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Rec(2010)5 of the Committee of Ministers of the Council of Europe on Measures to Combat Discrimination on Grounds of Sexual Orientation Or Gender Identity in Italy

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Rec(2010)5 of the Committee of Ministers of the Council of Europe on Measures to Combat Discrimination on Grounds of Sexual Orientation Or Gender Identity in Italy REPORT ON IMPLEMENTATION OF THE RECOMMENDATION CM/ REC(2010)5 OF THE COMMITTEE OF MINISTERS OF THE COUNCIL OF EUROPE ON MEASURES TO COMBAT DISCRIMINATION ON GROUNDS OF SEXUAL ORIENTATION OR GENDER IDENTITY IN ITALY In collaboration with: Arcigay Associazione Gay e Lesbica Italiana ArciLesbica Associazione Nazionale Associazione Genitori di Omosessuali AGEDO Associazione Radicale Certi Diritti Coordinamento Trans Sylvia Rivera Famiglie Arcobaleno Associazione Genitori Omosessuali Movimento Identità Transessuale This publication was supported by ILGA- in preparation of this report, Diletta Tega Europe’s Human Rights Violations Docu- and Luca Imarisio for their collaboration as mentation Fund in the framework of the expert referee. Special thanks go to the rep- project “Implementing the Council of Eu- resentatives of the NGOs members of the rope’s Recommendation on LGBT rights”. National Working Group: Flavia Madaschi This project is financially supported by the (AGEDO - Associazione Genitori di Omo- Dutch Government Department for Gen- sessuali), Dimitri Lioi (Arcigay Associazione der & LGBT Emancipation of the Ministry of Gay e Lesbica Italiana), Giovanna Camertoni Education, Culture and Science. (ArciLesbica Associazione Nazionale), Enzo Cucco (Associazione Radicale Certi Diritti), The opinions expressed in document do not Porpora Marcasciano (Coordinamento Trans necessarily reflect official positions of ILGA- Sylvia Rivera e Movimento Identità Transes- Europe or the Dutch Government. suale), Laura Mentasti (Famiglie Arcobaleno Associazione Genitori Omosessuali). This publication has been edited by Mia Caielli and Valeria Santostefano. Chiara Massalin has been responsible for editing Thanks go to Gabriele Murgia, Ilaria Cor- cases collected. tassa, Gabriella Dervio, Fortunato Speziale, The LGBTI Resource Centre expresses its Nicole de Leo, Serena Donà, for their col- gratitude to Nigel Warner for his assistance laboration and support. Centro Risorse LGBTI LGBTI Resource Centre Via Santa Chiara 1 10122 Torino t +39 349 55 85 732 f +39 011 52 12 033 [email protected] [email protected] risorselgbti.eu ISBN 978-88-908375-0-0 Copyright by Centro Risorse LGBTI This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivs 2.5 Generic License TABLE OF CON TENTS PREAMBLE 005 I. Executive summary 006 II. Recommendations to Italian Government for priority actions towards implementation of the CMCE Recommendation 008 III. Introduction 010 i. Background 010 ii. The purpose of this report 011 iii. Actors involved 011 iv. Methodology 011 v. The process of gathering information from Italian Ministries and Public Authorities 011 vi. Cases collected 012 IV. Findings 013 Recommendation of the Committee of Ministers of the Council of Europe CM/Rec(2010)5 013 Appendix to Recommendation CM/Rec(2010)5 016 i. Right to life, security and protection from violence 016 a. “Hate crimes” and other hate-motivated incidents 016 b. “Hate speech” 018 ii. Freedom of association 020 iii. Freedoms expression and peaceful assembly 021 iv. Respect for private and family life (excluding specific transgender issues) 023 v. Respect for private and family life and access to health care – specific transgender issues 025 vi. Employment 027 vii. Education 029 viii. Health 031 ix. Housing 033 x. Sports 035 xi. Right to seek asylum 036 xii. National human rights structures 038 Italian Report on implementation of the Recommendation CM/Rec(2010)5 TABLE OF CON TENTS Appendix I. Recommendation CM/Rec(2010)5 of the Committee of Ministers to member states on measures to combat discrimination on grounds of sexual orientation or gender identity 039 Appendix II. Glossary 048 Appendix III. Compliance Documentation Report 050 Recommendation of the Committee of Ministers of the Council of Europe CM/Rec(2010)5 050 Appendix to Recommendation CM/Rec(2010)5 055 I. Right to life, security and protection from violence 055 a. “Hate crimes” and other hate-motivated incidents 055 b. “Hate speech” 065 II. Freedom of association 071 III. Freedoms expression and peaceful assembly 077 IV. Respect for private and family life 084 V. Employment 100 VI. Education 106 VII. Health 111 VIII. Housing 121 IX. Sports 124 X. Right to seek asylum 128 XI. National human rights structures 133 References 134 About the LGBTI Resource Centre 137 About the National Working Group 139 004 Italian Report on implementation of the Recommendation CM/Rec(2010)5 PREAMBLE Monitoring the implementation of the “Rec- far as to require States to introduce mar- ommendation on measures to combat dis- riage equality and limits assistance on is- crimination on grounds of sexual orienta- sues related to families of same-sex cou- tion or gender identity” approved March 31, ples and their children. Yet these issues are 2010, by the Committee of Ministers of the at the heart of the political initiative of the Council of Europe, is important for many LGBT movement in Italy. reasons and constitutes a fundamental starting point. Monitoring, again, is a way to call on state institutions to honor their duties and this, It is a photograph of what Italian state in- in a democratic republic such as Italy, is a stitutions have done to promote the rights fundamental and indispensable role of civil of LGBT people and protect them from dis- society organizations. crimination. It is a way to reaffirm, as does the Recommendation and therefore the We hope that the many organizations in- states that have approved it, that LGBT volved in the promotion of human rights rights are human rights and that there are find in this work an instrument. Whenever systematic violations in many areas of pub- someone, more or less covertly, says that lic and private life. And it is in all those ar- LGBT rights are not violated, that there is eas that the Member States of the Council no discrimination in Italy, you can remind of Europe have taken on the task, although them that the Italian State recognized the not binding given the legal nature of the exact opposite in international forums and Recommendation, to promote legislative did this together with 46 other countries. initiatives and policy measures. This monitoring includes collection of data, cases and information not only for the pur- Monitoring is a way to deepen and spread pose of determining what the state has or awareness of the institutions responsible has not done but also because this infor- for the promotion of LGBT rights, of their mation summarizes the status of respect means, and of opportunities to promote for the rights of LGBT people in Italy, telling measures consistent with the content of us as much as possible about what is hap- the Recommendation. It is a starting point pening, what is lacking, and what we have because the provisions of the Recommen- yet to discover. dation are the bases on which to build the political agenda relating to the rights of For these reasons, this is a starting point LGBT people. The agenda, however, is not and not coincidentally a first step taken by limited to those measures and will not multitudes participating in this work. It is in be limited in its scope until full equality of this multitude, its growth and progressive rights, opportunity, and treatment is guar- organization that this peaceful revolution anteed to all men and women regardless of succeeds in its intents. sexual orientation and gender identity. It is precisely for this reason that it is nec- essary to remember that the Recommen- dation is based on the requirements of the European Convention on Human Rights and on the relevant case law of the European Court of Human Rights. It therefore has a history that, while placing LGBT issues in the context of human rights, is at the same time limited. For example, it does not go so 005 Italian Report on implementation of the Recommendation CM/Rec(2010)5 I. EXECUTIVE SUMMARY Italian authorities have promoted both leg- tion against any form of discrimination also islative and policy measures consistent based on sexual orientation and gender with the CMCE Recommendation require- identity. Nevertheless, a law prohibiting ments. Nevertheless, a noticeable number homophobic and transphobic hate crimes of fields covered by the Recommendation and hate related incidents, including hate lacks proper legislation and policies. Fur- speech is still missing. Police forces train- thermore, legislation is often incomplete ing is developed and realized by OSCAD to- and even when policy measures have been gether with UNAR; training for police forces adopted these are not structural and, there- on discriminations focusing also on LBGTI- fore, vulnerable to political will. Oftentimes, phobic crimes is amongst the OSCAD prior- even when the existence of such measures ity objectives of 2012 being mainstreamed is announced, there is a substantial lack of within the on the job and entrance train- information available on their characteris- ing programmes for police forces. Despite tics so that it is impossible to assess their that, the LGBTI Resource Centre is unaware effectiveness. of the policy document explicitly including During the past decade, under the European such objective; moreover, it is unclear the Union direction, legislation prohibiting dis- timing for implementing such measure and crimination based on sexual orientation and the specific contents of the training. - to some extent - gender identity in the field Looking at the condition of LGBT prison- of both public and private employment, has ers, the ‘extraordinary Senate Commission been introduced. The jurisdiction of the Na- on human rights protection’ clearly tackles tional Office Against Racial Discrimination the lack of competence of the prisons staff (UNAR) has been extended to action against on issues related to sexual orientation and discrimination of LGBT persons. Hence, the gender identity and the severe form of dis- Office has promoted a review of existing crimination that such prisoners suffer. legislation and administrative measures to In recent years hate speech against LGBT recognize the persistence of discriminations persons has directly come from public of- based on sexual orientation and gender ficials and politicians.
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