Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Italy (Ratification: 1963)

Articles 1 and 2 of the Convention. Equality of opportunity and treatment for men and women. Legislation.  The Committee notes with interest the amendments to Legislative Decree No. 198/2006 on equal opportunities between men and women, regarding the prohibition of discrimination and instruction to discriminate on the ground of sex, legal protection with respect to access to goods and services, and the right of representative associations and organizations to submit claims. It also notes the amendments to the Single Act on maternity and paternity providing for maternity and paternity leave in the case of adoption, and concerning rights of workers returning from maternity leave. The Committee further notes that the legislative Decree introducing Directive 2006/54/EC on the equal implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast) will involve comprehensive amendments to make existing legislation more structured and to clarify and specify the powers and functions of the equality bodies. The Committee requests the Government to provide information on the practical application of the new provisions on promoting equality of opportunity in employment and occupation, and to continue to provide information on further legislative developments regarding equality of opportunity and treatment between men and women in employment and occupation.

Public administration. The Committee recalls the Directive of 23 May 2007 regarding measures to implement the principle of equal opportunity between men and women in the public administration. It notes from the Government’s report that, out of the 24 administrations, 58 per cent had prepared a triennial plan to promote the access of women in sectors where they are under-represented, in accordance with section 48 of Legislative Decree No. 198/2006. The preparation of plans appeared to have been most successful among national social security institutions, while only three ministries and only three public universities had prepared a triennial plan. Some administrations have not adopted triennials plans, but have taken measures to identify specific affirmative action in their own area. The Committee further notes, from the 2006 data provided on the employment of women in public administration, that women were found to predominate in school teaching (79 per cent of the staff) and in the prison service (58.9 per cent of the staff); they also represented only 38.9 per cent of managerial staff. The Committee requests the Government to provide detailed information, including up-to-date statistics on employment since 2006, showing the impact of triennial plans and affirmative action measures on promoting access of women to sectors and posts in which they are under-represented. Please continue to provide information on the implementation of the abovementioned directive of 2007 and section 48 of Legislative Decree 198/2006, and to provide statistical information on the distribution of men and women in the various positions in the public administration.

Workers with family responsibilities. The Committee notes that section 9 of Act No. 53 of 8 March 2003, providing for subsidies for enterprises adopting measures to meet the needs of workers with family responsibilities, was amended with a view to extending the scope of persons covered and the actions eligible for funding. The Committee notes that demands for the financing of such projects have continued to increase and that, in 2007, 232 projects were submitted, of which 142 were ultimately approved; 292 projects were submitted in 2008. The Committee also notes that the majority of the projects continue to be implemented in the northern and central regions and that, in 2007 and 2008, women accounted respectively for 65 and 70 per cent of the beneficiaries (compared to 80 per cent in 2006). The Committee requests the Government to continue to provide information on the projects implemented in accordance with section 9 of Act No. 53 of 8 March 2003, and to indicate any measures taken to promote a more equal balancing of family responsibilities between men and women workers as well as a greater awareness of the subject at enterprise level, especially in southern regions.

Non-discrimination and equality of opportunity and treatment irrespective of race, colour, and national extraction (migrant workers). The Committee notes the information in the Government’s report regarding the complaints received in 2008 through the call centre of the Office for the Promotion of Equality of Treatment and Elimination of Discrimination based on Race and Ethnic Origin (UNAR). It notes that UNAR pursued 339 cases of discrimination or ethnic or racial harassment, and that the majority of the complaints originate from the centre-north of Italy, which, according to the Government, is due to the disparity between the industrialized and services-oriented centre-north and the areas in the south of Italy, characterized by a high number of migrant workers passing through and a significant number of foreign workers in an irregular situation. The Government further indicates that 39.4 per cent of foreigners who complain to the UNAR’s helpline originate from the African continent, 24.4 per cent from Eastern Europe, 12.3 per cent from South America and 5 per cent from Asia; the largest number of complaints (22.1 per cent) concern workplace discrimination. The Committee notes the Government’s indications that complaints regarding different treatment of immigrants mainly relates to difficulties in accessing the labour market (32.1 per cent), conditions of work (23.2 per cent) or bullying (19.6 per cent). According to the Government, fear of losing their job drives immigrants to put up with aggression and harassment of all kinds. The UNAR has encountered a worrying incidence of discriminatory acts against workers who, because of their ethnic or racial origin, are subjected to disadvantage and harassment.

The Committee notes the information in the Government’s report on the initiatives by the UNAR aimed at preventing racial discrimination, including sensitization campaigns and training courses, annual career forums on “Diversity in Work”, a tool kit on “Multiculturalism for the Firm”, and the pilot project in Triveneto (which ended, however, in 2006). The Committee also notes from the Government’s report on the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143), that some measures were taken in 2009 to render the UNAR more efficient and effective, such as the conversion of the call centre into a contact centre and the establishment of territorial anti-discrimination networks which should improve detection, monitoring and enforcement of cases of racial discrimination. The report also indicates that UNAR issued a public notice in October 2009 to promote positive action in order to prevent or compensate for disadvantages linked to racial and ethnic origin. The Committee further notes that the Department of Equal Opportunities and the National Statistics Institute are conducting during 2009–11 the first multipurpose survey on discrimination based on gender, sexual orientation and gender identity and ethnic origin. A new Memorandum of Intent between the UNAR and the social partners was concluded on 19 May 2010 concerning a programme of measures to combat racial discrimination in the workplace. The Committee requests the Government to indicate the specific results achieved by all the abovementioned measures taken to address racial and ethnic discrimination, including against foreign workers, and promote a diverse workplace free from racial and ethnic discrimination. The Committee also requests the Government to provide information on any affirmative action measures taken to address the disadvantaged position of certain groups of the population due to racial or ethnic discrimination, and detailed information on the results achieved. Please continue to provide information on the number and nature of the discrimination cases brought to UNAR’s attention, and those dealt with by the courts.

Roma population. The Committee notes from the Government’s report that specific programme agreements were signed with the regional administrations most affected by the presence of the Roma population, under which it is proposed to use apprenticeship and vocational training, vocational information, guidance and support services and training of Roma culture mediators in order to develop guidance, information and work support. Activities will also involve awareness raising in the workplace. Measures have also been adopted to promote educational inclusion for Roma children. The Committee further notes the launching by UNAR of the Dosta Campaign aimed at dispelling stereotypical and prejudicial attitudes towards the Roma, Sinti and travellers’ communities. The Committee requests the Government to supply detailed information on the specific activities undertaken under the social inclusion programmes for the Roma, and on the results achieved with respect to improving their access to employment and occupation, and participation in education and training programmes. Please also provide information regarding any developments with respect to a draft law on the protection of the Roma and the possibility of including Roma minorities among the minorities safeguarded by Law No. 482/1999 on Linguistic and Historical Minorities, referred to in the Committee’s previous direct request.

Article 5. Special temporary measures. With respect to the promotion of affirmative action within the meaning of section 43 of Legislative Decree No. 198/2006, the Committee notes that in July 2008 the National Committee for the Implementation of the Principle of Equality of Opportunity and Treatment between Men and Women (National Equality Committee) elaborated a programme setting out the types of affirmative action projects it is intended to implement. During 2008, the National Equality Committee examined 682 applications for financing, submitted by a wide range of actors, and approved 41 affirmative action projects. The Committee further notes that a Memorandum of Intent was signed between the Department of Equal Opportunities and the National Law Council aimed at promoting equal opportunities in the legal profession, including developing affirmative action with a view to providing equal opportunities in access to and pursuit of professional activities. The Government indicates that much of the action undertaken will be extended to other liberal professions. The Committee requests the Government to supply additional information on the type of affirmative action projects that have been approved, as well as on the results achieved under the programme of the National Equality Committee. Please also provide information on the implementation of the memorandum aimed at promoting equal opportunities in the legal profession, and any activities extended to other liberal professions.