Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

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

The Committee notes the observations of the Italian Confederation of Workers' Trade Unions (CISL), the Italian General Confederation of Labour (CGIL), and the Italian Union of Labour (UIL) as well as those of the Italian Confederation of Managers and Other Professionals (CIDA) communicated with the Government’s report. It also notes the observations of CISL, CGIL and UIL communicated to the Office on 30 June 2022 and 5 September 2023.

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee also notes that, in its report, the Government highlights that: (1) the Code of Equal Opportunities (Legislative Decree No. 198 of 2006) defines and prohibits sexual harassment and provides for protection against retaliation; and (2) by jurisprudence, sexual harassment is considered gender-based discrimination (and is therefore covered by the legal framework on discrimination) and a judge can take into account testimonies of other female workers who have suffered the same ‘treatment’ to consider that the standard of proof has been met (Cass. civ. Sez. lavoro, decision of 15 November 2016, n. 23286).

The Committee notes that, according to the report on the Sustainable Development Goals available on ISTAT’s (Istituto Nazionale di Statistica) website: (1) during 2022–23, 2.322 million people had experienced some form of sexual harassment at work in their lifetime, representing 7.3 per cent of the total population between 15 and 70 years old, with women accounting for 81.6 per cent of all persons harassed; (2) very few women contacted the police (2.3 per cent) or other institutions (2.1 per cent) and 24.8 per cent of women and 28.7 per cent of men did not talk to anyone; and (3) out of all persons surveyed, 87.5 per cent of men and 84.9 per cent of women stated that there were no people available in their workplace to whom they could refer to in order to report possible sexual harassment or to request some form of support, and 73.6 per cent of men and 64.8 per cent of women do not know whom to turn to in the event of being sexually harassed. The Committee also refers to its comments under the Violence and Harassment Convention, 2019 (No. 190). The Committee asks the Governmentto provide information on: (i) the measures taken to raise awareness of workers, employers and their organizations, as well as of the public in general, on the legislation prohibiting sexual harassment and the avenues of recourse available for victims; (ii) the application in practice of 26 of the Code of Equal Opportunities, including examples of cases addressed by the tribunal and courts or by the labour inspectors and other competent enforcement authorities concerning both quid pro quo and hostile environment sexual harassment, and their outcome; and(iii) any other measure taken to prevent sexual harassment from occurring and their impact.

Article 2. Equality of opportunity and treatment irrespective of race, colour or national extraction. The Committee notes the Government’s indication that: (1) in 2021, the duties of the Office for the Promotion of Equality of Treatment and Elimination of Discrimination based on Race and Ethnic Origin (UNAR) were extended to include the implementation of activities to promote equality and remove all forms of discrimination against workers exercising their right to free movement within the European Union; (2) between 2020 and 2022, 52. 8 per cent of the 5213 complaints received by UNAR concerned discrimination on the grounds of ethnicity and race and, of those received in 2022, 4.6 per cent were related to employment and occupation; (3) UNAR carries out projects to prevent, monitor and tackle racial discrimination and will develop new multi-year projects; and (4) racism and racial discrimination mainly affect specific national communities or stigmatised ethnic groups.

The Committee further notes from the 2023 report “Foreigners in the Italian labour market”, referred to by the Government, that: (1) the employment rate of the migrant population was 59 per cent in 2021 against 58 per cent for non-migrants; (2) approximately half of the migrant population had low education levels; (3) 49 per cent of immigrants with tertiary education were over qualified for their jobs, compared to 19 per cent of non-migrants, possibly due to immigrants lacking knowledge of the local labour market, advanced language skills and professional networks; (4) 20.5 per cent of foreigners feel part of a group that is discriminated against because of their ethnicity, nationality or race; (5) in 2020, the school drop-out rate of young people born in Italy to immigrant parents was 28 per cent, with repercussions on their later access to the labour market; and (6) some sectors are characterised by a higher foreign presence in their workforce, such as in the personal and collective services (31.6 per cent), agriculture (17.7 per cent), catering and tourism (17.3 per cent) and construction (15.6 per cent). The Committee also notes that the latest annual report on “Migrant communities in Italy” of the Ministry of Labor and Social Policy points to a phenomenon of “ethnic specialization”, by which workers of certain nationalities concentrate in a given sector or occupation, often due to word of mouth and connections with compatriots.

The Committee furthermore notes the concerns expressed by the UN Committee on the Elimination of Racial Discrimination (CERD) regarding discrimination against persons from ethnic minorities, Africans and people of African descent, the under-reporting of cases of racial discrimination, owing in part to the low level of trust on the part of victims of racial discrimination in the relevant authorities, and the lack of opportunities to improve the level of qualification of migrant workers who are compelled to perform manual tasks (CERD/C/ITA/CO/21, 27 September 2023, paragraphs 12, 20, 30, 32). Likewise, the Committee notes that the CEDAW expressed concerns about the persistent labour exploitation of women migrant workers, especially those employed in agriculture and in domestic labour (CEDAW/C/ITA/CO/8, paragraph 39). In light of the above, the Committee asks the Government to provide detailed information on: (i) the measures taken to address the relevant findings of the reports mentioned above with a view to combating discrimination and promoting equality of opportunity and treatment irrespective of race, colour or national extraction in employment and occupation, including in respect of Italian citizens; (ii) the results of the monitoring conducted by UNAR, including progress made and main challenges identified for future action, taking into account the effects of multiple forms of discrimination particularly on women workers; (iii) any assessment of the situation in employment and occupation of all ethnic groups in the country and the discrimination faced by them, in consultation with the social partners and the interested groups, wherever possible, which can allow for the monitoring of progress in addressing occupational segregation and discrimination in remuneration for work of equal value based on the grounds of race, colour and national extraction; and (iv) specific initiatives undertaken to combat prejudices and stereotypes based on race, colour and national extraction and address any obstacle to access justice and remedies faced by victims of discrimination, including discrimination-based harassment as a serious form of discrimination. Please also continue to provide information on cases of discrimination in respect of employment and occupation addressed by the competent bodies and their outcomes.

Roma, Sinti and Travellers. The Committee notes the Government’s reference to the National Strategy on equality, inclusion and participation of Roma and Sinti (2021–30) which may also be extended to Travellers. This National Strategy: (1) identifies main challenges faced by these groups, including cultural and social segregation, low levels of schooling, training and professionalisation, lack of certifiable work experience, and difficulty in entering processes of personnel selection and official channels for job placement; and (2) foresees a range of actions, including customized work coaching, tailored support to independent workers, intermediation with the labour market, and pro-active policies to combat prejudice, as well as initiatives to close information gaps stemming from the lack of statistics. The Committee notes with interest that the Strategy was prepared in consultations with the target population and built, among others, on the evaluation of the results achieved and obstacles encountered (such as persistent discrimination, lack of institutional coordination and monitoring, and lack of reliable data) in the implementation of the earlier National Strategy for the Inclusion of Roma, Sinti and Travellers (2012–20), and that a Monitoring and Evaluation Unit will regularly monitor the implementation of the Strategy. Accordingly, the Committee also takes note of the Government’s indication that a number of initiatives envisaged the National Plan for Inclusion (2021–27) which cover areas such as tackling school dropouts, promoting Roma culture, and fostering access to work following the “ACCEDER” model. The Committee welcomes the efforts of the Government to inform policymaking with the results and challenges of previous measures. The Committee encourages the Government to: (i) continue to provide information on the new measures adopted, including under the National Strategy on equality, inclusion and participation of Roma and Sinti (2021–2030) and the National Plan for Inclusion (2021–2027), to promote equality of opportunity and treatment for the Roma, Sinti and Travellers; and (ii) continue to monitor the impact of its efforts to tackle discrimination against these groups. The Committee also asks the Government to supply information on any progress made in filling the information gaps concerning the labour situation of Roma, Sinti and Travellers, including through statistical data gathering.

Equal opportunities between men and women.Public administration. The Government indicates that the CUGs (“Single Committee to Guarantee equal opportunities, the achievement of the well-being of workers and the prevention of discrimination”) implement actions to promote equal opportunities between men and women and address moral and psychological violence and discrimination in the public administration. The Government also refers to Directive no. 2 of 2019 of the Ministry of the Public Administration, which updates CUGs’ operating methods with a view to better coordinate their action with that carried out by other bodies, and to promote a more effective role of the CUGs. In this respect, the Committee notes the observations by CGIL, CISL and UIL that CUGs’ advice is not binding, which reduces their effectiveness. The Committee also observes that, according to Law No. 113 of 2021, public administrations with more than 50 employees, except schools and educational institutions, are required to adopt three-year integrated plan on activities and organization (PIAO) which encompasses also the type of actions once envisaged under the plans for affirmative actions referred to in the Committee’s previous comments. The Committee also notes the concerns expressed by the CEDAW about the non-compliance with section 48 of the Code of Equal Opportunities, which requires that women comprise at least one third of persons recruited to the public administration (CEDAW/C/ITA/CO/8, paragraph 23). Noting the absence of information in response to its previous comments, the Committee again asks the Government to provide information on the measures taken to promote equality of opportunity and treatment between men and women in the public sector as well as on any specific measures adopted or envisaged by the public administration to prevent and address discrimination based on the other grounds prohibited by the Convention. Additionally, it asks the Government to provide information on the application in practice of section 48 of the Code of Equal Opportunities, any obstacles encountered, and follow-up measure envisaged.

Equality of opportunity and treatment irrespective of sexual orientation and gender identity. The government points to a joint project between UNAR and INSTAT aimed at gathering qualitative and quantitative data on labour discrimination faced by LGBT+ (Lesbian, Gay, Bisexual, Transgender, and others) persons. Key findings from the project indicate: (1) in 2019, 5.1 per cent of companies in the industry and service sectors with at least 50 employees (over one thousand companies) implemented at least one measure to promote LGBT+ inclusion, such as training sessions on LGBT+ diversity for top management and employees; (2) this adoption rate increased from 5.1 per cent to 14.6 per cent among companies with at least 500 employees; and (3) companies cited various reasons for implementing anti-discrimination measures, including promoting worker wellbeing, satisfaction, and motivation, fostering a work environment that encourages individual talent, and attracting top talent regardless of sexual orientation or gender identity. The Committee also notes the observations of CISL, CIGL and UIL regarding the need for a specific law against homo-lesbo-bi-transphobia. They argue that such a law would play a vital role in both cultural transformation and the active fight against discrimination, alongside an expansion of rights for LGBTQ+ individuals. The Committee again asks the Government to provide information on the measures taken to promote equality of opportunity and treatment for LGBTI+ persons in respect of employment and occupation, including those adopted under the National LGBT Strategy, and the results achieved. Please also provide information on relevant cases of discrimination in employment and occupation on the grounds of sexual orientation and gender identity addressed by the competent authorities, and their outcomes.

Equality of opportunity and treatment irrespective of disability. The Committee notes the Government’s indication that: (1) in implementation of Legislative Decree no. 151 of 2015, Ministerial Decree No. 43 of 2022 was issued to provide guidance on targeted employment of people with disabilities, including through the adoption of reasonable accommodation; and (2) Act No. 104 of 1992 was amended to expressly prohibits discrimination against workers who apply for or take advantage of benefits granted to the workers in relation to their condition of disability (article 3 of Legislative Decree 105/2022). The Government also informs that, in the framework of the National Plan on Recovery and Resilience, a legislative reform was presented to the Council of Ministers to strengthen the accessibility of the public administration. The Committee notes from UNAR’s 2022 report that the number of reported cases of discrimination on the grounds of disability has increased. It also refers to its pending comments on the application of the Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159). The Committee further notes the concerns expressed by the UN Committee on Economic, Social and Cultural Rights about the fact that national legislation lacks a definition of reasonable accommodation and does not include an explicit recognition that the denial of reasonable accommodation constitutes disability-based discrimination (E/C.12/ITA/CO/6, 7 December 2022, paragraph 29). The Committee recalls that failure to provide reasonable accommodation is widely considered to be an unacceptable form of discrimination (General Survey of 2012 on the fundamental Conventions, paragraph 816). The Committee asks the Government to provide information on: (i) any developments concerning the legislative reform presented to the Council of Ministers, and the specific provisions therein that are relevant to address discrimination against persons with disabilities in respect of employment and occupation; (ii) any other action taken to promote equality of opportunity and treatment for persons with disabilities and their impact, including information on the measures adopted following the guidance of the Ministerial Decree No. 43 of 2022 and the results achieved. Please also continue to provide information on relevant cases of discrimination in employment and occupation processed by UNAR and reported to or detected by labour inspectors, and their outcomes.