Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

Migration for Employment Convention (Revised), 1949 (No. 97) - Italy (Ratification: 1952)

With reference to its previous comments, the Committee notes the information supplied by the Government in its report.

Article 6 of the Convention (equal treatment). 1. The Committee notes with interest that under section 4 of the Legislative Decree of 29 December 1990, extra-community (EEC) citizens legally residing in Italy and registered on placement lists enjoy the same rights as unemployed Italians as regards entitlement to health care for 1991. It asks the Government to indicate the measures taken or envisaged to ensure that immigrants lawfully within its territory receive treatment no less favourable in respect of health care than that applying to its own nationals, beyond 1991.

2. The Committee notes the Government's statement in its report, concerning the problems of migrant workers' access to housing, especially in metropolitan areas, and the measures that have been taken in this respect. It notes in particular that, under the provisions of the Decree of 7 November 1990 of the Ministry of Foreign Affairs, respecting the limitation of extra-community migrant worker inflow for 1991, employers are required to furnish adequate housing for the specific workers whom they recruit abroad in accordance with section 8 of Act No. 943 of 1986.

The Committee also notes that under section 4, subsection 3(a), of Decree No. 655 of 23 May 1964 issuing the rules for the assignment of social housing, housing built by social bodies, the regions or the communes may not be assigned for ownership or rental to persons who are not of Italian nationality. Section 2 of Decree No. 1035 of 30 December 1972 issuing regulations on the assignment and withdrawal of housing constructed with public funds, restricts the assignment of such housing to Italian nationals and foreigners entitled to apply for it. Under the Decree of 15 May 1987 of the President of the Council of Ministers, employees who are nationals of other member States of the EEC, who reside in Italy and are engaged in gainful employment, and who fulfil the objective and subjective requirements of the legislation on social housing, are assimilated to Italian citizens with regard to the application of this legislation.

Furthermore, the Committee has noted the provisions adopted by several regions (Act No. 33 of 24 April 1980 of the Puglia region; Act No. 38 of 7 May 1980 of the Tuscany region; Act No. 15 of 25 May 1981 of the Emilia Romagna region; Act No. 22 of 23 April 1982 of the Liguria region) which reserve access to rental of housing constructed or renovated by public bodies to Italian citizens.

The Committee asks the Government to indicate whether Decrees No. 655 of 23 May 1964 and No. 1035 of 30 December 1972, and the above-mentioned regional laws, are still in force as regards migrant workers who are nationals of countries which are not members of the EEC. It also asks the Government to provide information on the measures taken or envisaged to apply to migrant workers lawfully in its territory, treatment no less favourable than that which it applies to its own nationals in respect of housing, in accordance with the provisions of Article 6, paragraph 1(a)(iii) of the Convention.

Article 8. In its previous comments, the Committee had requested the Government to indicate measures taken to protect foreign workers who have been admitted on a permanent basis and who and the members of their families shall not be returned to their country of origin or to the one from which they emigrated because the migrant workers are unable to follow their occupation by reason of illness contracted or accident sustained subsequent to entry. The Government has supplied the detailed information concerning this Article which does not, however, refer to such foreign workers and their families. The Committee requests again the Government to supply information on measures to protect migrants for employment who have been admitted on a permanent basis or their families against the possibility of being returned to their country of origin.