal Opportunity is headed by a woman. In addition,
there is an equal opportunity commission in the office of the
Prime Minister. The Labor Ministry has a similar commission that
focused on women's rights and discrimination in the workplace,
as well as equal opportunity counselors who deal with this problem
at the national, regional, and provincial government levels. However,
many counselors have limited resources with which to work.
In 1997 the European Court of Justice found that a 1977 law that
sought to protect women from hazardous work, such as work in mines,
quarries, and tunnels and work on night shifts, is in noncompliance
with the European Union directive on this issue. In response,
a proposed bill before Parliament contains provisions that revise
the prohibitions on night shift work for women. The bill was passed
by the Chamber of Deputies and is now before the Senate. Liberal
maternity leave, introduced to benefit women, does add to the
cost of employing them, with the result that employers sometimes
find it advantageous to hire men instead.
According to research conducted by the CGIL Labor Institute, women's
salaries are 20 percent lower than men's for comparable work.
They are underrepresented in many fields, such as management and
the professions. Women experience unemployment at a higher rate
than men and their participation rate in the labor force is lower.
Data for 1998 released by the ISTAT shows that while male unemployment
was 9.4 percent, female unemployment was 16.8 percent.
Children
The Government demonstrates a strong commitment to children's
rights and welfare. Schooling is compulsory from age 7 to age
14. The dropout rate is high in middle and secondary school. On
the average, only 56 students graduate from secondary school out
of each 100 who enrolled in primary school 12 years earlier. Abuse
of children is recognized as a societal problem. Social workers
counsel abused children and are authorized to take action to protect
them. The NGO Telefono Azzurro maintains two toll-free hot lines
for reporting incidents of child abuse.
Research conducted on behalf of the Government by a private institute
estimated that the number of minors involved in cases of violence
(including prostitution) was 10,000 to 12,000. There were 1,880
to 2,500 minor-age street prostitutes, of whom 1,500 to 2,300
were illegal immigrants, predominantly Albanians, and some Nigerians.
An estimated 90 percent of violence against minors is committed
within their own families.
In August the Parliament passed a law to combat pedophilia, child pornography, the possession of pornographic material involving children, sex tourism involving minors, and the trafficking of minors. The law provides severe penalties, including up to 20 years' imprisonment for violence against minors younger than age
14 and for trafficking in minors, even if committed outside of
Italy.
People With Disabilities
The law forbids discrimination against disabled persons in employment,
education, or in the provision of state services. The law requires
enterprises with more than 35 employees to hire the disabled to
staff 15 percent of their work force, directs that public buildings
be made accessible to persons with disabilities, and stipulates
a number of specific rights for the disabled. Compliance with
these requirements, however, is still incomplete.
National/Racial/Ethnic Minorities
Immigrants and other foreigners face societal discrimination.
Some are subjected to physical attack. Roma encounter difficulties
in finding places to reside. There are 60,000 to 80,000 citizens
who are Roma. Sedentary Roma have more success in receiving equal
treatment in the workplace and in the housing market. Nomadic
Roma tend to live in camps and to have more difficulty in these
areas. Immigrant Roma (45,000 to 60,000), predominantly from the
former Yugoslav states often are precluded from obtaining residence
or work permits because they do not possess valid identity documents
from their country of origin and can be deported. With no legal
source of income available, they often turn to begging or petty
crime. The interests of the Roma are represented by over 130 nonprofit
organizations, which, however, have funding difficulties.
Racism Survey, an organization located in Milan, compiles a record
of racist incidents. According to this group, in 1997 there were
668 cases of racial discrimination, violence, and intolerance.
Other NGO's, such as Caritas, provide a broad range of assistance
to immigrants throughout the country.
Section 6 Worker Rights
a. The Right of Association
The law provides for the right to establish trade unions, join
unions, and carry out union activities in the workplace. Some
40 percent of the workforce is organized. Trade unions are free
of government controls and no longer have formal ties with political
parties. The right to strike is embodied in the Constitution and
is frequently exercised. A 1990 law restricts strikes affecting
essential public services such as transport, sanitation, and health.
Nonetheless, during a year in which the overall number of work-hours
lost to labor disputes was relatively low, strikes occurred in
several public service sectors, especially air and ground transportation.
Unions associate freely with international trade union organizations.
b. The Right to Organize and Bargain Collectively
The Constitution provides for the right of workers to organize
and bargain collectively, and these rights are respected in practice.
By custom, although not by law, national collective bargaining
agreements apply to all workers, regardless of union affiliation.
The law prohibits discrimination by employers against union members
and organizers. It requires employers that have more than 15 employees
and who are found guilty of antiunion discrimination to reinstate
any workers affected. In firms with less than 15 workers, an employer
must provide the grounds for firing a union employee in writing.
If a judge deems the grounds spurious, he can order the employer
to reinstate or compensate the worker.
There are no export processing zones.
c. Prohibition of Forced or Compulsory Labor
The law prohibits forced or compulsory labor, including that performed
by children, and generally it does not occur. However, some illegal
immigrants and children were forced into prostitution (see Section
5).
d. Status of Child Labor Practices and Minimum Age for Employment
The law forbids the employment of children under age 15 (with
some limited exceptions). There are also specific restrictions
on employment in hazardous or unhealthful occupations for men
under age 18, and women under age 21. The enforcement of minimum
age laws is difficult in the extensive underground economy. The
leader of the largest labor union estimates that there were 300,000
incidents of child labor, the majority involving immigrants, but
cases involving Italian children also have been reported in the
press.
Following the United Nations-sponsored Oslo International Conference
in November 1997, the Government, employers associations, and
unions signed a charter in April that included: The extension
of compulsory education from 14 to 15 years of age; better enforcement
of school attendance regulations; programs to reduce the number
of school dropouts; more prompt assistance to families in financial
difficulty; further restrictions on exceptions to the minimum
age law; cancellation of all economic incentives or administrative
incentives for companies found to make use of child labor, including
abroad. The Prime Minister's office provided a toll-free telephone
number to report incidents of child labor. The footwear and textile
industries have established a code of conduct that prohibits the
use of child labor in their international as well as national
activities, applicable to subcontractors as well. The law forbids
forced or bonded labor involving children, and the Government
generally enforces this prohibition effectively. However, some
children were forced into prostitution (see Sections 5 and 6.c.).
e. Acceptable Conditions of Work
Minimum wages are not set by law, but rather by collective bargaining
agreements. These specify minimum standards to which individual
employment contracts must conform. When an employer and a union
fail to reach an agreement, courts may step in to determine fair
wages on the basis of practice in comparable activities or agreements.
A 1997 law reduced the legal workweek to 40 hours from 48. Most
collective agreements provide for a 36- to 38-hour workweek. The
average contractual workweek is 39 hours but is actually less
in many industries. Overtime work may not exceed 2 hours per day
or an average of 12 hours per week.
The law sets basic health and safety standards and guidelines
for compensation for on-the-job injuries. European union directives
on health and safety have been also incorporated into the law;
some provisions have already taken effect and others were phased
in during 1997. Labor inspectors are from the public health service
or from the Ministry of Labor. They are few in number, given the
scope of their responsibilities. Courts impose fines and sometimes
prison terms for violation of health and safety laws. Workers
have the right to remove themselves from dangerous work situations
without jeopardy to their continued employment.
[end of document]
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