Italy
The Equality Body (UNAR) has strengthen the legal support for victims by direct actions and assessment of the effectiveness of antidiscrimination directives and moreover UNAR has implemented mechanisms to collect data on racial discrimination. There are still some difficulties as the absence of the right to vote at the national and the local election for migrants.
-
Anti-discrimination Legislation & Implementation
If one puts together the Immigration Act (1998) and the Decrees (2003), the grounds of discrimination prohibited by statute law (beyond the equal treatment provisions contained in the Constitution) coincide with those covered by the Directives, with the relevant addendum of discrimination on ground of nationality.
-
Are there specialised bodies/agencies/mechanisms which receive, handle/investigate complaints in discrimination cases?
Yes.
Qualitative Info
An equality body has been created only with regard to race and ethnic origin, named Ufficio Nazionale Antidiscriminazioni Razziali (UNAR). It was established within the Department for Rights and Equal Opportunities in 2003, in response to the European Directive 2000/43/CE, so it is not an autonomous body. UNAR’s role is to promote equality of treatment, monitor the effectiveness of legal instruments that tackle racial discrimination and, eliminate it. UNAR recognises the different impacts discrimination can have on women and their experience of cultural and religious discrimination. UNAR’s work is mandated through the Council of Ministers’ Legislative Decree 215/2003, Article 7. UNAR is
According to its founding act, the competences of the office include providing independent assistance to victims of discrimination in pursuing their complaints, carrying out independent surveys on discriminations, promoting the adoption of specific measures aimed at eliminating or compensating the disadvantages related to a certain race or ethnic origin, issuing of opinions and proposing legislative reforms concerning racial and ethnic discrimination, issuing recommendations on matters related to racial and ethnic discrimination and diffusion of information concerning the rules on equal treatment between persons irrespective of racial or ethnic origin. The office has two different units, one primarily oriented toward legal assistance and dispute resolution and the other toward study, and research. It reports every year to the parliament and to the executive. The office has been operational since November 2004.
Source:
European Network of Legal Experts in the Non-Discrimination Field – Italy – Equality Bodies - http://www.non-discrimination.net/content/equality-bodies-12 (Date of access: 2.12.2011)
Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
- Muslims
- Ethnic minorities
- Religious minorities
- Linguistic minorities
- Majority
- Asylum seekers
- Lesbian, Gay, Bisexual and Transgender
- Persons with disability
Type (R/D)
- Extremism - organised Racist Violence
- Anti-migrant/xenophobia
- Anti-semitism
- Islamophobia
- Afrophobia
- Arabophobia
- Anti-roma/zinghanophobia
- Religious intolerance
- Inter-ethnic
- Intra-ethnic
- Homophobia
- On grounds of disability
- On grounds of other belief
Key socio-economic / Institutional Areas
- Policing - law enforcement
- Employment - labour market
- Housing
- Health and social protection
- Education
- Culture
- Media
- Sport
- Political discourse -parties - orgs
- Political participation
- Anti-discrimination
- Anti-racism
- Integration - social cohesion
- Daily life
- Religion
External Url www.unar.it
See other countriesSee indicator history -
Are there mechanisms in place to collect data on racial discrimination in line with data protection legislation as an effective means of, monitoring and reviewing policies and practices to combat racial discrimination and promote racial equality?
Yes
Qualitative Info
The only official national statistics on cases related to racial or ethnic discrimination are provided by the National Office Against Racial Discrimination (UNAR), based on cases of discrimination reported to its Contact Centre that runs a toll-free number.
Moreover, the 1998 Immigration Act planned the creation of a national Commission for integration policies which is supposed to draft an annual report on migration and integration (art. 46 1998 Immigration Act).
Source:
Cospe, Complementary Data Collection. Contribution to the FRA Annual Report 2009
Italian Immigration Act (Testo unico delle disposizioni concernenti la disciplina dell'immigrazione e norme sulla condizione dello straniero (Dlgs 286/1998) -
Groups affected/interested
- Migrants
- Roma & Travelers
- Ethnic minorities
Type (R/D)
- Anti-migrant/xenophobia
- Anti-roma/zinghanophobia
Key socio-economic / Institutional Areas
- Anti-discrimination
- Anti-racism
- Integration - social cohesion
-
Does legislation provide for the possibility of adopting special/positive measures prevent or compensate for disadvantages linked to racial or ethnic origin in order to ensure full equality in practice?
No.
Qualitative Info
Italian national legislation does not provide for any positive measures.
Source:
Unar, Parità di trattamento e uguaglianza in Italia, Armando Editore, Roma, 2011 - http://www.unar.it
Groups affected/interested
- Migrants
- Ethnic minorities
Key socio-economic / Institutional Areas
- Anti-discrimination
- Anti-racism
- Integration - social cohesion
-
Are special/positive measures for securing advancement and protection of certain racial or ethnic groups widely adopted and implemented?
Not provided by law but some local-regional initiatives do exist.
Qualitative Info
Acording to the Italian Migration Act (Testo unico delle disposizioni concernenti la disciplina dell'immigrazione e norme sulla condizione dello straniero (Dlgs 286/1998) and the EU Directives 43 (on equal treatment between persons irrespective of racial or ethnic origin) and 78 (on equal treatment in employment and occupation) transposed in Legislative Decrees 215 and 216 of July 9, 2003, in IItaly there are no positive measures for securing advancement and protecion of certain racial or ethnic groups. However, at the local and regional level, there are some projects aiming at protecting and facilitating the advancement of specific minorities as Roma and Sinti.
Source:
http://www. anci.it/Contenuti/allegati/presentazione_citta_sottili_2007.doc
Groups affected/interested
- Migrants
- Roma & Travelers
- Ethnic minorities
Key socio-economic / Institutional Areas
- Integration - social cohesion
External Url http://www. anci.it/Contenuti/allegati/presentazione_citta_sottili_2007.doc
See other countriesSee indicator history -
Is legal support for victims available from public agencies/bodies? Is there access for victims to assistance and justice?
Yes.
Qualitative Info
Although the reception of the European directive on discrimination in Italy does not require the Unar can act directly in court, if the victim of discrimination goes to trial, the office as well as providing a list of associations that can offer free help, for example free legal aid, follows the entire judicial process until the end.
Source:
Unar, Parità di trattamento e uguaglianza in Italia. Un anno contro ogni forma e causa di discriminazione, Armando Editore, Roma, 2011 - http://www.unar.it
Groups affected/interested
- Migrants
- Ethnic minorities
Type (R/D)
- Anti-migrant/xenophobia
- Anti-semitism
- Islamophobia
- Anti-roma/zinghanophobia
Key socio-economic / Institutional Areas
- Anti-discrimination
- Anti-racism
-
Does the law foresee the shift of the burden of proof in civil / administrative procedures? Are there problems of implementation reported by independent authoritative sources?
Yes.
Qualitative Info
Italy has recently transposed the shift of the burden of proof required in Article 8 of Directive 2000/43/EC, with Italy/legge 101/2008 (06/06/2008), after the European Commission initiated an infringement procedure. It is too early to assess the effect of this emendation. In general, the victims of discrimination can use statistical data and other factual elements to support the case.
Source:
http://fra.europa.eu/fraWebsite/attachments/access-to-justice-2011-country-IT.pdf
Groups affected/interested
- Migrants
- Ethnic minorities
Key socio-economic / Institutional Areas
- Anti-discrimination
- Anti-racism
-
Can associations, organisations or other legal entities, who have a legitimate interest, engage, either on behalf or in support of the complainant, with his or her approval, in any judicial and/or administrative procedure concerning discrimination?
Yes.
Qualitative Info
In Italy individual lawyers working for associations such as NGOs or trade unions may represent a victim with their permission. Moreover, NGOs are able to bring case to court without the consent of the victim in certain circumstances (such as for ‘class actions’.
Source:
http://fra.europa.eu/fraWebsite/attachments/FRA-RED-synthesis-report_EN.pdf
Groups affected/interested
- Migrants
- Ethnic minorities
Key socio-economic / Institutional Areas
- Anti-discrimination
- Anti-racism
- Is class action or actio popularis possible? (court claims or action in the name of a group)
-
Is there provision within anti-discrimination legislation/practice forfinancial compensation/restitution of rights and are these applied in practice?
Yes.
Qualitative Info
The Italian judicial system tends to provide victims of discrimination forms of compensation that almost always reinstate the previous status to discrimination without offering a fee for the damage suffered. Courts do not usually order any compensation, preferring other forms of satisfactions (like reinstating of the employee unlawfully discharged). The level of compensation set in consideration of the damage caused to the individual does not seem to be proportionate to the damage actually suffered.
Source:
Unar, Parità di trattamento e uguaglianza in Italia, Armando Editore, Roma, 2011 - http://www.unar.it
http://fra.europa.eu/fraWebsite/attachments/access-to-justice-2011-country-IT.pdf
Groups affected/interested
- Migrants
- Ethnic minorities
Key socio-economic / Institutional Areas
- Anti-discrimination
- Anti-racism
-
Are there any problems concerning the implementation of national legislation prohibiting discrimination?
Yes.
Qualitative Info
Discrimination on the grounds foreseen in the Directives has until recently been a marginal subject in Italian legal and political debate. As a result of the low priority that combating discrimination has had for social and political actors, empirical research on the dimension of the actual problems has been carried out to a limited extent. The weakest equality policies in Europe are undermining equal opportunities guaranteed in Italian law. Thanks to EU law, victims of ethnic, racial, religious and nationality discrimination can use new concepts and slightly favourable mechanisms to enforce their rights in all areas of life. However, access to justice may be denied. The Prime Minister controls the Office for Racial Discrimination, Europe’s 2nd weakest equality body after Spain, according to MIPEX III. Anyway, Italy gave its residents full protection against discrimination following threats from the European Commission to take legal action. In order to tackle existing discrimination and continuously improve the law, the government responded to the points set out in the infringement proceeding 2005/2358 by implementing the Anti-Discrimination Law on 6 June 2008. Now more victims are protected from harassment and victimisation, while they do not have to shoulder the whole burden of proof throughout the legal proceedings.
At least until the transposition of the Directives, reaction to xenophobia has not taken the form of well-defined policy proposals, as the debate has been mostly focused on immigration law and not on anti-discrimination law strictly speaking. Racial and ethnic discrimination often overlaps with discrimination on the basis of religion and belief, mostly in the form of hostility towards “Arabs” and “Muslims” which occurs without distinction. With regard to religious minorities not linked to immigration (Jews, Waldensians, and others) there are no reports of serious cases of discrimination. However, the absence of a general law on religious freedom (which has been pending in parliament for years) is a cause of practical disadvantage for those groups (the Muslim, but also Jehova’s witnesses) that did not sign agreements with the Italian state. Sexual orientation is now more rarely the target of openly hostile statements in the public arena. This notwithstanding, problems of discrimination and harassment on this ground are sometimes reported, although rarely with judicial outcomes. With regard to sexual orientation, the traditional position of the Catholic Church towards gays and lesbians can – at least in theory - cause problems when employment implies some sort of evaluation of religious and moral qualities, and this can in its turn strengthen homophobic attitudes arising in other contexts. The condition of gays and lesbians is, however, increasingly the object of public debate, specially with regard to the possibility of same sex marriage, and this probably contributed to the strong decrease of homophobic statements by politicians, that in the past were not uncommon. Problems concerning age and disability, quite often discussed in the media although almost never brought to courts, are instead more linked to the structure of the labour market, where difficulties exist in enforcing the Directives, especially with regard to age (protective rules for disabled employees do exist).
The recommendations by ENAR in 2010 pointed to:
- Take measures to ensure that the national equality body (UNAR) is really independent rather than under the Department for Rights and Equal Opportunities within the Presidency of the Council of Ministers;
- Unify the various provisions on racial /ethnic discrimination contained in civil and administrative laws under one act and undertake public awareness raising initiatives on existing legal instruments and how they can be best used to ensure equality;
- Entrust the systematic collection of data on discrimination in different spheres of public life, including ethnic profiling, to an independent body
- Combat barriers to access to employment for non Italian citizens and promote the conversion of diplomas and work experience gained in other countries
- Approve a comprehensive law on the protection of asylum seekers and refugees, which is in line with both international instruments and legal standards on the subject including the principle of non-refoulement and the right to a fair and satisfactory asylum procedure
- Cancel the provisions that affect the rights of regular and irregular migrants, in particular the introduction of the crime of irregular immigration;
- Develop legal and policy measures that favour the legal entry of migrant workers and allow them, especially seasonal workers, to stay in a legal condition;
- Stop the segregation of Roma and Sinti in camps and instead carry out policies aimed at promoting their inclusion. For instance favour their access to public residential housing managed by municipal authorities as well as to loans to enable some to acquire their own homes or pieces of land where they can construct their own houses;
- Reform citizenship laws to ensure that long term residents, unaccompanied minors, children born in the country to foreign parents or those who arrive at a young age have easier access to citizenship
- Ensure that attacks on migrants, Roma and other ethnic minorities are promptly investigated by the police and those responsible are brought to justice;
- Condemn forcefully and consistently all racist and xenophobic statements, especially by public and elected officials, and make clear that racist discourse has no place in Italian society.
Sources:
European Network of Legal Experts in the Non-Discrimination Field – Report on measures to combat discrimination. Directives 2000/43/ec and 2000/78/ec. Country report 2009 Italy - /resources/toolip/doc/2011/12/05/2009-it-country-report-by-european-network-in-non-discrimination.pdf
Migrant Integration Policy Index III – Italy - http://www.mipex.eu/italy (Date of access: 5.12.2011)
ENAR SHADOW REPORT 2009/2010 - Racism and Discrimination in Italy by Laura Di Pasquale - /resources/toolip/doc/2011/10/17/enar-italy-2009-2010.pdf
Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
- Muslims
- Ethnic minorities
- Religious minorities
- Linguistic minorities
- Majority
- Asylum seekers
- Lesbian, Gay, Bisexual and Transgender
- Persons with disability
Type (R/D)
- Extremism - organised Racist Violence
- Anti-migrant/xenophobia
- Anti-semitism
- Islamophobia
- Afrophobia
- Arabophobia
- Anti-roma/zinghanophobia
- Religious intolerance
- Inter-ethnic
- Intra-ethnic
- Homophobia
- On grounds of disability
- On grounds of other belief
Key socio-economic / Institutional Areas
- Policing - law enforcement
- Employment - labour market
- Housing
- Health and social protection
- Education
- Culture
- Media
- Internet
- Sport
- Political discourse -parties - orgs
- Political participation
- Anti-discrimination
- Anti-racism
- Integration - social cohesion
- Daily life
- Religion
-
Has there been a thorough evaluation/assessment of the effectiveness of the national implementation of EU Anti-discrimination Directives?
Yes.
Qualitative Info
Since its creation UNAR monitors and evaluates the implementation of European directives in national laws. In addition, UNAR monitors and evaluates the forms of direct and indirect discrimination at regional and local level according to anti-discrimination nationl laws .
The assessment is availlable in annual report on Unar activities.
Groups affected/interested
- Migrants
- Refugees
- Roma & Travelers
- Muslims
- Ethnic minorities
- Religious minorities
- Linguistic minorities
- Asylum seekers
- Lesbian, Gay, Bisexual and Transgender
- Persons with disability
Type (R/D)
- Extremism - organised Racist Violence
- Anti-migrant/xenophobia
- Anti-semitism
- Islamophobia
- Afrophobia
- Arabophobia
- Anti-roma/zinghanophobia
- Religious intolerance
- Inter-ethnic
- Intra-ethnic
- Homophobia
- On grounds of disability
- On grounds of other belief
Key socio-economic / Institutional Areas
- Policing - law enforcement
- Employment - labour market
- Housing
- Health and social protection
- Education
- Culture
- Media
- Sport
- Political discourse -parties - orgs
- Political participation
- Anti-discrimination
- Anti-racism
- Integration - social cohesion
- Daily life
- Religion
External Url www.unar.it
See other countriesSee indicator history
-
Are there specialised bodies/agencies/mechanisms which receive, handle/investigate complaints in discrimination cases?
-
Employment
In the Italian labour market the difference between the unemployment rate of Italian workers and migrants ones is particularly evident. Moreover in 2009, foreign worker receives, on average, 987 euro per month, compared to 1.281 euros of Italian worker. Nonetheless in Italy there are several good practices and positive initiatives against discrimination at the workplace. Trade unions are generally engaged in defending migrants and minorities’ rights in the labour market.
-
Legal restrictions and/or effective practices of exclusion of migrants regarding membership of and participation in trade unions
No.
Qualitative Info
There are no cases of legal restrictions or practices of exclusion of migrants/minorities in the access to trade unions.
Groups affected/interested
- Migrants
- Ethnic minorities
Key socio-economic / Institutional Areas
- Employment - labour market
- Political participation
-
Legal obstacles to access employment in the public sector under equal conditions for migrants
No.
Qualitative Info
The third country nationals have the possibility to partecipate in the selection for a job in the Public Admistration. The law disposition n. 487/1994 required the Italian citizenship as condition to access to job in the PA, but with the new law disposition n. 286/1998 reaffirmed the principle of equal treatement and equal rights for foreing worker compared to italian worker was reaffirmed.
Source:
http://www.altrodiritto.unifi.it/ricerche/migranti/cilibert/cap1.htm
Groups affected/interested
- Migrants
- Ethnic minorities
Key socio-economic / Institutional Areas
- Employment - labour market
-
Legal restrictions and/or effective practices of exclusion of minorities regarding membership of and participation in trade unions
No.
Qualitative Info
There are no cases of legal restrictions or practices of exclusion of minorities in the access to trade unions.
Groups affected/interested
- Roma & Travelers
- Ethnic minorities
Key socio-economic / Institutional Areas
- Employment - labour market
- Political participation
- Anti-discrimination
-
Does the law provides for legalizing the situation of illegal immigrants in order to ensure their right to work and access to social protection and care?
No
Qualitative Info
There is not a law which provides for the legalizing of illegal immigrants in order to ensure their rights. Nonetheless there are some special and extraordinary measures adopted by the government in order to legalise the illegal immigrants present on the Italian territory. The last one was he regularisation measure launched in August 2009 through law decree n° 78/2009 (art.1 ter) turned into law n. 102/2009. This measure provided for the regularization of domestic workers. This is only one of the activities of foreigners. Indeed there are other important categories (i.e building industry and agricultural workers, self-employment…). In Italy the biggest “sanatatoria” took place in 2002.
Source:
Testo unico delle disposizioni concernenti la disciplina dell'immigrazione e norme sulla condizione dello straniero (Dlgs 286/1998)
Cesareo V. (ed.), The Sixteenth Italian Report on Migrations 2010, McGrawHill, 2011
Groups affected/interested
- Migrants
Key socio-economic / Institutional Areas
- Employment - labour market
- Health and social protection
-
Are there examples of good practices and positive initiatives against discrimination/racism at the workplace?
yes
Qualitative Info
The project "Diversità come valore" was financed by the European Commission (Progress Program). Among its objectives, it aims at 1) analysing the problems and the critical situations, at the local and national level, concerning the discrimination aspects which affected the vulnerable groups, 2) implementating training courses in order to cope with discrimination in workplaces and 3) offering a consultancy activity in order to support the local institutions and the decision makers.
The trade unions promote themselves different activities and campaigns in order to face discrimination. (e.g. Uguali e diversi promoted by CGIL)
At the end of 2011, 19 organizations (Arci, Asgi-Associazione studi giuridici sull'immigrazione, Caritas Italiana, Centro Astalli, CGIL, Cnca-Coordinamento nazionale delle comunità d'accoglienza, Comitato 1° Marzo, Coordinamento nazionale degli enti locali per la pace e i diritti umani, Emmaus Italia, Fcei - Federazione Chiese Evangeliche In Italia, Fondazione Migrantes, Libera, Lunaria, Il Razzismo Brutta Storia, Rete G2 - Seconde Generazioni, Sei Ugl, Tavola della Pace, Terra del Fuoco)) promoted a sensibilization campaign “L’Italia sono anch’io” in order to promote the equality of rights among immigrants also in the workplaces.
Source:
http://www.litaliasonoanchio.it/
http://www.cgil.it
Groups affected/interested
- Migrants
Type (R/D)
- Anti-migrant/xenophobia
Key socio-economic / Institutional Areas
- Anti-discrimination
External Url http://www.pariopportunita.gov.it/images/stories/documenti_vari/UserFiles/PrimoPiano/diversitacomevalore.pdf
See other countriesSee indicator history
-
Legal restrictions and/or effective practices of exclusion of migrants regarding membership of and participation in trade unions
-
Housing & Segregation
There are not evidences of migrant segregation in Italy. It's possible to find in metropolitan areas (as Milan or Rome) significant levels of concentration of migrant groups in the popular neighbourhoods but they are not segregated from majority of population. From local and national researches emerges that immigrants seeking a house to rent often face forms of discrimination arising exclusively from their being foreigners
-
Is there evidence of particular difficulties faced by migrant/minority groups in purchasing or renting property of their choice?
Yes.
Qualitative Info
The housing situation of migrants in Italy has been at the centre of public attention for several years, since housing is a widely discussed issue at National level, especially with regard to the weakest groups of the population. It is not a coincidence that cases of discrimination in the housing sector are the most common, after those in the employment sector, reaching 16.2% of the calls of UNAR Contact Centre. 57.1 % of these calls pertain to tension with neighbours, 9.5% concern low rent public houses, 7.3% rented houses and 7.1% estate agents. The NGO CIDIS conducted a research on the housing difficulties of migrants in two Italian regions, pointing to stereotypes and lack of trust as the main obstacles faced by migrants in the access to respectful housing. In fact, the research shows that the house owners judge migrants in negative terms in many aspects: as poorly reliable in the management of a house, with bad relationships with neighbours and at risk of not paying rent. All these prejudices hinder significantly their access to housing.
Furthermore, the economic crisis, with its negative impact on the labour market, has also affected migrant’s access to housing. The report on global rights 2010 indicates that immigrant citizens have less possibilities to buy a house than Italians. The purchase of housing by immigrants has decreased by 23,7% between 2007 and 2008, stopping the positive trends of the previous four years. Evictions for non payment of rent have increased heavily because of a rise in rent and an increase in the number of people losing their job. In the northern regions of Italy, evicted families of immigrant origin are 22% of all evicted families.
Source:
ENAR SHADOW REPORT 2009/2010 - Racism and Discrimination in Italy by Laura Di Pasquale - http://cms.horus.be/files/99935/MediaArchive/Italy.pdf
ENAR SHADOW REPORT 2008 - Racism and Discrimination in Italy by Camilla Bencini, Sara Cerretelli, Laura Di Pasquale - http://cms.horus.be/files/99935/MediaArchive/national/Italy%20-%20SR%202008.pdf
Groups affected/interested
- Migrants
- Roma & Travelers
Key socio-economic / Institutional Areas
- Housing
-
Affected group with particular difficulties in purchasing or renting property of own choice
No, there are not affected group with particular difficulties.
Qualitative Info
The available researches don't show any evidences regarding these issues.
Source:
ENAR SHADOW REPORT 2009/2010 - Racism and Discrimination in Italy by Laura Di Pasquale - http://cms.horus.be/files/99935/MediaArchive/Italy.pdf
Groups affected/interested
- Migrants
- Ethnic minorities
Key socio-economic / Institutional Areas
- Housing
-
Are there positive initiatives with an impact on housing of migrant and minority groups?
Yes.
Qualitative Info
There are many local initiatives (at regional or municiaplity level) with a positive, but partial, impact on housing. These local initiatives have been developed in the ‘90s and comprise several integrated actions, for example: information and guidance, intermediation activities provided in seeking a house to rent or to buy; property management, restructuring abandoned housing units, “do-it-yourself” construction or rehabilitation of buildings on the basis of special agreements with public administration services, by establishing a cooperative of Italian and non-Italian home-seekers; guarantee funds constitution and management to be resorted to in case of contractual non-performance arising from delayed payment, and of damaged suffered by the building or by third parties; social mediation activities linked with housing integration efforts, generally managed with the support of educators and of social and cultural mediators.
Source:
Censis, Housing Policies and Services for Immigrants in Italy, Summary, 2005 - http://www.lavoro.gov.it/NR/rdonlyres/B8B67F21-06AD-4041-BF9C-5CCF586285AE/0/Rapportomonitoraggiopoliticheabitativeinlinguainglese.pdf
Groups affected/interested
- Migrants
- Ethnic minorities
Key socio-economic / Institutional Areas
- Housing
-
Is there evidence of particular difficulties faced by migrant/minority groups in purchasing or renting property of their choice?
-
Education
Foreign students and Roma ones are encouraged to lower their educational ambitions displaying higher school dropout rates or preferring schools with a more clearly vocational focus. As a consequence, we find a prevalence of foreign students enrolled in vocational routes. In Italy there are different intercultural initiatives and good practises which aim at combating discrimination in school.
-
Practical obstacles and evidence of problems and differential enrollment rates for certain minorities?
Yes.
Qualitative Info
Practical obstacles, evidence of problems and diffential enrollement rates are all present concerning Roma and Sinti people. The main obstacle for a part of the Roma communities is the housing marginality and the continuing evictions that menace people living in “nomad camps”. For this reason the majority of children living in the “nomad camps” are threatened of exclusion from their specific school cycle (in most cases primary and secondary school). Roma and Sinti are de facto absent from high schools and universities. The italian school system is unprepared to receive the Roma and Sinti diversity and to promote successful paths of school integration. Ther are not legal obstacles to integration of Roma/Sinti children in the school system, but the deprived living conditions and residential marginality play a negative role.
Groups affected/interested
- Roma & Travelers
Key socio-economic / Institutional Areas
- Education
-
Practical obstacles and evidence of problems and differential enrollment rates for migrants?
Yes.
Qualitative Info
A recent study conducted by the Cariplo Foundation on secondary school choices, based on government data, highlights that the different choices made by Italians and foreign students are strongly influenced by nationality, even when controlling for status and academic abilities. There appears to be a specific discrimination towards foreign students who are encouraged (and they themselves become inclined) to lower their educational ambitions displaying higher school dropout rates or preferring schools with a more clearly vocational focus. As a consequence, we find a prevalence of foreign students enrolled in vocational routes and schools primarily geared to fast entry in the job market and professionalisation. In the 2008/2009 a.y., 78.5% of foreign students attended technical and vocational institutes.
Apart from this, the Law n.94 passed on the 15th July 2009 -which established that all foreigners have to display their residence permit when addressing specific demands to public administration agencies – has raised doubts on migrants’ rights to access nurseries, pre-primary schools, upper secondary schools, vocational training after sixteen years of age and social educational services. The Associazione per gli Studi Giuridici sull’Immigrazione has produced a set of documents which argue that migrant students must be granted equality of access to school, to all services that are complementary to the right to education, and equality of conditions with italian minors from pre-primary schools to the completion compulsory education; that is to say, on the basis of constitutionally oriented interpretation of the current legislation, that is not in contrast with the European and international obligations of the Italian state, until they complete their upper secondary school degree or achieve their professional qualification.
On the other hand, there is a reduction in the number of foreign students who are “newcomers” – that is to say of those who began their schooling in their country of origin and later had to interrupt their educational career in order to be reunited with their parents who had already emigrated to Italy, thus finding themselves with a problem of entering the Italian school system. Due to lack of knowledge of the Italian language, this group presents problems in the receptions and initial integration phases. According to a recent study, the presence of “newcomers” involves an excessive workload for teachers, inhibits and slows down the regular progress of the curriculum and causes a sense of inadequacy.
School experiences of children from immigrant families are connected to the families’ migratory experience, which, in turn, is based primarily on the time necessary to complete the reunification process and not on the idea that children will have to be enrolled in Italian schools at a given age. Thus, the main event is adults’ labour-based migratory experience, which in turn determines a set of implications for the family and, consequently, for children’s educational careers.
Source:
Mariagrazia Santagati, "Education", in Fondazione ISMU, The Sixteenth Italian Report on Migration 2010, Milan, McGrawHill, 2011 - http://www.ismu.org/index.php?language=eng
Fondazione Cariplo, Stranieri si nasce... e si rimane? Differenziali nelle scelte scolastiche tra giovani italiani e stranieri, Rapporto di ricerca a cura di Paolo Canino, Collana Quaderni dell’Osservatorio n.3, Anno 2010 - http://www.fondazionecariplo.it/portal/upload/ent3/1/Quad3_web_NEW.pdf
Groups affected/interested
- Migrants
Key socio-economic / Institutional Areas
- Education
External Url www.fondazionecariplo.it/portal/upload/ent3/1/Quad3_web_NEW.pdf
See other countriesSee indicator history -
Poorer educational performance by certain groups?
Yes.
Qualitative Info
From the 2009 MIUR report, it appears that the number of foreign students repeating a school year increases proportionally with school level, passing from 1.2% in primary school to 9.8% in upper secondary schools. For both Italian and non-Italian students, however, school year repetitions are more frequent and widespread in vocational institutes than in lyceums. The percentage difference between foreign and Italian students, however, tends to diminish in the passage from lower secondary school (+4.7%) to upper secondary school (2,5%). In lower secondary school foreign students’ educational success appears to be a more complex and problematic issue compared to other educational levels. In total, moreover, the number of foreign students who are “held back” (i.e., who are not attending the age-appropriate academic year-grade) is 211,324 (33.5% of the total number of foreign students). If, at the end of the academic year, the number of failures for foreign students is still striking, it is also true that very often the lack of age grade consistency is not due to school failure but is rather connected to entry in the school system at a lower grade (in terms of age-appropriateness) by transfers from other schools or entry after the beginning of the academic year.
Source: Mariagrazia Santagati, “Education” in Fondazione Ismu, The Sixteenth Italian Report on Migrations 2010, Milan, McGraw Hill, 2011.
Groups affected/interested
- Migrants
Key socio-economic / Institutional Areas
- Education
External Url http://archivio.pubblica.istruzione.it/dg_studieprogrammazione/index_new.shtml
See other countriesSee indicator history -
Problems with educational attainement by certain groups (drop out - fragmentation of educational experience)?
Yes
Qualitative Info
A study conducted by the Cariplo Foundation, based on government data, on secondary school choices highlights that the different choices made by Italian and foreign students are strongly influenced by nationality, even when controlling for status and academic ability. There appears to be a specific discrimination towards foreign students, who are encouraged (and they themselves become inclined) to lower their educational ambitions, displaying higher school dropout rates or preferring schools with a more clearly vocational focus. Indeed, In the 2008/2009 a.y., 78.5% of foreign students attend technical and vocational institutes.
Considering the promotion rate, In terms of those who took the State diploma exam, during a.y. 2008/2009 foreign students born in Italy have a promotion rate of 98.2%, followed by Italians (97.8%) and by foreigners born elsewhere (95.5%). Moreover, 45.5% of foreign students born in Italy who obtained the diploma attended vocational (45.5%) and technical schools (20.4%). Among the rest of the foreign student population, a significant percentage is represented by students who obtained a technical institute diploma (39.1%) and a vocational school diploma (24.3%). Italian students, on the other hand, obtained primarily technical institute diplomas (33.4%) and scientific lyceum diplomas (25.5%).
Nonetheless, the percentage of foreign students enrolled in higher education, moreover, is slowly but constantly increasing. The Italian higher education system’s capacity to attract students from abroad, whilst still marginal on the international arena , seems to present a positive trend: in the 2007/2008 a.y. the total number of foreign students enrolled in the Italian higher education system was 51,803 (of which 60% are women), which represents 2.9% of the total student population.
Source: Canino P. (a cura di), Stranieri si nasce e… si rimane? Differenziali nelle scelte scolastiche tra giovani italiani e stranieri, “Quaderni dell’Osservatorio”, n.3, Fondazione Cariplo
Cesareo (ed.), The Sixteenth Italian Report on Migrations 2010, McGraw-Hill
Nomisma (a cura di), L’immigrazione in Italia tra identità e pluralismo culturale, Ministero dell’Intrno, Dde Editrice, Roma, 2009.
Key socio-economic / Institutional Areas
- Education
External Url www.istruzione.it
See other countriesSee indicator history -
Are there positive initiatives to improve/support poor educational provision for migrant and minority groups?
yes
Qualitative Info
There are a lot of initiatives which aims at supporting migrants and minority groups. For example, the project “Obiettivo futuro” is a project to support the integration of Roma students and their families in school. This project, financed by the Labour Ministry, promotes a series of initiative to empower and support Roma families in their access to school services.
Nonetheless, as Mipex research underlines, Italian education system has a series of strengths but at the same time weaknesses: “migrant needs are targeted but generally as a problem group. Besides civil society projects, the Italian education system is not actively supporting new opportunities and intercultural education” (p. 113, Mipex).
Source:
Accogliere bambini e ragazzi rom e sinti. Vademecum per le scuole, Fondazione ISMU, USR, USP, MLPS, 2010
Mipex III, Migrant Policy Index III, 2011
Groups affected/interested
- Migrants
- Roma & Travelers
- Ethnic minorities
Type (R/D)
- Anti-migrant/xenophobia
- Anti-roma/zinghanophobia
Key socio-economic / Institutional Areas
- Education
External Url www.mipex.eu
See other countriesSee indicator history -
Victimisation in schools (bullying/harassment/racist violence) ?
Yes
Qualitative Info
Even if there are no official data on the phenomenon of bullying, various cases of racially motivated bullying were reported in different parts of the Italy.
Source: Italy / MIUR (2009): Alunni con cittadinanza non italiana. Scuole statali e non statali. Anno scolastico 2007 - 2008. Aprile 2009. http://www.pubblica.istruzione.it/mpi/pubblicazioni/index.shtml
Groups affected/interested
- Migrants
Type (R/D)
- Anti-migrant/xenophobia
Key socio-economic / Institutional Areas
- Education
External Url http://www.pubblica.istruzione.it/mpi/pubblicazioni/index.shtml
See other countriesSee indicator history -
Provision of option to learn mother language other than the majority's
Yes
Qualitative Info
There are no initiatives at the ministerial level regarding the teaching of the mother langiage. The teaching of migrant’s mother language relies on the Third Sector, for example Ismu Foundation’s projects, and also on migrant associations. New minorities generated by immigration are not recognised as linguistic minorities and as such, do not enjoy any form of collective protection but only the individual protection deriving from the principle of non-discrimination.
Regarding linguistic minorities, the framework law - Law 482 (15.12.1999) - on the protection of historic linguistic minorities states that Italian is the official language and at the same, provides for the right to education in minority languages for protected minorities. At the nursery level, it is possible to have all activities in the minority language while at the elementary and middle school levels, teaching of a minority language, customs and traditions of the local community as subjects is guaranteed. Teaching of a minority language at this level is offered on request by pupils’ parents while the teaching of customs and traditions is organised and offered to the entire class within the decisional autonomy granted schools.
Sources: Italy / Law 482 (15.12.1999). http://www.camera.it/parlam/leggi/99482l.htm (16/09/2009).
F. Palermo (2006): ‘Le minoranze linguistiche in Italia dopo la legge generale di tutela’, EURAC Bolzano/Bozen
Cospe, Contribution to the FRA Annual Report 2010 Italy, October 2009
http://www.cirdi.org/studi-e-ricerche/raxen-rapporto-annuale-2010
Groups affected/interested
- Migrants
- Roma & Travelers
Key socio-economic / Institutional Areas
- Education
-
Evidence of modifying school curricula and teaching materials can be modified to reflect the diversity of the school population
yes
Qualitative Info
In Italy the education materials have been modified in order to face the diversity in school population. In particular, the figure of the intercultural mediator has been introducted in school in order to facilitate the integration of foreign students in the new context.
Source:
U. C. Enwereuzor (2008) 'La figura del mediatore interculturale in ambito scolastico', in: I. Facchinelli (editor)
Accompagnare le istituzioni formative nella progettazione interculturale. Guida per il tutor di scuola, ORIM 2011;
Guida ai progetti di educazione interculturale - Come costruire buone pratiche, ORIM, 2007
Groups affected/interested
- Migrants
Key socio-economic / Institutional Areas
- Education
External Url http://www.orimregionelombardia.it/upload/1294768608540K.pdf
See other countriesSee indicator history -
Are there in schools good practices/positive initiatives and intercultural coexistence plans designed to solve problems of discrimination racism or xenophobia?
yes
Qualitative Info
In Italy there are different intercultural initiatives and good practises which aim at combacting discrimination in school. There are also different documents and guidelines regarding the intercultural approach in the school. For example it is of particular relevance the online database which collect all the intercultural projects and experiences promoted in all the school in the Lombardy region, promoted by the Regional Scholastic Office (USR) of the Ministry of Education in collaboration with the Regional Observatory on Integration and Multiethnicity (ORIM).
Source:
Accompagnare le istituzioni formative nella progettazione interculturale. Guida per il tutor di scuola, ORIM 2011;
Guida ai progetti di educazione interculturale - Come costruire buone pratiche, ORIM, 2007
http://www.orimregionelombardia.it/upload/1294768608540K.pdf
Groups affected/interested
- Migrants
- Ethnic minorities
Type (R/D)
- Anti-migrant/xenophobia
Key socio-economic / Institutional Areas
- Anti-discrimination
External Url http://www.orimregionelombardia.it/upload/1294768608540K.pdf
See other countriesSee indicator history -
Is the teacher regular curricula/training dealing with specific reference to immigrants or ethnic minorities and respect/promotion of diversity?
Yes
Qualitative Info
In Educational Degree there are intercultural courses regarding also foreigners, even if there is not a specific attention to antidiscrimination issues.
Every year, the Ministry of Education, Universities and Research organises training workshop for teacher even if they are not mandatory.
Source: http://www.istruzione.it
Groups affected/interested
- Migrants
Key socio-economic / Institutional Areas
- Education
External Url http://www.istruzione.it
See other countriesSee indicator history
-
Practical obstacles and evidence of problems and differential enrollment rates for certain minorities?
-
Health And Social Protection
Recent studies highlight that foreign workers contract serious diseases because of the bad housing and working conditions they face. In Italy the access to health services is guaranteed also for irregular immigrants and health services can not report to the police irregular migrants who use them.
-
Is there evidence of increased morbidity rates for minority and migrant groups?
yes
Qualitative Info
There are no recent national data available, but studies conducted at the local level demonstrate that foreigners are more subjected to those diseases strictly linked to the bad housing and working conditions, to the stress due to bureaucratic problems (e.g. absence o resident permit and so on). Moreover the report on the 'Report on the Health conditions of the country 2005 - 2006' highlights that critical aspects of conditions of health migrants are mainly practical problems (lack of information and difficulties in accessing health care structures), their precarious living conditions and the social and economic problems faced by many of them. These factors expose immigrants to various risks including psychological disorders, all compounded by bureaucratic, organisational and relational obstacles in access to territorial health structures and services.
Source: Relazione sullo stato sanitario del Paese, 2005-2006, Ministero della Salute, Direzione Generale del sistema informativo.
La Doppia Malattia Indagine sulla (non) applicazione della normativa sanitaria per i cittadini stranieri irregolari a Milano. A cura di Naga Associazione Volontaria di Assistenza Socio-Sanitaria e per i Diritti di Cittadini Stranieri, Rom e Sinti, Milan, April 2011
www.naga.it/tl_files/naga/documenti/rapporto_doppia_malattia.pdf
Groups affected/interested
- Migrants
- Roma & Travelers
Key socio-economic / Institutional Areas
- Health and social protection
-
Specific health issues such as diseases specific to particular groups
Yes
Qualitative Info
Recent studies highlight that foreign workers contract serious diseases because of the bad housing and working conditions they face: 73 per cent of them got an illness, among which the most frequent are osteo-muscular diseases, dermatologic diseases and respiratory diseases.
Source:
Cospe Complementary Data Collection Contribution to the FRA Annual Report 2009
http://www.cospe.it/cospe/uploads/documenti/allegati/raxen_rapporto_annuale_2009_italia.pdf
Groups affected/interested
- Migrants
Key socio-economic / Institutional Areas
- Health and social protection
External Url http://www.cospe.it/cospe/uploads/documenti/allegati/raxen_rapporto_annuale_2009_italia.pdf
See other countriesSee indicator history -
Differential access to social protection system and benefits - Do some or more categories of migrants minorities or stateless/non-citizens face limitations and restrictions?
Yes
Qualitative Info
In Italy the access to health services is guaranteed also for irregular immigrants (art. 35 of the Unified Text on Immigration) and health services can not report to the police irregular migrants who use them. Recently, during the discussions on the new security decree (Law 94/2009), an amendment was proposed that would have required medical staff to report foreign nationals without stay permits who access health structures to the authorities. Health workers, together with associations working in defence of migrants' rights, strongly opposed such amendment because it required medical and administrative personnel to disclose information gathered in the course of their professional duties, in violation of the principle of confidentiality they should observe in accordance with professional ethics. They organized public demonstrations against it and following the bitter controversy over the proposal, the amendment was cancelled .The Local Health Services (ASL) of a number of regions sent specific circulars to health care structures reaffirming that the only provision to be observed was that contained in the Consolidated Text on Immigration, providing that the hospital staff cannot report irregular immigrants who seek treatment in their services to the police. In a number of health structures, posters inviting irregular migrants to seek medical treatments without fear of being denounced posted. In spite of such initiatives, emergency and out-patient wards for undocumented migrants recorded a decrease in the number of users. The Association of doctors of foreign origin in Italy reported a 30 per cent decrease in the number of foreign patients in the Italian hospitals.
Moreover there are other problems: the Art. 37 par. 2 of the 2009 Financial act (Italy / Law no. 133 (06.08.2008) cancelled the provision of the Unified Text on Immigration that provided that EU citizens could benefit of the provisions concerning health care applied to non-EU citizens if these provisions are more favourable than the rules of the Community law.
Source: Cospe Complementary Data Collection Contribution to the FRA Annual Report 2009 http://www.cospe.it/cospe/uploads/documenti/allegati/raxen_rapporto_annuale_2009_italia.pdf
Cospe, Contribution to the FRA Annual Report 2010 Italy, October 2009 http://www.cirdi.org/studi-e-ricerche/raxen-rapporto-annuale-2010
Groups affected/interested
- Migrants
- Roma & Travelers
Key socio-economic / Institutional Areas
- Health and social protection
External Url http://www.cospe.it/cospe/uploads/documenti/allegati/raxen_rapporto_annuale_2009_italia.pdf
See other countriesSee indicator history -
Do migrants have a higher risk of poverty than the rest of the population?
Yes
Qualitative Info
Foreign families experience greater economic difficulties than Italian families and in some cases the economic vulnerability of foreign families has reached rather worrying levels. The majority of foreign families (58.8%) is unable to cope with an unexpected expense of 750 euros and 16.4% state that they are unable to heat their homes adequately. Even more serious is data relative to essential goods: 10.8% of foreign families have been unable to afford to buy food at least once during the year, compared to 5.4% of Italian families, and no less than 15.8% were unable to pay medical expenses, compared to 11.1% of Italian families. Although the economic systems in north Italy are more dynamic, offering greater employment and entrepreneurial opportunities and higher pay levels, foreigners living in this area still experience severe economic difficulties. This means that many foreigners throughout Italy are at risk of poverty and social exclusion.
Source:
Fondazione Leone Moressa, Rapporto annulae sull’economia dell’immigrazione, Il Mulino, Bologna, 2011 - http://www.fondazioneleonemoressa.org/newsite/wp-content/uploads/2011/11/abstract-in-inglese-Economia-dellimmigrazione2.pdf
Groups affected/interested
- Migrants
Key socio-economic / Institutional Areas
- Health and social protection
-
Are there policies and/or good practices accomodating culture/ traditions' respect in health care
Yes
Qualitative Info
The Ministry of Health issued a decree containing guidelines addressed to health operators and other operators working with immigrants coming from countries where female genital mutilations are carried out. These guidelines aim at promoting prevention, assistance and rehabilitation for all girls and women who were already subjected to these practices.
In Italy the role of cultural mediators is promoted also through the realization of professional courses, even if there are still some problems regarding the intercultural approach. Indeed cultural mediators are often used as translators and not in their intercultural function.
Source: Cospe Complementary Data Collection Contribution to the FRA Annual Report 2009
http://www.cospe.it/cospe/uploads/documenti/allegati/raxen_rapporto_annuale_2009_italia.pdf
Ambrosini M. (a cura di), Costruttori di integrazione. Gli operatori dei servizi per gli immigrati, Fondazione ISMU, 2006.
Santagati M., Mediazione e integrazione. Processi di accoglienza e d'inserimento dei soggetti migranti, Franco Angeli, 2004
Groups affected/interested
- Migrants
Key socio-economic / Institutional Areas
- Health and social protection
External Url http://www.cospe.it/cospe/uploads/documenti/allegati/raxen_rapporto_annuale_2009_italia.pdf
See other countriesSee indicator history
-
Is there evidence of increased morbidity rates for minority and migrant groups?
-
Political & Civic Participation
In Italy the right of voting, active and passive, is refused to migrants both at national and local level. Some actions have been carried out at local level for the right of administrative voting. But, these initiatives have only a cultural and political value, as they have been judged as unconstitutional. Italian-born children of migrants can only declare themselves Italian after 18 years with legal registration and uninterrupted residence (jus sanguinis).
-
Migrants' political rights - right to vote to national/local elections
Yes
Qualitative Info
Italy offers limitated political opportunies to migrants. They cannot vote in local elections like EU citizens can. Government has not shown political will to adapt tje constitution or remove their opt-out from Council of Europe Convention 144.
Source:
Migration Integration Policy Index II, http://www.mipex.eu
Groups affected/interested
- Migrants
Key socio-economic / Institutional Areas
- Political participation
-
Outreach - encourage participation - Practical obstacles or problems for migrants in exercising their right to vote
In Italy the migrants or ethnic minorites have not rights to vote at local and national level.
Qualitative Info
The right of voting, active and passive, is refused to migrants both at national and local level. This right in the Italian Constitution (artt. 48 and 51) is linked to the citizenship. Any international treaty is binding Italy to it, resolutions from the European Parliament and from the Council of Europe are not received. In the last years, some actions have been carried out at local level for the right of administrative voting, also against the central State institutions. Several Statutes of municipalities and some regional Statues foresee the right of voting for long term residents. But, these initiatives have only a cultural and political value, as they have been judged as unconstitutional.
Source:
Puccinelli S., The Political Participation of Migrants in Italy, Future Project, 2007. - /www.futureplatform.eu/downloads/presentazionestefanoinnsbruck.pdf
Groups affected/interested
- Migrants
- Ethnic minorities
Key socio-economic / Institutional Areas
- Political discourse -parties - orgs
- Political participation
-
Migrants have the right to stand for elections at local/national level?
No.
Qualitative Info
Italy provides best practices on political liberties for migratns, but critical weak electoral rights. A migrant can join a political party, but cannot vote or stands its candidate in local or regional elections.
Migration Integration Policy Index, 2007 - http://www.mipex.eu
Groups affected/interested
- Migrants
- Ethnic minorities
Key socio-economic / Institutional Areas
- Political discourse -parties - orgs
- Political participation
- Integration - social cohesion
-
Minority members have certain rights to self-government?
Yes.
Qualitative Info
The only legally defined minorities were linguistic, for example, the French-speaking Valdostani and the German-speaking Altoatesini/Suedtiroler. In the case of the linguistic minorities ad hoc legislation has established forms of protection which vary according to the territories in which the minorities are established, and also provided for wide legislative and administrative autonomy, an aspect which is of particular importance because it is provided for in the Constitution itself: protection of the minority and Special Statute are thus closely linked. In the case of Valle d’Aosta (fFrench-speaking valdostani) and Alto Adige (German-speaking Altoatesidni) in particular, the fundamental protection is ensured by the Special Statutes on autonomy provided for in the Constitution and by the provisions adopted to implement those Statutes.
Source:
http://www.coe.int/t/dghl/monitoring/minorities/3_fcnmdocs/PDF_1st_SR_Italy_en.pdf
Groups affected/interested
- Ethnic minorities
- National minorities
Key socio-economic / Institutional Areas
- Political discourse -parties - orgs
- Political participation
-
Are migrants' representatives engaged in any formal consultation with public authorities?
Yes.
Qualitative Info
Migrants and ethnic minorities can form their own association, which elect representatives (with state intervention) to national, regional, local consultative bodies. These representatives are only consulted ad hoc.
Source:
Mipex Integration Policy Index, 2007 - http://www.mipex.eu
See other countriesSee indicator history -
Are there migrants' consultative/advisory/representative bodies established by law?
Yes
Qualitative Info
The migrant's consultative/representative bodies can be established by law only in local context (region, municipality). See, for example, the Rome's 2 consultative bodies where non-Eu nationals can run and elect Ajunct Counsellors representing residents form Africa, Asia, America and Eastern Europe. They are part of the town council and make their own reports and recommendations, even if they cannot vote.
Source:
Migrant Integration Policy Index II – http://www.mipex.eu
Groups affected/interested
- Migrants
Key socio-economic / Institutional Areas
- Political participation
External Url http://www.comune.roma.it/wps/portal/pcr?jppagecode=consulta_citt_com_straniere.wp
See other countriesSee indicator history -
Public administration (including judiciary and executive) reflects the ethnic diversity of society?
No, the public admistration in Italy does not reflect the ethnic diversity of society.
Qualitative Info
The presence of migrants and minorities in the public administration is very low and professional rules usually are low-profile.
Source:
http://www.uil.it/rapporto-uil-co32011.pdf
Groups affected/interested
- Migrants
- Ethnic minorities
Key socio-economic / Institutional Areas
- Employment - labour market
- Integration - social cohesion
-
Is there automatic citizenship acquisition by birth for migrant children born in the country?
Yes, but only when they reach adult age (18 years old) .
Qualitative Info
Italian-born children of migrants can only declare themselves Italian after 18 years with legal registration and uninterrupted residence (jus sanguinis).
Sources: Migration Index Policy Index II - http://www.mipex.eu
Groups affected/interested
- Migrants
- Ethnic minorities
Key socio-economic / Institutional Areas
- Integration - social cohesion
External Url http://www.esteri.it/MAE/EN/Ministero/Servizi/Sportello_Info/DomandeFrequenti/Cittadinanza/
See other countriesSee indicator history -
What is the general law provision for naturalisation?
For naturalisation the law foresee minimum ten years of legal residence in Italy.
Qualitative Info
In Italy the conditions in the law provision for naturalisation are:
• after 10 years of legal residence in Italy;
• in the presence of sufficient income;
• in the absence of criminal record;
• upon renunciation of citizenship in country of origin (where required).
Source:
Migration Integration Policy Index II - http://www.mipex.eu
Groups affected/interested
- Migrants
- Roma & Travelers
- Ethnic minorities
Key socio-economic / Institutional Areas
- Integration - social cohesion
External Url http://www.esteri.it/MAE/EN/Ministero/Servizi/Sportello_Info/DomandeFrequenti/Cittadinanza/
See other countriesSee indicator history
-
Migrants' political rights - right to vote to national/local elections
-
Policies On Integration - Cohesion
The formal strategy on the integration of migrants is defined in the Piano per l’integrazione nella sicurezza. Identità e incontro (Plan for Integration in Security. Identity and Encounter). According to this document, the Italian model of integration is founded on the keywords: identity, encounter and education. An important innovation in the national strategy on the integration of migrants is the Integration Agreements.
-
Is there a formal national strategy on the integration of migrants/minorities?
yes
Qualitative Info
The formal strategy on the integration of migrants is defined in the Piano per l’integrazione nella sicurezza. Identità e incontro (Plan for Integration in Security. Identity and Encounter). On 10th June 2010 the Ministry of Labour and Social Policies, the Ministry of Internal Affairs and the MIUR presented this document, which outlines an Italian model of integration founded on the keywords: identity, encounter and education. The specificity of this strategy is an educational focus that favours reciprocal exchange and encounters between Italians and migrants. The Plan identifies five axes of integration: Education, Employment, Housing, Access to the main services, minors and second generations. This document affirms the necessity to overcome the multiculturalists and assimilationist responses to the multiethnic society in favour of an Open Identity Model (modello di Identità Aperta). It is also underlined the importance of the subsidiary principle. In addition to this, women are considers the vehicles of integration.
An important innovation in the national strategy on the integration of migrants is the Integration Agreements. This integration agreement provides that a newcomer, having reached the age of sixteen, must sign at the One-stop Immigration Desk or at the Police Headquarters a two-year real contract as soon as he/she lodges a residence permit application. Through the signature of this contract a foreigner commits himself to achieve a basic knowledge of the Italian language (A2 Level), of the civic culture and civil life in Italy, with particular reference to the areas of health, education, social services, labour and employment, and tax obligations. Along with this contract, an immigrant shall guarantee to fulfil the duty of minor children’s education, as well as to observe the principles of the Charter of the Values of Citizenship and Integration provided for in the decree issued by the Ministry of Interior on 23 April 2007, and shall declare to comply with them.
Source: Piano per l’integrazione nella sicurezza. Identità e incontro http://www.lavoro.gov.it/NR/rdonlyres/02A1BA64-6AF8-4EC2-ADD3-EF601C360D34/0/pianointegrazione_web.pdf
Cesareo (ed.), The Sixteenth Italian Report on Migrations 2010, McGraw-Hill
Libro Bianco sul futuro del modello sociale, MLPS, maggio 2009 http://www.lavoro.gov.it/NR/rdonlyres/376B2AF8-45BF-40C7-BBF0-F9032F1459D0/0/librobianco.pdf
Groups affected/interested
- Migrants
-
Is there a formal definition of integration
The official documents outlines an italian model of integration.
Qualitative Info
The Piano per l’integrazione nella sicurezza. Identità e incontro (Plan for Integration in Security. Identity and Encounter) outlines an Italian model of integration founded on the keywords: identity, encounter and education. The specificity of this strategy is an educational focus that favours reciprocal exchange and encounters between Italians and migrants. The Plan identifies five axes of integration: Education, Employment, Housing, Access to the main services, minors and second generations.
This document affirms the necessity to overcome the multiculturalists and assimilationist response to the multiethnic society in favour of a Open Identity Model (modello di Identità Aperta). It is also underlined the importance of the subsidiary principle. In addition to this, women are considers the vehicles of integration.
Moreover, in the Piano di azione per l’infanzia (Plan of Action for Infancy) it is possible to find a definition of intercultural society. The Plan was proposed on 14th July 2010, and aims at renewing the Government’s commitment to the construction of an intercultural society defined as “a community that doesn’t relinquish its cultural identity and value system, but intelligently favours processes of integration of both individual and groups of immigrants, defining a project aimed at fostering new relations and interconnections”.
Sources:
Piano per l’integrazione nella sicurezza. Identità e incontro http://www.lavoro.gov.it/NR/rdonlyres/02A1BA64-6AF8-4EC2-ADD3-EF601C360D34/0/pianointegrazione_web.pdf
National Action-Plan for Infancy, www.minori.it
Cesareo (ed.), The Sixteenth Italian Report on Migrations 2010, McGraw-Hill
Groups affected/interested
- Migrants
External Url http://www.lavoro.gov.it/NR/rdonlyres/02A1BA64-6AF8-4EC2-ADD3-EF601C360D34/0/pianointegrazione_web.pdf; www.minori.it
See other countriesSee indicator history -
To which groups does the integration strategy apply?
All foreigners residing legally in Italy
Qualitative Info
The Integration Plan applies to all foreigners residing legally in Italy.
Source: Piano per l’integrazione nella sicurezza. Identità e incontro http://www.lavoro.gov.it/NR/rdonlyres/02A1BA64-6AF8-4EC2-ADD3-EF601C360D34/0/pianointegrazione_web.pdf
Groups affected/interested
- Migrants
External Url http://www.lavoro.gov.it/NR/rdonlyres/02A1BA64-6AF8-4EC2-ADD3-EF601C360D34/0/pianointegrazione_web.pdf
See other countriesSee indicator history -
Are there formal policies and practises associated with this integration strategy?
Yes, there are different initiatives aimed at integration.
Qualitative Info
As stated in the Piano per l’integrazione nella sicurezza. Identità e incontro (Plan for Integration in Security. Identity and Encounter), one of the instrument for integration is the Portale integrazione web site (http://www.integrazionemigranti.gov.it/Pagine/default.aspx), founded by the European Fund for Integration. The Portale per l’integrazione collects all the services and projects activated at the local, regional and national level addressing migrants and their integration. It is the result of the collaboration among different institutions: Ministry of Labour and Social Policies, Ministry of Education, Universities and Research, Ministry of the Interior...)
Source: Piano per l’integrazione nella sicurezza. Identità e incontro http://www.lavoro.gov.it/NR/rdonlyres/02A1BA64-6AF8-4EC2-ADD3-EF601C360D34/0/pianointegrazione_web.pdf
Groups affected/interested
- Migrants
External Url http://www.integrazionemigranti.gov.it/Pagine/default.aspx
See other countriesSee indicator history -
Is the integration strategy effective and, if so, what are the tangible results at a local, regional and national level?
No, only in some cases
Qualitative Info
As reported in Mipex III, the situation of integration processes in Italy is variegated as demonstrated by the following key findings: favourable labour market mobility and family reunion; new long-term residence requirements may or may not encourage language learning and integration; Security Act lowers score on family reunion, long-term residence and access to nationality; many new legal conditions are out of step with general societal realities; anti-discrimination law slightly improves to meet EU standards; equality body and policies weakest in Europe; voting rights still absent for non-EU residents.
Source:
Mipex III, Migrant Integration Policy Index III, 2011
Groups affected/interested
- Migrants
Key socio-economic / Institutional Areas
- Integration - social cohesion
External Url http://www.ismu.org/index.php?page=85
See other countriesSee indicator history -
Is there a formal national strategy on social and/or community cohesion?
No
Qualitative Info
In the main official documents there is no references to national strategy on social cohesion addressing migrants or minorities.
Sources: Piano per l’integrazione nella sicurezza. Identità e incontro http://www.lavoro.gov.it/NR/rdonlyres/02A1BA64-6AF8-4EC2-ADD3-EF601C360D34/0/pianointegrazione_web.pdf
Cesareo (ed.), The Sixteenth Italian Report on Migrations 2010, McGraw-Hill
Libro Bianco sul futuro del modello sociale, MLPS, maggio 2009 http://www.lavoro.gov.it/NR/rdonlyres/376B2AF8-45BF-40C7-BBF0-F9032F1459D0/0/librobianco.pdf
Groups affected/interested
- Migrants
-
Is there a clear definition of social/community cohesion?
No
Qualitative Info
In the main official documents, there is not a definition of social cohesion.
Sources: Piano per l’integrazione nella sicurezza. Identità e incontro http://www.lavoro.gov.it/NR/rdonlyres/02A1BA64-6AF8-4EC2-ADD3-EF601C360D34/0/pianointegrazione_web.pdf
See other countriesSee indicator history
Cesareo (ed.), The Sixteenth Italian Report on Migrations 2010, McGraw-Hill
Libro Bianco sul futuro del modello sociale, MLPS, maggio 2009 http://www.lavoro.gov.it/NR/rdonlyres/376B2AF8-45BF-40C7-BBF0-F9032F1459D0/0/librobianco.pdf
-
Does the social cohesion strategy apply to all migrant/minority groups?
No
Qualitative Info
There is not a social cohesion strategy. In the official documents there is not a mention of it.
Piano per l’integrazione nella sicurezza. Identità e incontro http://www.lavoro.gov.it/NR/rdonlyres/02A1BA64-6AF8-4EC2-ADD3-EF601C360D34/0/pianointegrazione_web.pdf
Cesareo (ed.), The Sixteenth Italian Report on Migrations 2010, McGraw-Hill
Libro Bianco sul futuro del modello sociale, MLPS, maggio 2009 http://www.lavoro.gov.it/NR/rdonlyres/376B2AF8-45BF-40C7-BBF0-F9032F1459D0/0/librobianco.pdf
External Url http://www.lavoro.gov.it/NR/rdonlyres/02A1BA64-6AF8-4EC2-ADD3-EF601C360D34/0/pianointegrazione_web.pdf
See other countriesSee indicator history -
Is/are social/community cohesion strategies effective and producing results?
No
Qualitative Info
There is not a social cohesion strategy.
Sources: Piano per l’integrazione nella sicurezza. Identità e incontro http://www.lavoro.gov.it/NR/rdonlyres/02A1BA64-6AF8-4EC2-ADD3-EF601C360D34/0/pianointegrazione_web.pdf
Cesareo (ed.), The Sixteenth Italian Report on Migrations 2010, McGraw-Hill
Libro Bianco sul futuro del modello sociale, MLPS, maggio 2009 http://www.lavoro.gov.it/NR/rdonlyres/376B2AF8-45BF-40C7-BBF0-F9032F1459D0/0/librobianco.pdf
External Url http://www.lavoro.gov.it/NR/rdonlyres/02A1BA64-6AF8-4EC2-ADD3-EF601C360D34/0/pianointegrazione_web.pdf
See other countriesSee indicator history -
If there is a national strategy covering both integration and cohesion? Are the two key elements of the strategy joined up formally?
No
Qualitative Info
In the Piano per l’integrazione nella sicurezza. Identità e incontro (Plan for Integration in Security. Identity and Encounter) there is no reference to a national strategy on cohesion, but only on integration.
Source: Piano per l’integrazione nella sicurezza. Identità e incontro http://www.lavoro.gov.it/NR/rdonlyres/02A1BA64-6AF8-4EC2-ADD3-EF601C360D34/0/pianointegrazione_web.pdf
External Url http://www.lavoro.gov.it/NR/rdonlyres/02A1BA64-6AF8-4EC2-ADD3-EF601C360D34/0/pianointegrazione_web.pdf
See other countriesSee indicator history
-
Is there a formal national strategy on the integration of migrants/minorities?
-
Public Life, Culture, Sport & Media
There are no restrictions in the freedom of association of the migrants. There are problems for the muslim communities to be officially recongnised and for the construction of mosque. In the media system there are some difficulties in the representation of migrants and minorities and there are few initiatives which promote migrant saccess to the media. Also in sport, the presence of migrants and minorities is not so widespread.
-
Is self-identification of individuals/groups a criterion for recognition and respect of minority or ethnic cultural linguistic religious groups' rights by the state/government?
No
Qualitative Info
In Italy the state law No. 482/1999 (Norme in materia di tutela delle minoranze linguistiche storiche”), which puts into practice the fundamental principle on the protection of minorities provided by art. 6 of the Constitution, recognises some minorities but not all. For example Romanos and Sinto languages are not recognised among the historical-linguistic minorities protected on a level of full equality.
Source: Act No. 482/1999 ((Norme in materia di tutela delle minoranzelinguistiche storiche”)
Groups affected/interested
- Ethnic minorities
- Linguistic minorities
-
Association: are there restrictions of the freedom of peaceful assembly, and freedom of association for migrants
No
Groups affected/interested
- Migrants
Key socio-economic / Institutional Areas
- Integration - social cohesion
-
Association: are there restrictions of the of the freedom of peaceful assembly, and freedom of association for minorities
No.
Qualitative Info
For the main ethnic minority, Roma and Sinti, in Italy there are no restrictions for freedom of associations or peaceful assembly, but often, in practice, the processes of spatial segregation and social, economic, and cultural discrimination do not permit it.
Source:
CERD Report, Rapporto sulla situazione italiana, 2008.
Groups affected/interested
- Roma & Travelers
Type (R/D)
- Anti-roma/zinghanophobia
- Anti-roma/ romaphobia
Key socio-economic / Institutional Areas
- Political participation
- Integration - social cohesion
External Url http://www.cohre.org/sites/default/files/italy_-_shadow_report_to_cerd_2007.pdf
See other countriesSee indicator history -
Religion: Persons belonging to minorities face legal and practical obstacles in exercising or manifesting their religion or belief?
yes
Qualitative Info
A general protection against discrimination is established by article 3 of the 1948 Constitution, which recognises equal dignity and equality under the law without distinctions also on ground of religion (belief is not mentioned per se). “The 1948 constitution mentions religion within the general equality clause contained in article 3. It establishes also (article 8, section 1) that “All religious beliefs are equally free before the law”, and (article 19) that “ [all] shall be entitled to profess their religious beliefs freely in any form, individually or in association with others, to promote them, and to celebrate their rites in public or in private, provided that they are not offensive to public morality”. The practical enforcement of the general principle of religious freedom has been somewhat difficult because of its coexistence with other provisions deeply marked by the strong role of the Catholic Church. With regard to the religious confessions different from the Catholic one, the constitution establishes (article 8) that they can “organise themselves according to their own charters, provided that these are not in conflict with the Italian legal system” and that their “relations with the State are regulated by the law on the basis of agreements with their representative bodies”, thus leaving open to possibility of more favourable treatment for the religious associations that have signed those agreements”. There are “agreements - transposed in statutes approved by the parliament - with the representations of some religious confessions (these are the Adventists, the Waldensian movement, the Jewish Communities, the Assemblies of God, the Baptist movement, and the Lutheran Church). These agreements regulate the effects for the Italian state of the internal acts of the confessions, while solving several problems specific to each of these, like for instance holidays. Within the scope of application of Directive 2000/78, it is therefore clear that the employer enjoys a wider discretion to refuse taking into consideration the specific needs related to a religion or belief when the employee is a believer of a “religion without agreement”. Even more relevant problems exist out of the employment field, in any case where there a degree of judicial and administrative discretion, as for instance proved by the outright and explicit denial of some local authorities of the administrative authorisations required to start any kind of place of worship for Muslims. Because of the piecemeal approach followed with the agreements, the legal protection of freedom of religion in Italy is currently felt as being still unsatisfactory, primarily concerning the position of those confessions that were not able to sign the agreements or to have them transposed in an act of parliament. (besides Islam, this is the case for instance of Jehovah’s Witnesses), the situation of which is thus still regulated by the antiquated 1929 act on “tolerated cults” . The lack of an agreement applicable to Islamic believers is commonly explained with a mix of both political reasons and objective difficulties linked to the absence of a unified representation of Islamic communities. (p. 14-16, Report on measures to combat discrimination).
“Since 2010 the protection of the Catholic religion seems to be the new obsession. With the aim of targeting Islamic groups, the Municipality of Trenzano (BS) passed an ordinance that made it compulsory the use Italian in public meetings which are discussing cultural, political or religious aims. The Regional Administrative Court and the Court of Justice of Brescia have revoked such ordinance for its discriminatory character” (p.30 Enar Shadow Report 2009-2010).
Source:
Report on measures to combat discrimination, Directives 2000/43/EC and 2000/78/EC. Country Report 2009, Italy, Alessandro Simoni
Enar Shadow Report 2009-2010
Groups affected/interested
- Religious minorities
Key socio-economic / Institutional Areas
- Religion
-
Media: Are there positive measures for promoting or restrictions for Migrant and minority media?
there are not positive measures
Qualitative Info
“[the media] use incorrect language and terminology and the voice of migrants is absent in newspapers and on TV”, (p.27 Enar Shadow Report 2009/2010). There are some good attemps as the following: “in 2008, another step towards a fairer representation of migrants in the media has been made in 2010 with the creation of ANSI, the national association of intercultural media. Acknowledged by the National Federation of Press, the association was born after a long process taken forward by multicultural journalists, experts, trade unions and the national order of journalists. The NGO Cospe www.cospe-fi.it , actively working for the promotion of cultural diversity in the media for over 10 years, had a crucial role in facilitating and supporting the process, still allowing multicultural journalists to be the protagonists . The main objectives of ANSI are to promote multiculturalism as a key element of journalism in Italy, promote policies on diversity in the media, and facilitate the access to the professional order for non Italian journalists defending their rights. ANSI intend to promote exchange of good practices at the international level” (p.28, Enar Shadow Report 2009/2010).
Source:
Enar Shadow Report 2009/2010, Racism and Discrimination in Italy, Laura Di Pasquale
Groups affected/interested
- Migrants
- Ethnic minorities
- Linguistic minorities
Key socio-economic / Institutional Areas
- Media
-
Media: Are there positive measures for promoting or restrictions for minority and lesser used language in the media?
no
Qualitative Info
“[the media] use incorrect language and terminology and the voice of migrants is absent in newspapers and on TV”, (p.27 Enar Shadow Report 2009/2010).
Source:
Enar Shadow Report 2009/2010, Racism and Discrimination in Italy, Laura Di Pasquale
Groups affected/interested
- Migrants
- Ethnic minorities
- Linguistic minorities
Key socio-economic / Institutional Areas
- Media
-
Media: Is there a visible presence (or absence) of members of target groups as media professionals?
No
Qualitative Info
The voice of migrants is absent in newspapers and on TV.
"After the Chart of Rome in 2008, another step towards a fairer representation of migrants in the media has been made in 2010 with the creation of ANSI, the national association of intercultural media. Acknowledged by the National Federation of Press, the association was born after a long process taken forward by multicultural journalists, experts, trade unions and the national order of journalists. The NGO Cospe, actively working for the promotion of cultural diversity in the media for over 10 years, had a crucial role in facilitating and supporting the process, still allowing multicultural journalists to be the protagonists . The main objectives of ANSI are to promote multiculturalism as a key element of journalism in Italy, promote policies on diversity in the media, and facilitate the access to the professional order for non Italian journalists defending their rights. ANSI intend to promote exchange of good practices at the international level".
Source: ENAR Shadow Report 2009/2010. Racism and discrimination in Italy, p.28
Groups affected/interested
- Migrants
- Roma & Travelers
- Ethnic minorities
Key socio-economic / Institutional Areas
- Anti-discrimination
External Url www.cospe-fi.it
See other countriesSee indicator history -
Sport: Effective participation of migrants in sport
Yes, but with limitations.
Qualitative Info
Indirect discrimination in sports takes many forms in relation to the groups affected and the given sport federation. In most of the sport federations, it takes the form of under-representation or outright exclusion of legally resident migrants, especially those from outside the European Union. In general, EU citizens are not formally excluded from taking part in any sport as professionals or in the various amateur categories. On the contrary, there are various limitations on the participation of legally resident non-EU citizens in almost all sports, except rugby where the “National Team” includes non-citizens. In all popular sports, there are severe restrictions affecting non-EU migrant minorities.
Source:
Udo C. Enwereuzor and L. Di Pasquale, ‘Preventing racism, xenophobia and related intolerance in sport across the European Union’ RAXEN Italy, COSPE, March 2009 - http://www.cirdi.org/wp/wp-content/uploads/2011/01/ITRacism-in-Sports.pdf
Groups affected/interested
- Migrants
Key socio-economic / Institutional Areas
- Sport
-
Sport: Effective participation of minorities in sport
No data available.
Qualitative Info
There is no publicly available information concerning the participation of Italian Roma and Sinti groups and foreign Roma resident in the country, in sports of any kind and at all levels. The vast literature on the living conditions of Roma populations and the integration of their children into the educational system does not contain any thing on their involvement in sports of any kind.
Source:
RAXEN Italy, ‘Preventing racism, xenophobia and related intolerance in sport across the European Union’ COSPE by Udo C. Enwereuzor and L. Di Pasquale March 2009 -
Groups affected/interested
- Roma & Travelers
- Ethnic minorities
Type (R/D)
- Anti-roma/zinghanophobia
- Anti-roma/ romaphobia
Key socio-economic / Institutional Areas
- Sport
External Url www.osservatoriosport.interno.it
See other countriesSee indicator history
-
Is self-identification of individuals/groups a criterion for recognition and respect of minority or ethnic cultural linguistic religious groups' rights by the state/government?