Indicator history

Many anti-racist NGOs have not traditionally engaged in legal processes, often this is for the simple reason that there was little law for them to refer to. However the adoption of the EU Race Directive (see section ‘EU and anti-racism’) and the development of national law, means that now more than ever litigation has the potential to lead to real change for those who are vulnerable to racism and discrimination. As anti-discrimination is a relatively new field of law, NGOs have a role to play in raising awareness regarding its potential. Consequently the strategic litigation has come to the fore as a useful advocacy technique. NGOs can both directly engage in strategic litigation and support others to do so by gathering data, assessing victims and engaging in advocacy.

Source:

Enar Italy, Responding to racism in Italy – http://cms.horus.be/files/99935/MediaArchive/pdf/italy_en.pdf

In cases of judicial or administrative action, UNAR can propose an appropriate association on the National Register provides support to the victim (the National Register, as provided by Art. 6 Italy/decreto legislativo 215/2003, includes associations and entities belonging to civil society, e.g. NGOs, voluntary sector associations, private social organisations). These entities enrolled in the National Register, have the right to provide legal assistance and representation before the courts in discrimination cases. NGOs are heavily involved in supporting complainants in judicial and administrative procedures, in particular in explaining the legislation and bringing the victim into contact with the defending counsel. These registered associations also have legal standing before the courts in ‘collective discrimination’ actions in the event that an individual who has experienced discrimination cannot be immediately identified. In other cases they must have legal authorisation from the victims. In such cases registered associations can engage autonomously in proceedings on behalf of or in support of the victims (Art. 5 Italy/decreto legislativo 215/2003). Moreover, trade unions provide individual and collective assistance as well as support to workers who have been discriminated against, and to this end they are active at local level. In recent years, the role of the unions in prevention and monitoring of racial and ethnic discrimination has steadily increased, both independently and in conjunction with NGOs and the regional authorities

Source:

http://fra.europa.eu/fraWebsite/attachments/access-to-justice-2011-country-IT.pdf