Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Article 1 of the Convention. Prohibition of discrimination. Legislation. The Committee notes the Government’s full report and the attached legislation and statistical data. It also notes the communication from the National Coordination for Women of the Italian Confederation of Workers’ Unions (CISL). The Committee notes with interest the adoption of Legislative Decree No. 145 of 5 May 2005, transposing into national legislation Directive No. 2002/73/CE of the European Parliament and of the Council on equal treatment for men and women as regards access to employment, vocational training and promotion and working conditions, which unifies the legislation in respect of equality in the world of work and fills a void relating to harassment. In this respect, it notes the indication by the CISL that the above legislation provides a better definition of direct and indirect discrimination and introduces the concept of harassment into the Italian legal system.

2. Article 2. Equality of opportunity and treatment in relation to race and national extraction. The Committee notes that, under the terms of section 7 of Legislative Decree No. 215, the Office for the Promotion of Equality of Treatment and the Elimination of Discrimination based on Race and Ethnic Origin (UNAR) was established in November 2004. The terms of reference of the Office are to assess the effectiveness of protective measures, promote equality of treatment to eliminate all forms of discrimination on the basis of race or ethnic origin, and raise public awareness in relation to racial integration. The Committee also notes that, in accordance with the new provisions, persons considering themselves to be victims of discrimination may take legal action on an individual basis or through associations or entities active in the field of combating discrimination. The UNAR will provide immediate assistance to persons considering themselves to be victims of such discrimination and will accompany them in their legal action. The Committee requests the Government to keep it informed of the practical action taken by the UNAR during the period covered by the next report and the results achieved, as well as on the nature and outcome of discrimination cases based on one of the grounds established by the decrees, examined by the courts or settled through conciliation.

3. The Committee notes that, according to the Government’s report, acts of discrimination have been committed in respect of young migrants, particularly of Moroccan nationality, and that these are not isolated cases. Discrimination is increasing in small and medium-sized enterprises and is higher in the catering sector (52.2 per cent) than in commerce (33.8 per cent). The Committee notes Decision No. 19378 of May 2005 of the Fifth Penal Section of the Court of Cassation which confirms the conviction by the Court of Appeal of Turin, according to which the term “Moroccan”, even when referring to a person of that origin, may cause injury in the context in which it is said and constitutes an indication of racial discrimination. The Committee requests the Government to continue providing information on the measures adopted to promote access to employment of migrants of Moroccan origin, the Roma and other ethnic minorities, and the impact in practice of such measures.

4. Equality of opportunity and treatment for men and women. By virtue of section 7 of Legislative Decree No. 196/2000, the public administration has to prepare triennial plans to promote the access of women in sectors in which they are under-represented. In the context of the network of equality councillors, a working group has been set up to carry out research, including an analysis of the types of plans adopted by the public administration at the regional, provincial and communal levels. The Committee requests the Government to provide the findings of this study, including, in so far as possible, information on the measures adopted in the context of the plans, their impact, the progress achieved and any difficulties encountered. With reference to point 5 of the previous direct request, the Committee notes that the above working group will carry out research into the impact of recent labour market reforms in terms of equality of opportunity and treatment and to ensure that women are not disadvantaged in their contractual conditions by reason of their sex. Please provide this study with the next report.

5. Workers with family responsibilities. The Committee notes that section 9 of Act No. 53 of 8 March 2003 introduces flexible working time, particularly in relation to caring for children. Subsidies have been established for enterprises adopting measures such as the following: (a) allowing working parents to benefit from flexible hours of work; (b) providing training to facilitate the reintegration of workers following career interruptions; and (c) permitting the replacement of a self-employed worker or the head of an enterprise by another self-employed worker or entrepreneur. In 2001-04, a total of 342 projects were submitted, of which 166 were accepted for financing. It also notes that the great majority of these projects made use of flexibility with a view to reconciling family responsibilities and work. The Committee requests the Government to continue providing information on this subject.

6. Sexual harassment. The Committee notes that Legislative Decree No. 145/2005, referred to above, unifies protection against discrimination based on sex and in relation to sexual harassment. Please provide copies of court decisions relating to sexual harassment. Please also provide information on the application of the codes of practice on sexual harassment applicable to employees of the Ministry of Labour and the Ministry of the Interior.